Jew's attorneys respond
to charges sought by Herrera

By Matt Wynkoop

July 5, 2007

Attorneys for San Francisco Supervisor Ed Jew today announced they have filed a lengthy response to City Attorney Dennis Herrera's application to begin efforts toward removing Jew from his seat on the Board of Supervisors.

The 138-page response calls Herrera's attempt misleading, flawed and of no benefit to public interest.

Jews attorneys allege that Herrera's application to pursue charges against Jew is nothing more than a "piling of unsubstantiated allegations, in concert with at least one other city department, designed to drive Supervisor Jew from office.''

Jew's lawyers said they believe there is significant proof that their client satisfied residency requirements prior to running for public office in the November 2006 election.

In his 50-page request to Attorney General Jerry Brown, Herrera reportedly points to evidence suggesting Jew did not significantly fulfill the residency requirements to run for city office.

It has been speculated that Jew rarely resided at his Sunset District home in the months leading up to his announcement of candidacy for the District 4 election.

Miniscule water usage was reportedly recorded at the home during the months leading up to the election, and neighbors rarely - if ever - saw Jew at his home.

Attorneys for Jew have said this can be attributed to the supervisor's dedication to his Chinatown flower shop, citing that he slept very little, often rising at around 3 a.m. to pick up flowers, and that he often stayed late.

Several of Jew's colleagues and neighbors reiterated during a news conference today that the supervisor frequently resided at his Sunset District home.

"I think there is strong proof that the supervisor has met (residency) requirements,'' Jew's attorney Steve Gruel told reporters this morning. "City Attorney Dennis Herrera and District Attorney Kamala Harris have elected to make this a political issue.''

Jew has allegedly had some form of presence at his Sunset District home, located at 2450 28th Ave., intermittently since around 1984, according to Gruel.

"The supervisor has a genuine, uncontested connection with 2450 28th Ave., with the intent to remain and the intent to return to his home,'' Gruel said.

Citing that Jew owns several properties, including one in Burlingame where his family and himself often reside on weekends, Jew's attorneys were adamant about the fact that the supervisor has only one "domicile'' - 2450 28th Ave.

Herrera's request to the state attorney general reportedly provides evidence in support of his effort through statements from nine neighbors in the area of Jew's Sunset District home who claim that no one lived in the home since tenants moved out in 2003, according to Jew's attorneys.

However, according to Gruel, Herrera chose to ignore witness testimony that said otherwise. Jew's attorneys are asking the attorney general to agree with their belief that information in Herrera's application be considered unreliable.

Jew's attorneys also said they don't believe he will be able to receive a fair civil trial since criminal charges have already been filed by Harris.

Mayor Gavin Newsom has reportedly been asked to delay any attempts to remove Jew from office, Gruel said. Under San Francisco law, Newsom can use the Ethics Commission and Board of Supervisors to suspend and eventually remove Jew from office.

Asked whether he believed Jew's readiness to accept $40,000 cash from businessmen concerned with city permit issues was either stupid or ill advised, Gruel said there is no law that would prevent Jew from doing business in cash, but that Jew's willingness to do so was naive.

In June, FBI agents raided Jew's City Hall office, his 28th Avenue home and his Chinatown flower shop as part of an investigation into the Jew's acceptance of the $40,000.

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