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.
Copyright © 2007 by Bay City News, Inc. -- Republication,
Rebroadcast or any other Reuse without the express written consent
of Bay City News, Inc. is prohibited.