Handmade Hooch

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When the Bohemian reached out to North Bay spirits producers for samples of their whiskey, we were pleasantly surprised at the brown booze bounty that showed up at the door—happy, too, that they sent no more than 13 bottles of the stuff. It was more than enough for a stimulating Friday-afternoon tasting.

There might have been more, indeed, if not for one stipulation: we asked for their best “grain-to-glass” whiskeys.

Spirits haven’t been this big in these parts since they were cooked up on the sly during Prohibition, and this recent raft of whiskey is an echo of the craft-spirits boomlet that got our attention with locally made gin and vodka in recent years. Since whiskey takes months and years longer to bring to market, most bright-eyed new distillers fire up their stills for the clear spirits first, if not only to get the cash flowing—most will profess their love for excellent gin—then, in part, to weather the capital-intensive, time-consuming path they’ve chosen by going grain to glass.

But when I asked Bohemian staffers what “grain to glass” meant to them, the answers I got were hardly warm.

Does it mean the whiskey is better quality? Might be, but it depends. Is it made with local ingredients? Well, some use organic California grains, and Griffo Distillery says they’re just now getting locally grown rye from Open Field Farm of Petaluma, but no, that’s not it, either. Does it pair better with food? While Alley 6 Craft Distillery recently paired up with Healdsburg’s Brass Rabbit restaurant to serve maple-glazed pork sliders with barrel-aged Old Fashioneds, that’s far from the mark, as well.

“The basic definition,” explains Spirit Works Distillery co-founder Ashby Marshall, “is that we bring in whole grains and mill, mash and distill that entirely on site. It’s a brewery and a distillery.”

All whiskey is made from a grain mash, which is fermented either as a soupy “wash” similar to the way beer is made, or as a sort of boozy porridge, and then heated and distilled into a liquid of usually
80 percent alcohol by volume (abv) or less (while vodka can also be made from grain, whiskey is not vodka aged in oak—vodka must be distilled to 95 percent abv or higher). And it generally ends up in a glass—with the exception of your hardcore, swig-from-the-bottle moments. So why the fussy term that sounds so much like “farm to table,” the foodie catch-phrase that’s more watered-down than a cheap cocktail?

Because not all craft spirits are created equal. Many, in fact, are created in Indiana. Some purported California “craft” distilleries purchase bulk whiskey—much of it from a giant facility in Indiana that churns out a large proportion of the nation’s whiskey—and only store and bottle it here.

Despite a 2015 settlement that stymied Iowa-based Templeton Rye’s efforts to market a “small batch” product of said facility, statements like “handcrafted” have about as much substance as words like “natural” or “sustainable.”

“Labeling in the spirits industry is, unfortunately, the least regulated aspect of the industry,” Marshall laments, regarding the “craft” word. “The word can be tossed around without any implications at this point.”

There is nothing wrong with blending outsourced whiskey, which is what respected brands like Bulleit do, while aging bourbon in wine barrels that held Zinfandel and Pinot Noir, like Sonoma’s Prohibition Spirits does with its Hooker’s House series (they call it “Sonoma-style”).

And yet there’s this: the top vote-getter in the Bohemian‘s whiskey tasting comes from a tiny Healdsburg outfit that was almost not included because I’d lumped it together, after a brief read of the label, with another critter-labeled craft whiskey from that same town, but which is not grain-to-glass.

Like most distillers I talked to, Alley 6 co-founder Jason Jorgensen is diplomatic when speaking about fellow craft entrepreneurs. “I don’t think it affects us that much,” Jorgensen says. “We’re so damn boutiquey!”

It takes from 75 to 90 hours to produce 100 gallons of Alley 6 whiskey, from mashing through distilling, and then it’s aged a minimum of nine months. “Then again, some people buy on the dollar value,” Jorgensen allows, “and the bulk tends to be cheaper than the hand-crafted product.”

When I first visited Griffo Distillery in Petaluma’s light industrial “maker district,” Jenny Griffo was hammering at a grain hopper to keep the mill going, while her husband, Mike, tinkered with the copper pot still. They’re clearly making booze by hand, and they want their operation to be as transparent as the tasting room window that looks out into the cluttered production area, but they’re concerned that their efforts could be lost on consumers amid the welter of craft brands.

“Even if it looks like craft,” says Jenny Griffo, “most of them are just marketing people.”

It does a disservice to the category, her husband adds during a later visit, if there are a hundred bottles on the shelf but they’re all from the same source. “It really does matter where it’s produced,” Mike Griffo asserts.

He cites a UC Davis study that analyzed chemical signatures in various whiskeys. The clusters of similarity, it turned out, had less to do with different styles, like bourbon or rye, than the specific distilleries they came from. It’s a good, empirical argument for grain-to-glass, Griffo says.

“It’s not necessarily the most economically intelligent route to go down,” says Marshall of their approach at Spirit Works. “But for us, it’s definitely worth it in the flavor and the quality of the spirit.” It isn’t just aging, or even distillation, but it’s hands-on control of the fermentation itself that’s crucial to the ultimate flavor of the spirit.

Distillation may seem like a radical removal process—only a tiny fraction of the original grain mash travels with the stiffly alcoholic vapors down the copper “swan’s neck” of Spirit Works’ hybrid whiskey still. Marshall says that, flavor-wise, it’s just the opposite.

“You can say that a still is a magnifier. If you have a great fermentation, that will be magnified in the spirit. But if you have a funky fermentation, it will come through in the spirit.”

How do you know a craft-spirits company is making its own, just by reading the label? It’s confusing if you’ve got the same exercise down cold with wine: whereas “produced and bottled by” means that a wine is, indeed, fermented at the named winery, it isn’t the same with spirits, where a whiskey that’s “distilled and bottled by” the producer is the real deal. “Distilled” trumps “produced.”

Some distillers are catholic on the issue, mixing purchased whiskey with their own spirit, as Brendan Moylan does with his bourbon at Moylan’s Distilling in Petaluma. In Graton, Purple Wine & Spirits is quietly amassing both purchased and house-made hooch. Although Moylan’s is among Sonoma County’s oldest distilleries, it is also run a bit under the radar.

Not so Sonoma County Distilling Company of Rohnert Park, which is stepping out with a tasting set of its “West of Kentucky” bourbons in 200-milliliter bottles that boldly declares, “This is California’s bourbon.” Savvy marketing and making an appeal to both regional identity and small-batch, craft production? Check and check—and all true to their word. Cheers to that.

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GRAIN DRAIN

Bohemian staffers blind-tasted these whiskeys one-quarter ounce at a time—it’s important to maintain focus when conducting a whiskey tasting. Our clear favorite just happens to fall first on this otherwise alphabetical list:

Alley 6 Craft Distillery

Rye The “spice” characteristic of rye is expressed with a smoky quality here, while the wee hint of plaster may be familiar to Scotch whisky fans. Apple-pie spice and orange peel add charm on the nose, and the winning finish balances malty sweetness with ashy dryness. No doubt, 22 percent malted aromatic barley in the list of ingredients contributes to this appealing whiskey, which is aged only one year in the standard regimen of charred oak barrels, but surely there’s something of that unquantifiable distillery magic at play here.

Single Malt Maybe my favorite, on second tasting—the third, too. While an agave note reminded some Bohos of good tequila, the cookie-dough-in-a-glass goodness here is headed in the direction of Glenrothes.

Griffo Distillery

Stony Point Made from organic corn and rye, and aged in American and French oak, this hits herbal high notes of anise and dry hay. Patience reveals a sweet center of orange-spiced black tea.

Moylan’s Distilling Co.

American Single-Malt Finished in orange brandy barrels, this comes regular and cask-strength (58.7 percent alcohol). While it nearly torched Boho palates, its malt and oak flavors meld better with the orange, to my taste, when poured over ice.

Bourbon Cask-Strength Bohos picked up on the sweet, caramelized oak and corn character of this bourbon, which is a blend of outsourced and house-made spirit, and also benefits from a ice cube or two.

Sonoma County Distilling Co.

Cherrywood Rye The suggestion of cherry liqueur is more alluring than in the smoked bourbon, while the finish seems to be smoking, still.

Sonoma Rye Minty, piney—Christmas tree?

West of Kentucky No. 1 Cherrywood Smoked Bourbon Amber-hued, cinnamon and wood ash–scented, this dry spirit is more Highland whisky than the standard bourbon fare; No. 2 Wheated Bourbon Whiskey blends an intoxicating perfume of wheat berry with cotton candy and kettle corn notes; No. 3 High-Rye Bourbon Whiskey adds spice.

Spirit Works Distillery

Straight Rye Draws the nose in with sweet hints of cream soda and caramel, only to spike it with woodsy spice. But this ultimately mellow rye gained acclaim around the table for its “zero bite” finish.

Straight Wheat Showing roasted celery seed and lemon peel notes, this whiskey is delicately wood-spiced after a two-year sojourn in charred barrels.—J.K.

DEA on Arrival?

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When downstate Democratic congressman Ted Lieu introduced an amendment earlier this year to slash funds sent to the Drug Enforcement Administration devoted to cannabis eradication, he had Colorado in mind more than California.

Lieu, a frequent and outspoken critic of President Donald J. Trump on a range of issues, offered his budget amendment to address
“a pretty idiotic scenario” in Colorado, says Lieu’s chief of staff, Marc Cevasco.

“You have taxpayers who are paying to fund two sides of a battle over marijuana,” says Cevasco, as the legalization-leader state of Colorado angles to reap a pot-tax bonanza even as the federal government has set out to kill the very plant that would contribute to the state tax coffers.

Trump, says Cevasco, has ceded the question of a cannabis crackdown to Attorney General Jeff Sessions, “and [Sessions] has been kind of militant about it, and it seem like it’s getting worse and not better.”

The enforcement-agencies-at-odds dynamic plays out in Lieu’s home state, too, and highlights a harvest season irony in the post–Proposition 64 era in a state where pot politics and eradication priorities are decidedly in flux: counties in California continue to accept DEA eradication monies, but now it’s to help support the California push on legalization—even as the DEA is committed to holding up a federal ban on medical and recreational cannabis use.

Huh? The success of Proposition 64, which legalized recreational use of cannabis for Californians and will be fully implemented in 2018, is predicated on a robust law enforcement eradication of black market cannabis in the state. Counties from Sonoma to Siskiyou continue to accept DEA funds devoted to eradicating cannabis, even as the state as a whole has legalized a plant that remains illicit under federal law. Recently, the DEA was a lead agency in a series of Sacramento raids in July that yielded 7,500 illegal plants grown indoors, plus some weapons, as reported by the Sacramento Bee.

Is the DEA’s presence in California actually helping the state clear out its illegal grows to make way for legalization?

“It’s a fair point, an interesting development,” says Cevasco with a laugh about the federal-state push-pull. “In an ideal scenario, we’d all be rowing in the same direction. If the DEA is actually assisting the state of California to set up a legal marketplace, the congressman would approve of that. In a weird, ironic way, this is kind of divine justice.”

Lieu’s amendment sought to extract $16 million in cannabis eradication funds, says Cevasco, out of a Department of Justice budget that comes in at around $300 million annually.

Cevasco says that while Lieu’s effort was essentially a symbolic exercise in futility—given the DOJ’s discretion in how it spends its budget—his amendment did pass the House with support from liberal Democrats and right-leaning, self-identified “strict constitutionalists” as well. He says it’s “a strange alliance,” that has yielded some nonbinding victories for pro-cannabis constituents.

“The goal is to defund the cannabis-eradication programs,” he says of the Lieu amendment, which passed with support from House Speaker Paul Ryan, R-Wisconsin, and Cevasco says that in the best available light, the effort may build some momentum for next year’s budget fight—which will take place after California has launched full-throttle into legal cannabis.

But eradication of the black market is a key piece to a successful rollout of legalization in California—even as the black market will likely continue to feed the cannabis-consuming beast that is most of the United States. Generally speaking, in order for legalization to work, the price of legal cannabis can’t be higher than black market cannabis, for the simple reason that people will buy cheaper weed when they can.

State lawmakers, such as Mike McGuire, D-Healdsburg, who has supported the thrust of Proposition 64, have also pushed for an end to outlaw grows. McGuire has many such grows in his district, which comprises the Emerald Triangle. The illicit grows pop up on occasion along the banks of creeks that support endangered species, most notably the coho salmon and steelhead.

A spin through recent eradication-related headlines reveals a lot of cross-agency black-market eradication efforts going on in the region.

• The AP reported in mid-August on a series of raids in Calaveras County that yielded 27,000 plants, conducted by state and county environmental offices, the California Highway Patrol and the National Guard.

• A July raid in Willits yielded 2,400 plants, reported the Ukiah Daily Journal, and was conducted by county officials and the federal Bureau of Indian Affairs.

• A July raid in Lassen County yielded 1,600 plants and was conducted by local law enforcement, California Department of Fish and Wildlife officials, and agents of the U.S. Bureau of Land Management and the U.S. Forest Service. Fish and Wildlife officials told the Lassen County Times that the raid was undertaken in part because the grow sites were in direct violation of environmental cannabis code set out in Proposition 64.

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• According to the California Statewide Law Enforcement Association, a June 2017 raid on an illegal grow site in Sonoma County’s Jack London State Park was undertaken by the CDFW and state parks officials who used a helicopter to help eradicate 7,566 plants, a weapon, fertilizer and pesticides.

The June raid in Jack London State Park was undertaken without assistance from the Sonoma County Sheriff’s Office (SCSO).

Interim Sonoma County Sheriff Rob Giordano says that the new legal regime has meant the end of large-scale, county-driven eradication efforts.

“We’re out of the cannabis business,” he says.

Giordano stressed that the SCSO would always be involved in unsavory aspects of the drug trade—murders, robberies, illegal weapons, home invasions. He says that as the county eases off from raiding local grows, local cannabis enforcement efforts will fall to the county’s Permit and Resource Management Department, the code enforcement department charged with overseeing the county’s legalization rollout.

Giordano also noted that Sonoma County cut some
$5 million in the sheriff’s office budget this year, which trickled down to a nearly $800,000 cut to the budget for the sheriff’s narcotics unit which has been historically tagged with the responsibility to eradicate illegal cannabis grows. “The real landscape change [for SCSO],” he says, “is the $5 million lost and the fact that cannabis is now legal.”

In past years, the SCSO has received grants from the DEA’s Domestic Cannabis Eradication/Suppression program. The department received a $40,000 grant from the DEA in 2016–17 to offset costs associated with eradication, such as deputy overtime and aircraft rental, according to county documents explaining the program.

That grant ran out as of Sept. 30. The DEA program was cut in 2015, and those cuts tracked through to Sonoma County, which received $120,000 in 2015 but only $40,000 in 2016 and again in 2017. The majority (58 percent) of the 2016 grant was used to offset overtime expenditures; another 28 percent paid for aerial surveillance.

The total DEA eradication budget in 2016 dedicated to California was $4.3 million, reports attorney Robert McVay, a contributor to the Canna Law Blog—a huge sum compared to what was sent to Washington and Oregon that year ($760,000 and $200,000, respectively).

According to a Sonoma County report prepared by the clerk of the board, much of the local eradication action undertaken by the SCSO has recently been devoted to indoor grows. “There was a 463 percent increase over the previous year in eradication of indoor plants by the sheriff’s office, due to the shift toward smaller, indoor growing operations versus large, remote open spaces,” the report says. The DEA funds “provide additional resources to disrupt small ‘residential’ grows,” in addition to the big outdoor grows.

California has its own marijuana eradication unit, the California Department of Justice’s Campaign Against Marijuana Planting (CAMP). The task force partners with local, state and federal agencies to eradicate cannabis on private and public land that endangers public safety and the environment. The California Department of Justice’s office didn’t respond to questions about CAMP in time for the Bohemian deadline.

Inge Lundegaard is the cannabis point person for Marin County, which unlike Sonoma County, hasn’t fully embraced legalization and its potential for local business and tax bonanzas. As it awaits the legal rollout in 2018, Marin County has nixed medical dispensary storefronts and is now considering a delivery-only medical cannabis ordinance.

The county, with its vast western lands of various state, federal and local provenance, has had a historical problem with illegal grows on public lands, but Lundegaard says the county hasn’t busted a big grow on public lands since 2015, when Marin County deputies liaised with CAMP to eradicate an illegal grow site in the Lucas Valley Open Space Preserve.

As the North Bay plunges headlong into its final harvest season before legalization, Lundegaard says the Marin County Sheriff’s Office is “not aware of any illegal grows,” but the county is starting discussions around Proposition 64.

The question in Marin, she says, is whether the pivot to legalization will mean an increase or a decrease in illegal grows in the county.

In the meantime, Lundegaard says that the sheriff’s office work is focused on “responding to large grows and trying to deal with the cooperative collective model, which will become illegal and get phased out once the state starts licensing.”

For now, the operative word when it comes to future eradications large and small is uncertainty. The devil will be in the code-enforcement details in Marin County, where medical cannabis users and caregivers are allowed to grow their plants outdoors but adult-recreational users will be forbidden from doing the same.

So how will the county figure out who’s who in order to eradicate the adult-use outdoor grows? That’s an open question, Lundegaard says.

There are many more where that came from.

Bumper Crop

Sonoma County’s fields are alive with the stimulating wafts of ripening ganja. Paired with the tinge of newly fermented grapes and the smell of the final autumnal blooms of medicinal plants and herbs, there is much to be thankful for.

Among the decades-old tradition of harvesting cannabis, this year is one for the ages. Never has California witnessed such abundance. And this is before outdoor harvest even commences. Situation: legendary.

The mass media is currently broadcasting this phenomena as a problem, as if they doubt our consumptive prowess (little do they know). Talking heads who purport to represent cultivators are spouting embellished fictions of diversion to the black market, proverbially tossing cannabis culture under the bus, except the bus is named Furthur and it floats. Additionally, there are even reports of calls for the cannabis community to slow down and cultivate less.

To this, I declare, cannabis is a profound therapeutic plant. There are nearly 8 billion human endocannabinoid systems, and by fine-tuning these systems with cannabis as a catalyst for short- and long-term benefit, the homeostatic and balancing abilities of the system can be realized, increasing our own autonomy over our health and wellbeing.

That leaves us with the question: what are we to do with all of this cannabis?

First and foremost, actualize the compassion inherent in Proposition 215 and gift it away to all that have a need for it. Medical cannabis is to be shared with all. It has the power to alleviate stress and dampen anxiety, and, in these bizarre and tense times, is not to be denied to anyone, especially due to economic reasons.

Second, make it into medicine—cannabis extracts, alcohol-based tinctures, oil infusions, edibles, juice, and topicals. Bath with it, decoct it into teas and even use the roots. Instructions and recipes can be found in your local cafes, farmers markets, apothecaries, bookstores and on the web.

Third, age your flowers. Taking a page from wine culture, learn and embrace curing and preservation techniques. The legendary breeder DJ Short, the one who unveiled the Blueberry chemovar, does not smoke his cannabis until aged for at least two to three years.

Forth, and perpetually, celebrate the bounty. Cannabis is in fact the largest underground agrarian movement of all time. Northern California is the nucleus of the transmission. Feel confident as the broadcasters of the harvest like none other.

Patrick Anderson is a lead educator for Project CBD.

Field Days

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I’ve lived through 36 marijuana harvests and have written about them since 1980. Thirty-six might sound like a lot, though friends who grew pot in the Summer of Love and who are still growing would likely disagree.

During the harvest of 1981, my first, I knew everyone in my neck of the woods who was growing. Now, nearly everyone is growing and it’s not possible to know all of them. Back then, no one had a trimming machine, though helicopters flew overhead daily during the harvest and farmers never knew if they’d get busted or not. In 2017, only the guys growing an acre or more will be busted, unless they do something stupid like offend their law-and-order neighbors. A lot of the outlaw mentality has gone up in smoke, along with old-fashioned joints. Today, no one is getting $4,000 a pound, as they did, say, 20 years ago, unless they’re driving weed to West Virginia. Still, some things haven’t changed.

Farmers old and young talk about harvests continually. There’s nothing like them. No farmer has an attachment to any crop as intense as a pot farmer has to his crop of choice. Some of that is financial. The other day, with a couple of thousand marijuana plants blooming all around him, the foreman at a local, organic farm dreamed about “Benjamin Franklins.”

The man who invented the Franklin stove and bifocals and whose face graces $100 bills probably would love the outdoor California marijuana harvest that begins in August and runs until November, weather, cops, mold and thieves permitting. At the start of August, the foreman, who was already counting his Franklins, had started to carry a rifle, though he’s a peaceful fellow.

The CEO of the company that owns the land, and who was short of cash, borrowed $100,000 at 20 percent interest to get through the season from a man who specialized in under-the-table loans to pot farmers. The crew—a group of guys who smoke marijuana and cigarettes, and who have wives, girlfriends and kids—began to worry about the harvest two months before it started.

“When would it begin?” “How long would it last?”

The foreman and his assistant—who knows nearly everything about cultivation—told the crew they had no answers. Until the harvest is over, the crop cured, trimmed and processed, there are few if any guarantees. The investor might lose his money and the whole crew might go to jail. They were gamblers who went home every afternoon and came back the next morning ready for the next throw of the dice. The foreman, his assistant and a watchdog slept on the property and kept a close eye on the crop.

Month after month, the guys watered and fertilized and staked the plants so the branches wouldn’t break under the weight of the flowers. Often up at 5am, they sometimes worked 12 hours a day, six days a week. You might call them pot proletarians or agrarian outlaws. I just call them “guys.” They kept their time cards up to date and collected their wages in cash on Fridays after 5pm from a man I call Mr. Tattoo who showed up in a tiny car with his uncommonly attractive and very savvy girlfriend and then dispensed free dabs. Mr. Tattoo estimated that it cost $296 to grow a pound of marijuana and that it would sell for $1,000. The price was falling rapidly. Some would be happy with $700.

The guys wanted to follow the solar eclipse and couldn’t because the sky was overcast. They watched the Mayweather/McGregor fight on pay per view, ate pizza they made in a pizza oven, smoked dabs and drank Lagunitas IPA that they complained was inferior now that Heineken owned the company.

The foreman’s girlfriend also watched the fight: one woman among six guys. The assistant told a story about a friend who fronted 30 pounds to a dealer who wrecked the vehicle in which he was transporting the weed, then borrowed a truck from a hunter in the woods, retrieved the pot and fled. Most, though not all, grower stories have happy endings. One crewmember lamented the heroin epidemic on the North Coast and the “low-life people that the industry attracted these days.”

Near the end of summer, the CEO drew up plans for the harvest. Last year, he had no plan; it was chaotic in the field and in the warehouse where trimming took place. It also rained and ruined much of the crop, though as of Sept. 1, the CEO had 600 pounds from 2016. Pot-rich and land-rich, he didn’t have money in the bank. He survived a decade without a business account.

The guys knew about police raids and confiscated crops that helped to reduce supply and jack up the price per pound. It was hard not to think about the worst, though everyone, from the foreman down to the newest, youngest field worker, slept well at night, thanks in part to the marijuana they smoked. On the night of the last day of summer, someone stole six plants. From then on, the crew was hyper-vigilant.

“I hope we all have the luck of the devil,” said one of the guys wearing a Stephen Curry T-shirt.

I looked at him and at the plants in the ground. Then I thought about the Benjamin Franklins and the tons of weed, grown all over northern California that would travel across the Golden Gate Bridge and then around the world, even as dreamers and adventurers from Europe, Asia and Latin America still rushed in to grow a crop and make a fortune.

Jonah Raskin is the author of ‘Marijuanaland: Dispatches from an American War.’

Juke Joint

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It’s a recent and rising staple of the modern American musical: the “jukebox biography.”

As the term implies, it’s part jukebox musical—a common term for any show built from existing tunes that are usually part of one artist or one genre’s existing catalogue of songs—and part biography. Popular recent examples include 2005’s Jersey Boys, 2013’s A Night with Janis Joplin, and 2013’s Beautiful: The Carol King Musical, each telling the true story of a famous musician or group, using that musician’s own songs as part of the tale.

All three examples have had Broadway runs and successful touring productions. Joplin has been the subject of two jukebox biographies, including 2001’s off-Broadway Love, Janis.

The new kid on the block—already extended in its debut run and certain to end up on Broadway within a year or so—is Berkeley Repertory Theater’s exhilarating and dazzling (and somewhat overstuffed and overlong) Ain’t Too Proud: The Life and Times of the Temptations.

Written by Dominique Morisseau (The Detroit Projects), produced by the hit-making team of Ira Pittelman and Tom Hulce (Spring Awakening, American Idiot), and directed by Des McAnuff (the director of the original Jersey Boys), the show was clearly designed to achieve maximum popular impact and Broadway-and-beyond momentum.

Fueled by a legendary list of songs recorded by the Temptations (“My Girl,” “Ain’t Too Proud to Beg,” “Just My Imagination,” “Papa Was a Rollin’ Stone”), the large Berkeley Rep cast is packed with scene-stealing performers, frequently joining voices or taking solo turns delivering one show-stopping Temptations number after another.

Based on the autobiography of founding member Otis Williams (played brilliantly by Derrick Baskin), the story presents Williams’ perspective over the last 58 years, during which the group has had 24 regular members. The revolving-door nature of the band’s history gives the plot less of an arc than a list of names and personality characteristics, but with performers this talented singing songs this good, the play rises high above its detailed but rather perfunctory storytelling.

The actual “story” of Motown’s mighty Temptations may not be particularly dramatic, but it’s the gloriously recreated music, and those amazing Temptations dance moves that are already making audiences beg for more.

Rating (out of 5): ★★★★

High Time

Sonoma County’s case in defense of sheriff’s deputy Sgt. Erick Gelhaus against the Andy Lopez wrongful-death suit has now failed in two appeals to higher courts.

The latest came last week from the 9th Circuit Court of Appeals, which found powerful evidence that “Andy did not pose an immediate threat to law enforcement officials and therefore the law was clearly established at the time of the shooting that Gelhaus’ conduct was unconstitutional.” Gelhaus has already said under oath that he did not know if the gun Andy was holding was pointing at him or even coming up to point at him.

Just two months before, Gelhaus had instigated another troubling incident. After pulling over a motorist for failing to signal a lane change, he approached the driver, Jeff Westbrook, 60, and immediately drew his weapon. Westbrook found Gelhaus’ agitated demeanor highly disturbing and, with his arms up in the air, asked, “Sir, is there something wrong with you?”

“I felt like I was watching somebody I needed to help,” he said later. The sheriff’s office did not follow up with Westbrook’s report of the incident.

Mr. Gelhaus was an infantry squad leader in Iraq in 2005. There are many accounts of veterans returning from combat in Afghanistan and Iraq with PTSD symptoms that include hypervigilance, irritability, aggressive and reckless behavior, and exaggerated startle response.

Marylou Hillberg, a criminal defense attorney and member of the Criminal Justice Act panel in California’s Eastern District, says that Sonoma County has few options. She says a rehearing with the 9th Circuit has less than a 2 percent chance of being accepted, and filing to the Supreme Court would “really be pissing away taxpayer money on attorney fees, as this isn’t a case the supremes would take on or should take on.”

If the case goes to trial, defense costs would be exorbitant, she says. The county has already spent or committed nearly $2.5 million taxpayer dollars for outside attorneys in an effort to kill the Lopez case.

It’s high time to stop throwing away good money after bad! Reason demands that the county bring about an immediate and fair settlement with the Lopez family so that the fourth anniversary of Andy’s death, coming up on Oct. 22, won’t be more of the same, but rather just might herald the first light of justice in this tragedy.

Kathleen Finigan is an activist and founding member of the Police Brutality Coalition and active in the Community Action Coalition.

Santa Rosa Toy Con Is A Smashing Success

Star Wars storm troopers, Marvel and DC superheroes, pirates, ninjas and other colorful characters took over the Sonoma County Fairgrounds for the fifth annual Santa Rosa Toy & Comic Con, which celebrated its biggest year yet with an estimated 7,500 attendees and lots of special guests on Saturday, Sept 23.

Stepping into the fairgrounds’ Grace Pavilion, fans of all ages were greeted to dozens of vendors specializing in collectible figures and playsets, vintage comic book collections and other nerdy paraphernalia. Collectors got their hands on both old-school toys, like original Mattel action figures from the 1977 Star Wars, as well as the latest in toy trends like the art big-headed Pop! figures from Funko.

Other booths included Petaluma-based Famous Monsters of Filmland Magazine, and Santa Rosa’s CULT Film Series, giving horror and movie geeks a thrill. Several independent artists and comic book writers were also on hand to show off their original art and self-published or small press works.

There were a few vendors also selling amazing hand-crafted props, costumes and armor for those interested in cosplay, in which fans dress as their favorite fictional characters, and LARPing (live action role playing), in which players dress in costume and wield foam weapons in fun.

Anyone unfamiliar with LARPing got the chance to see for themselves with supervised exhibitions in Shade Park behind the Grace Pavilion, and the fairgrounds’ Hall of Flowers held interactive art demos and card-playing stations. This year’s con also included a high-flying pro wrestling show from the folks at Petaluma’s Phoenix Pro Wrestling and Sacramento’s Supreme Pro Wrestling.

Last, but far from least, the showcase cafe next to the fairgrounds’ racing grandstands held several intimate panel discussions featuring special guests like actors Walter Koenig and Nichelle Nichols, two of the original cast members of “Star Trek,” who spoke with the attentive crowds about their respective 50-year careers and indulged fans with autographs and photos after their panels.

Packed with families and filled with positive vibes, the Santa Rosa Toy & Comic Con succeeded with shared passions coming together for infectious fun. Anyone who missed out this year should head over to Santa Rosa’s Batcave Comics & Toys Shop, run by toy con founder Mike Holbrook and equally impressive in it’s collection of classic toys and comic books. Holbrook promises the toy con will continue to grow bigger and better when it returns in 2018.

Breaking: Ninth Circuit Court of Appeals rules against Sonoma County in Andy Lopez federal lawsuit

A three-judge panel of the United States Court of Appeals for the Ninth Circuit ruled today that the Oct. 22, 2013 shooting of Andy Lopez by a Sonoma County Sheriff’s Office deputy may have been an unconstitutional abridgment of Lopez’ rights, as it ruled against an appeal filed by Sonoma County and lawyers for the officer.

In its ruling, the panel sent the case back to the lower U.S. District Court and called for a jury trial to determine whether officer Erick Gelhaus should be entitled to qualified immunity in the ongoing federal civil rights lawsuit that followed the shooting. Lopez was 13 at the time of his death. As the court reiterated in its summary of the facts, Lopez was shot and killed on Moorland Avenue in Santa Rosa while carrying a plastic replica of an AK-47 with its bright-orange tip removed. He was also carrying a replica handgun.

Gelhaus remains an officer with SCSO as the case moves to a next and uncertain phase. For now, the ruling represents a rebuke to the Sonoma County Counsel’s office (despite the fact that the court was not unanimous in its decision).

The Ninth Circuit court issued its opinion after defense lawyers appealed an earlier ruling in the Lopez family’s suit against Gelhaus and Sonoma County. In their appeal of the lower U.S. District Court’s ruling, the county argued that the shooting was justified—and that because it was justified, Gelhaus ought to be entitled to qualified immunity in the proceedings.

In January, District Court Judge Phyllis Hamilton rejected a county request for a summary judgment to dismiss the federal suit. She said it was an open question whether the shooting was justified, as she ruled against the county, which prompted the appeal.

The three-judge Pasadena circuit court heard the case on May 10, and two of the three judges essentially made the same observation that Hamilton did: “Defendants have not established that Andy actually threatened the officers with the rifle that he was holding.”

And today the appeals court ruled 2-1 that a decision over qualified immunity should be made by a jury—given that there are facts about the incident that are in question and ought to be sorted out by a citizen panel.

Judge Clifford Wallace, an appointee of U.S. President Richard M. Nixon, dissented from Richard Clifton and Milan Smith, both of whom were appointed by George W. Bush; Smith wrote the opinion. The 71-page ruling was issued this morning; what follows is a key summary paragraph that lays out the court’s majority view finding that a jury could rule that Lopez’ civil rights were violated in the shooting.

Emphasis added, since it’s critical to understand that the appeals court did not rule that Lopez’ civil rights were violated. As the judges noted during the hearing and in today’s opinion, the court’s role in this proceeding was to view the facts most favorable to the plaintiff (since Lopez was obviously not able to present those facts himself), and then make a determination whether there were outstanding questions that only a jury could resolve.

The opinion reads, in part, “Gelhaus deployed deadly force while Andy was standing on the sidewalk holding a gun that was pointed down at the ground. Gelhaus also shot Andy without having warned Andy that such force would be used, and without observing any aggressive behavior. Pursuant to Graham v. Connor, 490 U.S. 386 (1989), a reasonable jury could find that Gelhaus’s use of deadly force was not objectively reasonable.

“The panel further held that taking the facts as it was required to do on interlocutory appeal, Andy did not pose an immediate threat to law enforcement officials and therefore the law was clearly established at the time of the shooting that Gelhaus conduct was unconstitutional. The panel held that ultimately, Gelhaus entitlement to qualified immunity depended on disputed facts that needed to be resolved by a jury, and the panel therefore remanded the case for trial.”

Translated, the court’s ruling means that the suit, Estate of Andy Lopez v. Erick Gelhaus; County of Sonoma, has been sent back to the United States District Court for the Northern District of California, in Oakland, where (absent a cash settlement between the county and the Lopez family) a civilian jury would be be charged with sorting out the details of the officer-involved shooting incident.

A jury trial could represent another big-ticket budget item for Sonoma County, which has already dedicated more than $2 million to fight against the Lopez suit—and is so far 0-2 in court for all the money spent.

Repercussions from the shooting continue to bedevil Sonoma County and Santa Rosa as the SCSO has struggled to gain the trust of local Latino and police accountability groups outraged by the 2013 shooting. Former Sonoma County Sheriff Steve Freitas, citing health concerns, retired from his post this summer as local activists set organized a recall election to remove him from office over support for Gelhaus, which include Freitas promoting him to sergeant in 2016.

Anxious for a “healing moment” and to move on from the Lopez shooting, Sonoma County officials now have to decide whether to appeal this Ninth Circuit Court decision, deploy further taxpayer dollars to defend Gelhaus and the county before a citizen jury at the U.S. District Court, or cut its losses and settle with the Lopez family.

Should the county choose the appeal route, the next step could be the United State Supreme Court. A more likely route, should the county chose the appeals option, is for county lawyers to ask for a re-hearing at the Ninth and seek a favorable “en banc” ruling where a panel of eleven judges would issue its opinion.

Sept. 21: Musical Destination in Napa Valley

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Napa Valley Wine Train’s inaugural ‘Rock the Rails’ concert series is midway through a season of dynamic live performances paired with a round-trip tour aboard the train to a rotating winery venue. This month, the series moves to Grgich Hills Estate and presents superstar Sheila E in concert. The Bay Area native and acclaimed singer and percussionist is fresh off the release of her new soul-pop album, Iconic: Message 4 America. Opening the show is Juan and Peter Michael Escovedo’s All Star Band—Sheila E’s brothers. Dinner aboard the train sets the mood on Thursday, Sept. 21, at Wine Train station, 1275 McKinstry St., Napa. 5pm. $99 and up; $79 for concert only. winetrain.com.

Sept. 22: Imagine History in Napa

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Napa-based artist, author and Notre Dame de Namur University instructor Rick Deragon’s new book, ‘Fire in the Year of Four Emperors,’ may be a work of fiction, but its attention to detail and densely layered political intrigue is so spot-on that it makes the story—about four Roman generals vying for power in the year 69 A.D.—feel like it really happened. Published this summer, Fire in the Year’s vividly realized characters experience a sprawling scope of adventures that hooks the reader and sets the table for a larger saga. Deragon reads from Fire in the Year of Four Emperors on Friday, Sept. 22, at Napa Bookmine, 964 Pearl St., Napa. 6pm. Free. 707.733.3199.

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High Time

Sonoma County's case in defense of sheriff's deputy Sgt. Erick Gelhaus against the Andy Lopez wrongful-death suit has now failed in two appeals to higher courts. The latest came last week from the 9th Circuit Court of Appeals, which found powerful evidence that "Andy did not pose an immediate threat to law enforcement officials and therefore the law was clearly...

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Breaking: Ninth Circuit Court of Appeals rules against Sonoma County in Andy Lopez federal lawsuit

A three-judge panel of the United States Court of Appeals for the Ninth Circuit ruled today that the Oct. 22, 2013 shooting of Andy Lopez by a Sonoma County Sheriff’s Office deputy may have been an unconstitutional abridgment of Lopez’ rights, as it ruled against an appeal filed by Sonoma County and lawyers for the officer. In its ruling, the...

Sept. 21: Musical Destination in Napa Valley

Napa Valley Wine Train’s inaugural ‘Rock the Rails’ concert series is midway through a season of dynamic live performances paired with a round-trip tour aboard the train to a rotating winery venue. This month, the series moves to Grgich Hills Estate and presents superstar Sheila E in concert. The Bay Area native and acclaimed singer and percussionist is fresh...

Sept. 22: Imagine History in Napa

Napa-based artist, author and Notre Dame de Namur University instructor Rick Deragon’s new book, ‘Fire in the Year of Four Emperors,’ may be a work of fiction, but its attention to detail and densely layered political intrigue is so spot-on that it makes the story—about four Roman generals vying for power in the year 69 A.D.—feel like it really...
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