San Francisco Examiner - December 13, 2001
Tanya Pampalone, Of The Examiner Staff

Most in the local AIDS community were jubilant when Michael Petrelis and David Pasquarelli were charged last month with criminal conspiracy, stalking and making criminal threats, and held on $500,000 bail.

District Attorney Terence Hallinan told The Examiner that their actions constituted terrorism and that he planned to prosecute them on all charges. They appear in court today for a preliminary hearing.

But the charges have caught the ire of a growing number of long-time AIDS and gay activists outside San Francisco, who say the charges are overblown and that the men's freedom of expression has been trampled on.

A letter drafted by New York gay activist Bill Dobbs has been signed by at least 30 respected activists so far.

But it wasn't an easy task, given the histories of Petrelis and Pasquarelli.

"Plenty of people grit their teeth and say you want me to sign what?" said Dobbs.

Those who signed the letter were hesitant to get involved. They didn't want to be affiliated with ACT UP San Francisco -- which split with the nationwide ACT UP umbrella organization in the early 1990s because of members' belief that HIV is not the cause of AIDS.

Other ACT UP groups believe that the renegade ACT UP San Francisco has hijacked their good name and hurt the HIV and AIDS battle.

But the harassing phone calls and offensive behavior of Petrelis and Pasquarelli have disturbed many in the AIDS and public health community in the past few years.

Before their arrests, they admitted having stepped up their campaign in response to articles in the Chronicle about the rise in syphilis cases and unsafe sex among gay men. They said the stories were false.

After an article appeared in the Washington Monthly, saying that high ranking DPH official Jeffrey Klausner was in favor of slowing HIV infection by quarantining gay men -- because they were repeatedly infecting other men -- Petrelis and Pasquarelli further increased their harassment.

Klausner has said his comments were taken out of context.

Court documents outline some of the alleged phone abuse by the two.

According to the documents, Pasquarelli left a message for one city employee saying: "Listen you syphilic scumbag, you're not going to put homosexuals in cages in this town ... better make sure the quarantine by Jeffrey Klausner does not become the political reality of San Francisco if you want to walk the streets."

'Nazi lies'

Another message allegedly sent from Pasquarelli warned if the person did "not stop spreading Nazi lies" she would be "quarantined herself." A message allegedly sent by Petrelis said, "Are you there or do you have a syphilic penis in your mouth performing oral sex."

But even if many disagree with their tactics and the stance of ACT UP San Francisco, they believe the charges against the men are overblown. The letter calls for fair legal treatment for both men and their "immediate release" on reasonable bail.

"While we (and others) may disagree with them on politics or tactics, the history of AIDS has often compelled aggressive responses by activists," the letter states. "The prospect of high bail and escalating criminal charges for protest is a genuine threat to civil liberties."

The letter notes the arrest of Kate Sorensen of ACT UP Philadelphia, who was held on $1 million bail and later tried on felony charges for protesting at the 2000 Republican National Convention; also noted are the felony charges against members of ACT UP/New York for entering GlaxoSmithKline's offices earlier this year to protest price-gouging for AIDS drugs.

Judy Greenspan, HIV advocate for California Prison Focus, said she is opposed to the prosecution of Petrelis and Pasquarelli, even though she has been on the receiving end of some of their phone calls.

"I don't agree with their tactics, their strategy or their philosophy," she said. "It's unfortunate they have alienated the AIDS service organizations. But I don't believe in prosecuting them on felony charges, and I certainly don't support the use of the word terrorist."

Medical attention

Greenspan said she is also concerned with reports that Petrelis -- who is HIV positive -- was having trouble getting medical attention in the San Francisco jail where he is being held.

Julie Davids, director of Critical Path AIDS Project in Philadelphia, is also concerned with Petrelis' health.

"These guys are not my allies," said Davids, whose name was not on the most recent draft of the letter. But, she maintains, neither of the men are flight risks, which makes the excessive bail inappropriate.

"The city of San Francisco should be so lucky that they (would be) flight risks," she said. "They are quite committed to wreaking havoc in San Francisco." Wayne Turner, from ACT UP DC, is a personal friend of Petrelis who has had major conflicts with ACT UP San Francisco members in the past.

"There has been warfare in San Francisco," he said. "The tension (has been building) for years between different factions. But now the political climate has changed (and) I see Hallinan is using the whole terrorism angle to barrel this through."

Scott Tucker, cofounder of ACT UP Philadelphia and of Philadelphia Prevention Point, sent out his own open letter last week on the excessive bail and the charges.

"Petrelis has a wide reputation for being erratic and abrasive," he said.

"But he has also asked some of the rude questions which have crossed the minds of others who have kept quiet ... about inflated salaries for the executives of some AIDS agencies ... and about seeming contradictions in epidemiological data."

Tucker said he does not agree with some of their tactics but is concerned with due process and civil liberties.

"Many Americans are wondering what it means for the courts to do their thing under the shadow of (Attorney General John) Ashcroft and the Patriot Act," he said "The implications of this case go far beyond these two defendants. Since 9/11, the definition of terrorism has drifted far from ground zero. That should concern all activists and civil libertarians."

E-mail Tanya Pampalone at tpampalone@sfexaminer.com

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