San Jose Inside

This week marks the second anniversary of the passing of one of the great young talents in American letters: the New York publisher Elizabeth Maguire, who died of ovarian cancer April 8, 2006, at the age of 47.  So, one might ask: why should San Jose’s citizens remember her? One answer is that her work exemplifies how innovation can come from just one individual and impact an entire country. Isn’t this what Silicon Valley applauds?  A second answer, for me, is that she reminds me of a man I never knew: Leonard McKay.

Law enforcement uses the state’s gang-enhancement law to crack down on violence, but a judge’s ruling in the Joshua Herrera case raises questions about its reach

THE moment before Rebecca Rivera entered the courtroom to hear whether or not her son Joshua Herrera was going to face a life sentence in prison, she gathered with 40 or so supporters, who were bustling around with nervous tension. “I talked to Joshua last night, and he wanted us all to know that whatever happens in there—he is coming home.” She began to weep, then collected herself and walked into court. The potentially devastating question that was left in her wake, the one no one dared ask, was: When? Rivera had already consoled the mother of another young man involved in the case, Alex Samarro, who had been given 23-to-life the day prior, and knew the pain she saw yesterday could be hers today.

Joshua Herrera May be Facing Life in Prison Because of an Unevaluated Gang Enhancement Law

On the steps of the Main Jail, Rebecca Rivera called out to God and her son at the same time. She asked that God save her son from a life in prison, and that her son hear her prayer. 24-year-old Joshua Herrera, housed on the fourth floor of that jail, did in fact hear his mother and the 200 or so supporters who chanted and cheered through Rebecca’s impromptu speech, many of whom also had sons, uncles, nephews somewhere in that building. And from the fourth floor, it must have been quite a sight, an unlikely movement that Rivera has pieced together since Joshua was convicted of home invasion robbery with gang enhancements in 2006. Marching alongside the Herrera family were young Chicano men who also have been labeled as gang members themselves, college students sporting their banners, firefighters who met Joshua, and about 50 leather-clad bikers sitting on Harleys that roared like they had jet engines inside them.

The report in the Mercury News yesterday that mandatory water rationing in Silicon Valley may soon be a reality is not unexpected. The decision of the judge to limit the flow of water through the Sacramento River Delta—which supplies 50 percent of our needs—to protect an endangered smelt is largely due to inadequate rainfall this past year and the crumbling delta infrastructure that desperately needs attention. There is only so much water available even at the best of times, but we are in a drought year and there could be many more to follow. It isn’t unheard of and the situation could get a lot worse.

While I was glad to see the back of the last mayor and council, I am beginning to worry about the effects of the old guard members on the new council. Why is it that decisions that seem obvious to the rest of us require months of delays and hundreds of thousands of dollars spent on consultants? And while, like the rest of the country, our infrastructure is crumbling, why does the Redevelopment Agency want to spend nearly a million bucks to bring a circus downtown? To top it all off, why has the council voted unanimously to unreasonably abridge the public’s freedom to speak in public meetings and limit the citizens’ ability to “petition the government for a redress of grievances” as per the First Amendment of the U.S. Constitution?

California Secretary of State Debra Bowen’s decision to decertify electronic voting machines manufactured by Sequoia and Diebold is a welcome one. There are serious security concerns associated with these machines that the manufacturers have not addressed, forcing Bowen to take this action. Among other things, it has been demonstrated that the machines can easily be hacked, employees of the manufacturers can gain access to the machines, and they provide no paper trail for each voter for a hand count in case of breakdown.

One of the hallmarks of fair and responsible campaigns in our city has always been the limits on the amount of dollars that could be contributed to a candidate for mayor. Many times, the special interests and mendacious politicians (not always a given) tried to get the limits raised above the five hundred dollars per person cap and were consistently rebuffed. Raising campaign money should be hard. There should be no bundling or bag men in the guise of lobbyists doing the dirty work.  These forces tried it twenty years ago when I was mayor and more recently with little success; the limits held.

Launches Verbal Tirade at City Staff

During a quick trip to San Jose to promote his next movie “The Passion of the Buzz,” actor Mel Gibson stopped off at City Hall to make his feelings known about what he called a “bogus” San Jose city staff recommendation to renew the Norcal contract.

Like other voters, I have received the Silicon Valley Chamber of Commerce hit piece on Cindy Chavez as well as the “Cindy Chavez stole my home” phone calls from the same Chamber political action committee, COMPAC. Unlike others, perhaps, I am not surprised by their tactics. After all, the Chamber is an organization of, by and for the local business community. They are empowered to look after the special interests of their members, representing a very small but vocal portion of the population of our city who seek a large influence at City Hall. It just so happens that these may not be the same interests of the vast majority of our citizens.

I know a few things about mistakes. I have made my share of them, sometimes before rather large audiences.  In the last two weeks I have noted two doozies that deserve to be nominated on this year’s list.

It is interesting that the words of a past mayor now seem to carry so much weight in the opening decade of the 21st century. Yet these words uttered by Janet Gray Hayes nearly thirty years ago reverberate now as never before: “Let’s make San Jose better before we make it bigger.”