Joseph Freitas, Jr. Dies in Paris

by Allen White on April 19, 2006

District Attorney who prosecuted man who killed Harvey Milk and George Moscone

Joseph Freitas, Jr., the San Francisco District Attorney responsible for prosecuting the man who killed Supervisor Harvey Milk and Mayor George Moscone, died today, Wednesday, April 19, 2006, in Paris, France.

Angelo Quaranto, who for many years owned the popular North Beach restaurant, Allegro, was with Mr. Frietas when he died today. Quanranto, also a former San Francisco Police Commissioner and Mr. Freitas were both from the Italian community so closely identified with the city’s North Beach area.

For the past several years, Mr. Freitas had lived primarily in Paris where he died from lung cancer in the city’s American Hospital. He was 66.

Mr. Freitas was elected District Attorney in 1975. It was during a time when San Francisco was experiencing dramatic and unprecedented change. Fueling that change was the voter’s decision to choose members of their Board of Supervisors by district. The November, 1977 election resulted in the election of Harvey Milk, San Francisco’s first openly gay supervisor who represented the Castro. From the Ingleside area, former police officer and fire fighter, Dan White was elected.

Following election in November, 1977, the new board took office in January, 1978. They were part of a political coalition which represented sweeping political change. Among this new generation of politician was former State Senator George Moscone who was elected Mayor. Phil and John Burton represented the city in Congress. Willie Brown in the California Assembly, Milton Marks was California Senator and Jerry Brown was Governor.

Election Day, 1978 saw Californians reject an anti-gay initiative sponsored by State Senator John Briggs. During that time, William Quinn became San Francisco’s Archbishop as John Paul became Pope. In the Tenderloin, Fr. Boeddecker transformed St. Anthony’s while Glide Church, under the direction of the Rev. Cecil Williams, became the catalyst for radical change. Racism, sexism and homophobia were challenged as never before.

COYOTE, which stood for Call Off Your Tired Ethics, was founded by Margo St. James in 1973 to work for the repeal of the prostitution laws and an end to the stigma associated with sexual work. In the Castro, Dennis Peron, following a raid on his home, successfully placed an initiative on the San Francisco ballot relaxing enforcement of all laws against marijuana possession and use.

In early November, 1978, one of those newly elected supervisors, Dan White, resigned. Days later, after a change of heart, he asked Mayor Moscone to appoint him to the seat from which he resigned.

On November 18, 1978, Congressman Leo Ryan was murdered on a remote airstrip in Guyana. Nearby was a commune led by Rev. Jim Jones. Jones also pastored the People’s Temple, located on Geary near Fillmore Streets. Following Ryan’s death, Jones convinced hundreds in Guyana to commit suicide by drinking Kool-Aid spiked with a lethal dose of poison.

One week later, White snuck into City hall through a basement window to avoid metal detectors which would show he was carrying a gun. He went to Moscone’s office and again asking for his Supervisor job. When Moscone again refused, White pulled out the gun and assassinated the mayor.

Leaving Moscone’s office, he headed across City Hall to offices of the Board of Supervisors. At the time, all supervisors had their offices on the Van Ness side of the building. Entering the office area, Dan White then shot and killed Harvey Milk. Within hours of the shooting, White surrendered at Northern Police Station, then located on Ellis near Polk Street.

That evening, Monday, November 27, 1978, thousands participated in a candlelight march from the Castro to the City Hall in tribute to Moscone and Milk.

The District Attorney was Joseph Freitas, Jr. Mr. Freitas assigned one of his top assistants, Tom Norman, to prosecute the case.

Representing White was Doug Schmidt. The defense used White’s taped confession to convince a sympathetic all white jury that White had simply caved under the pressures of raising a family and stress exacerbated by eating of Hostess Twinkies.

The jury accepted Schmidt’s theory, finding Dan White guilty of two counts of voluntary manslaughter rather than first degree murder. Response to the verdict was swift and violent. Hundreds marched, as they had the day Milk and Moscone died, from the Castro to City Hall.

This time, the mood was one of anger. Doors and windows to City Hall were smashed, police cars were burned in one of the most violent nights in San Francisco history. The events of May 21, 1979 would become known as the White Night Riots.

Then mayor Diane Feinstein ordered no violent police response to the City Hall rioting. Police humiliated at City Hall and empowered by the verdict allowing White, a former police officer and fireman, to get away with murder, went into the Castro to retaliate. Following the devastation at City Hall, police stormed the Elephant Walk, a bar in the Castro today named Harvey’s, and indiscriminately and brutally beat customers.

Events of May 21, 1979 would effectively end the political career of Mr. Freitas. The manslaughter verdict, though he didn’t personally prosecute the case, was blamed on Mr. Freitas. He lost in his re-election bid to Arlo Smith.

Following his defeat, Mr. Freitas would became one of San Francisco’s most respected lawyers specializing in cases relating to labor arbitration and mediation issues. In recent years, Mr. Freitas spent his time at homes he owned in both Paris and San Francisco.

He had been married to with wife, Douce Francoise, who died in Paris last year. Mr. Freitas is survived by four children, Matthew Freitas of Amarillo, Texas, Clare Freitas of Albany, N.Y., Clementine Freitas Cowie of Golden, Colo., and Joshua Freitas of San Francisco. Mr. Frietas will be buried next to his wife in Paris. A memorial service will be held later in San Francisco.