By Terrence McCoy
By Scott Fishman
By Deirdra Funcheon
By Allie Conti
By New Times Staff
By Ryan Pfeffer
By Deirdra Funcheon
By Kyle Swenson
Listening to Latimer calmly narrate the planning of the Park Station attack, step by step, the local detectives knew they finally had a break. In fact, they believed she could make their whole case. Latimer claimed to have cased the station and could describe the package that had held the explosive device before it had gone off. "It was just too detailed," the investigator familiar with the case said. "It was A to Z without leaving out L and M. I was convinced."
The day after interviewing Latimer, the investigator said, the detectives hastily convened a conference with San Francisco District Attorney John Jay Ferdon and a federal prosecutor. At that meeting, the police officers and federal prosecutor argued for granting Latimer immunity and proceeding to file charges. (It is unclear which Weather Underground members would have been named as defendants or whether the D.A. and U.S. attorney were aware of Steen's earlier statement to police.)
Ferdon opposed this plan, arguing that Latimer's sudden appearance could be a ploy. Once she was granted immunity, he feared she would simply change her story and confess to planning and executing the bombing alone, clearing herself and her former comrades of criminal liability. He won the argument, and local detectives renewed their efforts to find more evidence or informants to support a prosecution.
Caution in filing charges based solely on Latimer's statements might have been warranted for other reasons. Testimony from criminally implicated informants is notoriously problematic for prosecutors, who must explain to a jury why their witnesses aren't merely lying to avoid more severe punishment. Hence the need, in an ideal world, for more extensive corroboration of what happened the night of the bombing or physical evidence — in the form of fingerprints or ballistics — to back up Steen's and Latimer's stories.
Such evidence has never been uncovered in the McDonnell murder case. After the launch of the Phoenix Task Force, a forensics expert at the California Department of Justice was able to develop a latent fingerprint on a fragment of the Park Station bomb using new scientific techniques, according to an affidavit filed by Engler in another of the task force's cold cases. But the print was still too undefined to be used for identification.
The FBI's witness statements are also less comprehensive than investigators would like. For instance, neither Steen nor Latimer said they had been present for the construction of the bomb (though Reagan said at least one of them reported seeing bomb-making materials, such as detonator cord, at the planning session), and neither had seen who placed the device on the station's window ledge.
And then there is the most vexing obstacle to a successful prosecution of the Weathermen based on former collaborators' confessions: the inconvenient fact that an entirely different set of militant activists had also claimed credit for the bombing.
On August 28, 1971, Anthony Bottom and Albert Washington, cadres of the violent Black Panthers splinter group known as the Black Liberation Army (BLA), pulled up in a car alongside the patrol cruiser of San Francisco Police Sgt. George Kowalski at an intersection in the Mission and leveled a submachine gun at him. The BLA was suspected or convicted of multiple attacks on police officers in the 1970s, including the 1971 shotgun killing of Sgt. John Young at San Francisco's Ingleside Police Station. On this occasion, however, they were unsuccessful. The gun, loaded with the wrong type of ammunition, jammed. Bottom and Washington were arrested and charged with attempted murder.
Over the next month, Bottom, while in police custody, made an extraordinary series of statements, according to investigators familiar with his case. He reportedly told SFPD homicide inspectors Frank McCoy and Eddy Erdelatz that he had planted the bomb that killed McDonnell at Park Station and said he had helped plan the Ingleside attack, which took place while he was in jail. He also claimed involvement in the bombing of St. Brendan's Church in the Forest Hill district of San Francisco during a police funeral in October 1970 and in a plot to plant sticks of dynamite on the roof of the Mission District Police Station.
When he made his far-ranging confession, Bottom was already destined for prison. A revolver found with him at the time of his arrest had been traced to New York City Police Officer Waverly Jones, who was gunned down with his partner, Joseph Piagentini, by BLA members in a Manhattan housing project that May. Today, Bottom is serving a life sentence at Auburn Correctional Facility in upstate New York for his conviction in their murders.
A number of law enforcement officials with knowledge of the Park Station case view a BLA link to the bombing with skepticism. Bottom, in particular, was famous among detectives of the era for his big mouth. "He was just a guy who liked to hear himself talk," one investigator said. "We could not corroborate independently what he told us about Park." Another former investigator connected to the case is more blunt: Bottom, he said, "would confess to the Quake of '89."
Mark Goldrosen, a San Francisco attorney who represented Bottom when he was charged in 2007, with seven other defendants, for the 1971 attack on Ingleside Station, concurs with investigators' dismissive takes on his client's statements about the Park bombing. "If he had admitted it and if it was considered credible, this would have been prosecuted a long time ago," he said.