1967
The trial was getting closer and we still hadn’t met Melvin the Great. It made me nervous. I was anxious to meet Belli in person and size him up. I had done some research and his client list read like a “Who’s Who” of American celebrities. He’d represented my childhood idol, dashing Errol Flynn, who had captured my imagination as Robin Hood, robbing from the rich in Nottingham Forrest to give to the poor. Za Za Gabor, sultry German actress and 1950’s movie screen sex symbol, and even Jack Ruby, the assassin of Bobby Kennedy’s killer, had worked with Belli.
“Look guys, as soon as he returns from Rome, let’s schedule a press conference with Belli and get our case on the map.” Jerry was itching to have at it with the press.
“Sure Jerry,” I said. “Maybe we can bring Tony Curtis on board to push Belli’s movie at the same time. Add a bit more Hollywood glamour to the movement.”
A few weeks later, we stood cockily before Judge Bruin. He glared at us.
“I am issuing an order prohibiting you, your attorneys, your agents and the D.A.’s office, from discussing or disclosing what takes place in my courtroom with the press. Henceforth, and until the conclusion of the trial, if you violate this order you’re going to jail. “
A fucking gag order; So much for free speech in the city of Berkeley. The D. A. had already roasted us in the press. Delete Maybe the thought of Jerry Rubin, the Barnum and Bailey of the antiwar movement, and Melvin Belli, the world-famous king of torts joining forces in his courtroom was just too much for the uptight judge.
A month later, the Friday morning before the trial began, Jerry, Stu, Steve and I, held a press conference on the courthouse steps, deliberately violating the judge’s order and milking it for all the publicity we could get. We each said a few words into the microphone to be on record. Cops, TV cameras, and attorneys frantically taking notes surrounded us. That was our last blast before the gag choked us off.
The gauntlet thrown down, we headed for the International House of Pancakes to chow on exotic pancakes with all the fixings before we were rounded up and put on the special troublemakers express to holding cells at Santa Rita jail. There, they would slow walk our bail processing and leisurely treat us to dinner. The menu was always the same: Baloney on white bread, without fixings.
We were in a good mood. We had done our best to give the judge a black eye. After we paid the bill, I said to my comrades, “I just want you all to know I’m going underground. I’m not going to make it easy for these clowns. I’m going to have some fun before I get busted. Everyone laughed.
That afternoon, while the rest of the crew was securely locked up in Santa Rita, I was safe and sound in Pam’s cozy little attic apartment on Piedmont, listening to her badass record collection, and smoking a joint. I had a small stash of high-quality Panama Red hidden close to the toilet bowl for an emergency dump. I made sure the toilet was functioning. I knew too many people who had been busted because of faulty flushing.
Margie had decided not to join me. Playing hide and seek with the police was just a little too nerve-racking for her gentle soul. Her tranquility, however, was shattered in the wee hours of the morning when a dozen cops made a boisterous and over-enthusiastic search of our three-room pad in the notorious Pink Palace. They took their time rummaging around, freaking Margie out, along with all of our dope-smoking neighbors.
I scanned the news that evening. We had a few minutes of TV coverage on the East Bay channel.
“Three out of four of the non-student agitators, who violated the judge’s gag rule were arrested today. The fourth, Mike Smith, recently dismissed from the University of California for anti-war activity, has not yet been apprehended.”
The last story on channel nine, our public broadcasting station, announced the first “Human Be-In,” which would be held at San Francisco’s polo field in Golden Gate Park the next day.
Jerry, along with LSD guru, Timothy Leary, the Diggers, Allen Ginsberg and leaders of various rock bands, planned the get-together as a symbolic wedding of the peace movement: political activists and brothers and sisters in the cultural scene. The title of the event symbolized the joining of the tribes.” Human,” the young generation’s yearnings for a new life style, and “Be-In” a takeoff of “Sit-In,” the tried and true tactic of the civil rights movement.
Hiding out was getting boring. The Be-In was my solution. The group had decided, at our pre-bust breakfast, to stay in jail until the people raised our bail; an effective way to dramatize the judge’s attack on our rights and to mobilize popular support.
I decided to go in disguise, and interject some realty into the revelry. I’d tell our story, ask the multitudes to support the growing anti-draft movement, and ask for bail money.
I woke up early the next morning raring to go. Over coffee, Pam filled me in on the latest.
“Mike, people were cracking up last night at the Blind Lemon. A whole boat-load of Berkeley’s finest showed up in force around midnight, shining flashlights in people’s faces, looking under tables, and asking people if they knew where you were hiding out. It was a blast. Just like the keystone cops. People were hooting, laughing, shouting, ‘He’s over here!’ ‘He’s up my skirt.’ ‘You’re too late. He’s on his way to Cuba.’”
The press jumped into the fray and pumped up the story. The morning edition of The Berkeley Gazette had a front-page headline reading, “Wanted Activist”.
I had an affinity for American Indians, so I painted my face with colors mimicking war paint. I put on my fringed buckskin jacket over my bare chest, tied a scarf around my head with a few feathers from Pam’s eclectic collection of doo dads, and donned a colorful Halloween eye mask as the final touch.
Some friends gave me a ride to San Francisco. Thousands and thousands of eager people were already there, stoned, dancing and chanting. I arrived early, hoping to talk my way past the usual security and speak to someone with juice to get on the agenda. Everyone was happy to see me. The poet, Allen Ginsberg, asked me about Jerry, who had been scheduled to speak.
“Allen, unless there’s been a jailbreak, he’s still in Santa Rita.”
The MC, a vivacious and energetic dude hugged me.
“Of course you can say a few words and make a pitch. Just keep it short and punchy. You can speak after Timothy Leary.”
I dove into the safety of the swaying, gyrating, swirling, butt-wiggling crowd, caught in the throbbing beat of the new music being nurtured in the Fillmore and Avalon ballrooms. New, local bands, like the Grateful Dead, Quicksilver Messenger, Jefferson Airplane and Big Brother and the Holding Company, were creating these magical sounds. Their tantalizing, trippy lyrics and entrancing melodies would give birth to Acid Rock.
I looked around. Could this be the beginning of a new world? The Hells Angels, who broke our bones two years before when they attacked the Vietnam Day Committee’s peace march, were rounding up and babysitting lost children.
From time to time, the music stopped, people stopped dancing, and joined in chanting Buddhist mantras. Poets like Allen Ginsberg led the crowd in gentle, harmonious, hypnotic chants. “Peace in Berkeley.” “Peace in Vietnam.” “Peace in San Francisco.”
Stanley Osley, the San Francisco street chemist who discovered how to crystallize acid and make it available for the masses, wandered through the crowd with his disciples handing out colorful paper tabs in defiance of the California law, passed three months earlier, criminalizing LSD. This was giving the Sacramento know-nothing crowd the middle finger.
I was tempted for a moment to take just a lick or two of a magic tab. Enough to get a burst of psychedelic energy, a shower of rainbow colors, a shimmering of sensual hallucinations and a jolt of spirituality before I ended up behind bars again.
Thank God a voice inside warned me to be careful. I flashed back to my acid trip in a Berkeley courtroom two years before; an iron vice gripping my arm, a bloodthirsty buzzard cawing my name. I shook my head. Christ, I thought, sometimes I’m crazy. I’m a wanted activist. The cops are on my tail. I may soon end up in jail: Definitely a bad trip.
“No thanks. I’ll take a rain check.” I hugged the stoned sister with the acid in her outstretched hand.
I looked around. Bangles, beads, feathers, flags, noisemakers, tambourines, peace symbols and incense mixed together in a kaleidoscope of colors, shapes and sounds. Weed drifted in the air; smoked cautiously, in half -assed, semi-secret fashion behind and under blankets or robes, and boldly, in the open, fears and inhibitions conquered by our numbers.
For some reason the cops were nowhere in the swarms of people, content to watch in relatively small numbers on the outskirts of the park. The ever-present, covert plain-clothes cops and clandestine undercover agents still lurked in the shadows watching, but not acting. Maybe the scene blew the cops’ minds. This scene wasn’t in their playbook, so they seemed to be sitting the day out.
The crowd grew by the minute. A mix of cultures of all colors, sizes and shapes. Curious bystanders, young and old, black and brown, grandpas and grandmas, young families with kids, straight looking crew cut guys, hicks with Jackie Kennedy hairdos straight from the suburbs, and bare-assed, bare-breasted hippies all mixed together.
I was getting down with the rhythms of Santana, a new group straight out of the Mission district, when the MC announced between songs,“ Get ready, folks. Timothy Leary, the guru of LSD is going to be the speaker after this set.”
I was scheduled to speak after Leary, so I hightailed it to the stage in time to hear Leary’s now-famous words that became the symbol of 1960’s cultural rebellion. He paused to look around, a twinkle in his eye and made history with six words: …”turn on, tune in, drop out.” The crowd roared. They got the message. So did I. I could dig “turn on” and “tune in,” but what does “drop out” mean to an organizer. We had a war to end. We needed everybody to join the fight.
The throngs were fired up. I decided to keep it short. The MC introduced me. “We have a brother from the Berkeley Peace Movement who needs our help for some brothers in jail.”
“My name is Mike Smith. I’m a wanted a peace warrior. I’m tired of our troops dying in an unjust, illegal, immoral war.” I gave out a war hoop. The crowd roared its approval. “Some of us were arrested in Berkeley, last fall, for taking on the draft. We need your help. My brothers Jerry Rubin, Steve Hamilton and Stu Alpert are in jail right this moment for violating the Judge’s gag rule prohibiting us from talking about our trial to the press. We need money for our bail. We need you to join us in the fight to stop the killing in Vietnam. “ Once again, the crowd went wild.
A voice behind me said, “Mike. I’m not in jail I’m right behind you.” I turned around. There stood Jerry Rubin for a moment grinning at me like a Cheshire cat. Then he got down to business.“ Mike, I appreciate your hutzpah, but you have to turn yourself in. All the press is talking about is your sorry ass.”
“Okay, Jerry. I promise to turn myself in. Just give me one more night and I’ll show up on the Berkeley cops’ front porch bright and early tomorrow morning, if they don’t bust me today.”
Believe or not, they didn’t. I was smuggled out of the park with a Moroccan robe covering me head to toe, lost among the exiting crowd.
The next morning, I walked into the police station. I was amazed the desk sergeant didn’t recognize me. I said,” I’m here to talk to the officer of the day. It’s really important”. He shook his head and said, “Follow me, he’s just finishing the morning report to the guys”. He took me through some locked doors and into a large room full of cops listening to a police lieutenant finishing his briefing.
“Men, we have to bust that asshole, Smith. It’s getting to be an embarrassing situation for us. I want him behind bars today.”
“Officer,” I said, with a shit-eating grin, “You don’t have to look too far. Here I am: all yours for the taking. He looked stunned. The party was over.
A half an hour later, I landed in a Berkeley cell. Luckily, bail had been raised. I missed out on the Santa Rita ritual of having to strip and be sprayed with pesticides to kill any critters lingering in my armpits or crotch.
I rushed back to catch Margie before her first class.