FARMER AIMS TO STAY D.A.

In the midst of his fourth contested election campaign, Humboldt
County District Attorney Terry Fanner is running against Eureka
defence lawyer Paul Gallegos to continue a job he says loves for its
challenges and never-ending political and legislative twists.

Farmer; who's aiming for a sixth term, took office in the mid-'80s and
is one of the state's most firmly rooted district attorneys. He's
rolled with constantly changing political and legal tides, often
making decisions that spark second-guessing and criticism.

He says he expects that, and he's well aware of the county's unique
political, environmental and cultural character. But he holds that his
job is geared to objective legal interpretation.

"The essence of the legal system, particularly the trial system, is
adversarial," Farmer said. " And yes, we make important decisions, and
it's not unusual at all for one group of people not to like those
decisions I because they're adversely affected by them.

And that happens on a daily basis." Farmer used a quote from the
movie The Godfather- "It's not personal, it's, business" -to describe
his approach. "Number one, we follow the law. And that has to be the
guidepost. Lf you're arrested for drunk driving and the facts of your
case show you've violated the law, I we're going to prosecute you. And
yes, that may cause you discomfort. You may even be my friend -- I've
had that happen, when close personal friends or political supporters
are prosecuted and our response to that is we're sorry you're in this
situation, but " its not personal, its business."

Black market in white clothing?

In a county where marijuana use and, cultivation is a
diplomatically-under-stated way of life, interpretation of the state's
medical marijuana law is a hot button, and one that Gallegos is
pushing. He's not the only that's saying Farmer's interfering with the
intent of Proposition 215 by using an amount limit (10 plants or two
pounds of dried cannabis per patient) as a prosecution guide-line in
medical cases.

Farmer is up front in characterizing his limit guidelines as
"arbitrary." He's not a doctor, he continued, and doesn't want to
define how much a sick person needs. But he also said that "most of
the people who are advocating for more just want to smoke dope."

Federal law, recently clarified in a landmark Supreme Court case,
holds that any amount of cultivation is a crime. Farmer said that as a
state prosecutor, his allegiance is to state law. Sheriff Dennis is
has strongly reiterated his position allegiance to federal law, and
Gallegos is with patients who say the law is being obstructed by legal
interpretations severing the pre-215 status quo. Farmer said he wants
to insure that eligible patients have medicine, but he I wants to
squash the ability to grow cannabis to satisfy the black market.

"I understand the philosophy behind position 215, but it was a
terribly worded measure. The basic premise behind it is something I
have no quarrel with at all and I think it's part of my responsibility
to look for ways to insure that seriously ill people -- which is the
phrase used in the initiative -- who have legitimate recommendation
from their physician have access to it."

Farmer said his office works with the County Health Department, which
reviews recommendations and administrates, a patient I.D. card
program. He cites his endorsement from Arcata's Humboldt Patient
Resource Center as a demonstration of his desire to accommodate
medical use.

But he's wary of those who he says ant to use 215 as an end run around
laws against black market distribution.

"(215) has been used by people who used to be called 'dope growers' to
try ld re-cast themselves as medical providers -and we're going to
look behind that. If they're trying to use a law that was designed to
benefit seriously ill people to do what they've always wanted do
- -which is illegal -we have an obligation to stop them."

APD, Answerable to their community'

Arcata Police Chief Chris Gallagher has repeatedly said he'll refer to
Farmer's guidelines in approaching marijuana investigations. Recent
pot busts in Arcata lave given some residents cause to wonder if
Gallagher is pursuing a different strategy than his predecessor, the
near-universally admired Mel Brown.

Farmer said his attitude on Arcata hasn't changed -he'll leave room
for Gallagher to address marijuana law based on what the City Council
and the community wants.

"The district attorney is not the boss of the police chief, and the
district attorney is not the boss of the sheriff," Farmer continued.
"In this area of 215, there are a variety of responses that can be
given from the enforcement side, and all of them can be supported .
they're answerable to their community. My responsibility is to advise
them what we will prosecute. The policy of Arcata is not he policy
of Fortuna, which is not the policy of Eureka, which is not the policy
of the county. And that's all okay -- all of them are operating
within the law as they interpret it."

To those who say marijuana ought to be legalized, Farmer holds that
they're into a concept that's worthy of discussion. There's much
that's said in that debate that I agree with - but the remedy is to
change the law. Don't blame law enforcement, don't blame the district
attorney for enforcing laws as they're written and interpreting them
in a reasonable, common sense manner - and in a way that doesn't allow
you to do what you want to do, that s, something illegal."

Have the county's marijuana enforcement policies had any appreciable
effect? "I was in this county when the marijuana industry was much
more wide open than it is now," said Fanner. "I analogize the
situation then to Chicago during prohibition ...I remember people
getting killed and we have an unsolved case in Southern Humboldt right
now that nobody wants to talk about. Not doing anything n the face of
illegality of marijuana has significant adverse consequences to the
people of this county -there will be a lawless mentality, the bad guys
will move in and we'll have these range wars."

Farmer added that if the feds perceive his office is being too laid
back in en-forcing marijuana laws, they'll move in and enforce them
more zealously.

The meth problem Methamphetamine is Farmer's drug enforcement
priority. "I've said from day one, marijuana may be an economic
problem in the county, but our drug prob lem is meth."

Farmer said he wants to continue to mix "aggressive prosecution"
against meth with prevention and treatment strategies. His office
works with other community and governmental groups in the Speed
Education and Prevention Network, which is "trying to amp up public
awareness of the problems that meth causes."

Meth cases have, in fact, made up a lion 's share of referrals for
Proposition 36, the law that allows treatment to be substituted for
jail time. Farmer said he agrees with the philosophy behind the law
(that first time drug offenders should have treatment options versus
jail) but is critical of how the proposition is written.

Farmer thinks "people who are caught up in the addiction cycle need a
stick to encourage them to address their addiction" He doesn't like
the law's absence of funding for drug testing and said that "you have
to have mechanisms that hold out alternatives that are less favourable
than treatment ...if people aren't facing adverse consequences,
they're going to stay with their habit."

Meth enforcement is one area that Farmer views as a well-defined
mandate of community will. Preventing and responding to violent crime,
he continued, is his office's most important responsibility.

"Murder, rape, child abuse ...all of those are the top priorities of
this office and have been all the years that I've been in office."
Farmer cited the quality of his staff as a demonstration of commitment
to trying serious cases.

"It has always been our goal and priority to make sure that this
theoretical abstract of devoting the most resources to the most
serious cases is a reality," Farmer continued. He said it's carried
out through training prosecutors, and "providing them with the support
and the back-up that allows them to go to court, and succeed -and our
track record speaks for itself on that."

Farmer said that his homicide investigators start their work the, same
time police do, "When a body IS discovered In this county, we want the
law enforcement agency to notify us right now, so we can respond to
the scene with investigators, assign the case to an attorney who can i
work with them to develop a prosecution that's going hold those
responsible to the greatest extent the law allows."

Child abuse is another priority. Farmer calls attention to "a very
experienced, competent staff of attorneys" in his office's Child Abuse
Services Team (CAST), which also includes social service workers. He
said CAST has been "enormously successful in insuring that your
classic, serious child molester is put away for as long as the law
allows, and we've some cases where we've gotten triple-digit sentences."

Protest and the law

Farmer has dealt with occasional criticism alleging both the lack and
over-extent of prosecution. Illegal protest activities have led to
court cases that draw community reaction divided along ideological
lines.

Anti-logging protests have brought the county's often intense concern
over environmental degradation and its equally intense support for the
timber industry together, in old growth forests slated for
clearcutting.

The lack of charges against the logger who felled the tree that killed
David "Gypsy" Chain in 1998 has been called whitewash by those who
portray the incident as an intentional act. Farmer said his decision
not to prosecute was based on an easily-reached conclusion It there
wasn't enough evidence to justify filing charges.

"Sometimes the most controversial decisions are the easiest ones to
make," Farmer said. "That decision was not a tough one to make legally
- -- it was very clear that prosecution against anybody would not have
been successful."

Calling Chain's death a "real tragedy that never should have
happened," Farmer said the decision not to prosecute was based upon
"the law and the facts, and those who disagree with the decision want
to look at their view of the facts ignore those facts that don't jibe
with their point of view."

Farmer said the appropriate legal means handing the case has been seen
with recently-settled civil case filed by Chain 's family. "It wasn't
going to go any where as a criminal case," he continued.

Entering a logging area and trying to interfere with the work of
loggers is as dangerous as "playing hide and seek in steal mill," said
Farmer. That, he continued, is why he sought child abuse charges (that
were later downgraded in plea bargain) against a San Francisco man who
brought minors into the woods as part of a school program.

In the broader issue of logging protest Farmer said, "anybody who
feels logging is improper has a right to express themselves, but my
job comes back to the law."

Pacific Lumber Company has filed a blanket lawsuit that seeks recovery
of lost logging profits and subjects on-site activity to trespassing
charges. Farmer said that when evidence shows trespassing, charges
will be filed. He also points out that when evidence is scant -- as in
a recent case that resulted in dismissing charges against five
activists -- he'll back off.

But he says that activists "who feel it's necessary to express
themselves out-side the law give me no alternative but to respond
...my recollection of non-violent civil disobedience is that if you
feel it necessary to break the law to prove point, you also accept the
consequences of your actions. One thing I've seen in protest
situations here is that willing to break the law to make point a sure
get upset when the law does what it's supposed to do to hold them
accountable for that."

'Underhanded stuff'

The most contentious element of the election has been Gallegos'
alleged suggestion that Farmer's health is interfering with his job.

Farmer has Multiple Sclerosis, and he said that "anyone who's been
around me for anytime at all knows that I don't walk so well ... if I
was a professional soccer player, that would be a cause for concern
but fortunately I make my living with my head, not my feet."

A Times-Standard interview with Gallegos last December included
mention of Farmer's condition. It wasn't attributed to Gallegos,
however, who was quoted as saying he didn't intend to make Farmer's
health a campaign issue.

Farmer said the reporter who did the interview indicated that Gallegos
talked about his health but didn't want to be quoted. The district
attorney was "distressed at the disingenuous way (Gallegos) raised the
issue... he looked at the reporter and said, you should look into
this, but I don't want to talk about it. And that's underhanded stuff."

Gallegos has insisted that he didn't portray Farmer's health as an
issue, won't raise it and doesn't think it's worthy of newspaper ink.
He has criticized Farmer for not trying cases personally and has
underlined the importance of having a "working D.A.," but he's said
that doesn't have anything to do with Farmer's health.

Farmer doesn't hesitate to discuss it. "If (Gallegos) thinks it's an
issue, let's talk about it. If you want to relate that to going to
court and who has the most court experience, let's talk about that.
Let's talk about the cases I've prosecuted and (Gallegos) hasn't."

Farmer said he can "credibly run on the record of this office against
anybody who would choose to run against me." While he said that he
doesn't 't want to see the election become a contest of personalities,
he added that "sooner or later, I do have an opponent, who's trying to
make himself known and sooner or later somebody's going to look at his
qualifications and the reality is, he has none."

Gallegos, who's been practicing criminal defence in Eureka since the
mid-'90s, lacks the depth of experience a D.A. needs, said Farmer.

"He's never prosecuted a case and he has no prosecution experience. If
you put your ear to the ground and talk to the court-house gang about
not only who are the competent prosecutors in this office but who are
the prominent and competent defence attorneys, you're going to get
down the list pretty far before you get to his name."

Farmer added that he's in close contact with all his attorneys and the
lack of a cumbersome "administrative hierarchy" in his office is one
reason why he doesn't spend time in court. He repeatedly emphasized
the quality of his staff and portrayed his office 's work as a "team
effort. "

The most qualified candidates to succeed him are working in his
office, Farmer said.