Guilty Until Proven Innocent

(Illustration courtesy Edward Camp)

“…(U)pon the banquet of his funeral they most piously do pounce… And for years afterwards, perhaps, ships shun the place; leaping over it as silly sheep leap over a vacuum…” – Herman Melville

When I was in high school, we were assigned a novel called THE OX-BOW INCIDENT, by Walter Van Tilburg Clark.

It’s about three cowboys who are accused of cattle rustling and murder. While the cowboys insist on their innocence, a vigilante posse is convinced of their guilt. The vigilantes outnumber the cowboys, so they get the upper hand. The cowboys are hanged after a long night of drunken accusations and brutality. After the vigilantes commit their dirty deed and ride home, they’re stunned by what they discover: the cowboys were innocent after all.

The book is fiction, but it was my introduction to several life realities: warped vigilante justice…the concept of “court of public opinion” … the behavioral trait where people will do things in a group which they wouldn’t normally do alone (mob mentality) …and the idea that the majority in a democracy is not necessarily right. I’ve never forgotten the book. If you don’t like to read, you should at least see the movie, starring Henry Fonda, Dana Andrews, and Anthony Quinn. It will stay with you.

Clark published THE OX-BOW INCIDENT in 1940. The 1943 movie was nominated for Best Picture. One would think such a powerful story would offer a moral lesson to those who would rush to judgment. But in the late 1940s and 1950s, America underwent the Hollywood blacklist and McCarthy hearings, a demagogic, Cold War smear campaign to hunt down alleged Communists. Careers were permanently destroyed.

In 1950, a slow-witted man in England, Timothy Evans, was tried, convicted, and executed for mass murder, despite later being found innocent. His case contributed to England’s abolishment of the death penalty. The U.S. is now the only Western nation to execute prisoners, despite numerous death row inmates later being exonerated.

Currently, America is in the throes of public figures being accused of sexual misconduct.  The entire reality show is sad and tawdry, a perfect second course to last year’s election. For some people, though, it’s a form of gladiatorial entertainment.

The latest name to fall from grace is author and radio personality Garrison Keillor, accused by an unidentified woman of sexual misconduct.

I usually walk the other way when I see sensational “soft” news like this. While I definitely don’t belittle the problem of sexual misconduct, obviously more widespread than anyone could have imagined, I’m more concerned about things like health care, income inequity, environmental degradation, and gun deaths. I know only a few details in the cases involving Bill Cosby, Roger Ailes, Bill O’Reilly, Harvey Weinstein, John Conyers, Roy Moore, Matt Lauer, Charlie Rose, and Al Franken. The reason I’m writing about Keillor is because for many years, off and on, I’ve listened to his live radio show A Prairie Home Companion, one of the best programs on radio.

Another reason is that, whether Keillor’s guilty or innocent, there are some troubling signs.

On November 29, Keillor was suddenly fired by Minnesota Public Radio (MPR), after 42 years of employment, for alleged improper conduct with a woman. The station had hired a law firm back in October to independently investigate allegations. Both the law firm and MPR have been silent about the details. Not so Keillor, who retired from A Prairie Home Companion last year.

“I put my hand on a woman’s bare back,” Keillor explained. “I meant to pat her back after she told me about her unhappiness, and her shirt was open and my hand went up it about six inches. She recoiled. I apologized…We continued to be friendly right up until her lawyer called.”

On Facebook, Keillor commented “It’s astonishing that 50 years of hard work can be trashed in a morning by an accusation.”prairie image

MPR didn’t just fire Keillor. Similar to what happened to late football coach Joe Paterno at Penn State University after the child sex abuse scandal, it’s trying to erase all evidence of his presence, including cancelling rebroadcasts of his old shows, removing them from the MPR website, and canceling production and distribution of his syndicated series The Writer’s Almanac.

It’s almost assured that, after MPR’s actions, listenership for A Prairie Home Companion will suffer collateral damage and decline. Keillor’s already been consigned to the Bill Cosby Memorial Landfill, so this won’t be punishing him.  Similar to what happened at Penn State, when NCAA sanctions punished students, alumni, and fans, listeners of A Prairie Home Companion will be punished. The show, now hosted by Chris Thile, may end up dying a slow death.

Additionally, PBS recently pulled an episode featuring Keillor from its “Finding Your Roots” genealogy series.  Venues around the country are also canceling prescheduled shows with Keillor. Berkshire Theatre Group in Massachusetts was one, commenting that it “finds all victimization of people deplorable.”

(Does “all victimization” include Keillor and listeners of A Prairie Home Companion ?)

Just so no one thinks I’m excusing Garrison Keillor and downplaying this woman’s suffering, I’ll emphasize that he may indeed be guilty of more than just sliding his hand across a woman’s back to console her.  In which case he deserves a just punishment.  But he also may be innocent.  No one knows the truth at this point except Keillor and the woman (or women).  Not even MPR.

My problem is MPR fired him without ever consulting him about the allegations (at least, that the public is aware of).  They and others also want to erase any evidence of Keillor.  Though still a far cry, this expunging of history nevertheless has the whiff of Nazism and the dystopian worlds of Kafka and Orwell.

Once more in America in this age of tweet-friendly soundbites, a new term has been coined: “outrage machine.” But if there truly is outrage, how is it possible a man can be elected to the presidency after incontrovertible evidence of misogyny and sexually inappropriate behavior? Are we a nation of hypocrites?

***

If my wife or daughter were the victim of sexual harassment, I’d be at their sides in a heartbeat. At work, I’ve participated in ethics training. A good chunk of this training involves how to associate and how not to associate with employees of the opposite sex.

Some things are obvious. You don’t invite female co-workers to your bachelor pad to watch X-rated actors like “Long Dong Silver,” like one of our Supreme Court justices reputedly did (and I emphasize “reputedly”). You don’t grab them in their private parts, like our sleazeball president advised men to do (and here, I’ll emphasize definitively advised).

But there’s a large grey area (philosophical, not physical). One person’s idea of harassment could be another person’s attempt at being friendly or compassionate. There’s also the dating game. How many times can an employee request a date without it being considered “harassment”? Three times? Twice? Or should it be absolutely forbidden to request social time with an employee of the opposite sex?

Can you compliment someone on their outfit or hair? If she’s feeling depressed, can you put your hand on her shoulder? If so, does the shoulder have to be clothed, or can it be bare? Can you move your hand slightly while it’s on this bare shoulder?

I’m not being facetious, I’m totally sincere. Judging from what’s happened lately, I think we now need to ask ourselves these questions.  How are we going to define sexual misconduct? Should an office manager now be concerned about smiling at a co-worker? Could a friendly smile be construed as a sexually suggestive “leer”?

***

Garrison Keillor’s guilt or innocence isn’t the point of my essay. My point is that, even before all evidence and testimony are in, and despite his denial of sexual misconduct, he’s been hung by the neck in the court of public opinion. The court here includes Minnesota Public Radio; all those who have cancelled his future appearances (some adding editorial spice, like Berkshire Theatre Group); and various journalistic sharks around the country who smell blood.

The Republican Party, dominated by white males, is completely out to lunch regarding the problem of sexual misconduct by public figures.  The Keillor story is the opposite extreme: knee-jerk liberals anxious to judge, convict, execute, and expunge all traces of a man who didn’t even get the opportunity to defend himself.  And I say this as a liberal.

The idea is to discourage and punish sexual misconduct.  You aim for the bullseye. But you don’t pull back on the string until the bow’s ready to snap. Otherwise, you miss the target completely. And you could do a lot of harm in the process.

 

ox-bow incident

Love “Forever Changes,” Part Two

50 years

In my last post, I raved about one of my favorite bands, Love. I gave some background on this under-appreciated group and started to discuss their third record, FOREVER CHANGES. Here, I’ll try to delve into this album in more detail. (Not an easy thing. Most reviews I’ve seen are limited to a few adulatory adjectives).

I called FOREVER CHANGES a “psychedelic masterpiece.” That description may do it a disservice. “Psychedelic” is a loaded term that implies drugs. But you don’t need hallucinatory drugs, or even a desire to musically replicate a psychedelic experience to enjoy this record.

Only one percent of wine supposedly improves after 5-10 years. Consider FOREVER CHANGES, then, like a rare bottle of vintage Cabernet Sauvignon.

First, the title. It supposedly originated with a comment bandleader Arthur Lee made to an old girlfriend. She was upset after he’d dumped her, and she reminded him that he’d promised to love her “forever.” He unsympathetically replied, “Forever changes.” But add the word “Love” in front, and the phrase takes on different meaning.

The packaging of this record is also intriguing. We have a clean white background with a multi-colored, animated design of the five band members’ heads, swirling and blending into a single image. The shape resembles the continents of Africa or South America. A blending and a harmony of races, cultures, and ideas. It’s apropos of the peace/love 1960s, and still valid in 2017 (more or less…pay no attention to the wall builder in the White House).

On the first two Love records, Lee’s forceful vocals, or Ken Forssi’s pounding bass dominated the mix. On FOREVER CHANGES, the vocals and instrumentation are more subdued and democratic. The predominant instruments are acoustic guitar and orchestral strings. This is rock music, however, so there’s electric guitar. But like my blogging friend Jim the Music Enthusiast noted, the electricity is used more for punctuation than overt statement.

Whisky-a-Go-Go concert poster, circa 1966, showing Love, Sons of Adam, and Buffalo Springfield

There are minor string and horn arrangements, and like SGT. PEPPER, they seem to organically grow from the song, rather than being plunked down indiscriminately. The arranger for the strings and horns was one David Angel, who had done theme music for TV shows like Lassie. But the melodies themselves were hummed to him by Arthur Lee, who had total control of the sessions.

Lee was an oddity in many ways. He wore untied combat boots instead of Beatle boots. According to one-time drummer Snoopy, he liked to stroll through the Hollywood hills with a harmonica, imitating bird songs. But in a world of sunshine and hippies, he was suspicious of peoples’ motives. He had a sensitive side (he wrote lines like “We can love again/Only God knows when”), but he also cast a wary glance at a lot of the forced “good vibrations” around him. So there’s considerable questioning on FOREVER CHANGES.

You go through changes
It may seem strange
Is this what you’re put here for?
You think you’re happy
And you are happy
That’s what you’re happy for?

(from the song “You Set the Scene”)

But questions were everywhere in late 1967. The Vietnam War was at a crescendo, and there are many veiled (and unveiled) references to that war in FOREVER CHANGES.

While performing in San Francisco, the band had visited a bar and met a recently returned Vietnam vet. He went into detail about what gunfire was like, and he described how blood looked after it gushed from an open wound. Lee didn’t forget this disturbing image. He later worked it into the song “A House is Not a Motel:”

By the time that I’m through singing
The bells from the schools of walls will be ringing

More confusions,
blood transfusions
The news today will be the movies for tomorrow
And the water’s turned to blood, and if
You don’t think so
Go turn on your tub
And if it’s mixed with mud
You’ll see it turn to gray

In a few lines, Lee forecasts “Full Metal Jacket,” conveys the nebulousness of the war, and describes how its ugliness had crept into American homes. And in “You Set the Scene,” he presents a challenge:

Everything I’ve seen needs rearranging
And for anyone who thinks it’s strange
Then you should be the first to want to make this change
And for everyone who thinks that life is just a game
Do you like the part you’re playing?

Not so much in these superficial and distracted days of smartphones and tweets, but in 1967 this was a major question. Youth, minorities, women, gays, and even soldiers and white-collar executives were challenging the parts they were expected to be playing. Does your career give you personal fulfillment, not just material satisfaction? Are you content with your social position? Your sexuality? Are you willing to play “follow the leader”? Do you like what’s happening in the country and in the world? If your answer is “No,” why not change or rearrange?

“The Daily Planet” is one of two songs where the studio group Wrecking Crew supplanted the regular Love band (the other song is the Johnny Mathis sendup “Andmoreagain”). Lyrically and musically, it’s like the Beatles’ “A Day in the Life,” combining several dissimilar arrangements into one song, and exposing the ludicrousness of life through a snapshot of daily monotony:

In the morning we arise
And start the day the same old way
As yesterday, the day before,
And all in all it’s just a day like all the rest
So do your best with chewing gum
And it is oh-so repetitious waiting on the sun

Love on same bill as Ian Whitcomb and Van Morrison’s Them, circa 1966

Lee, an often-imperious bandleader, deigned to allow guitarist Bryan MacLean two songs on FOREVER CHANGES: “Alone Again Or,” released as a (failed) single, and “Old Man.” Both are gently sublime and offer a nice counterpoint to Lee’s more incisive material. “Alone Again Or” is many Love fans’ favorite song, a mature and mysterious tune with touches of Spanish guitar, and a Tijuana Brass-styled horn break. “Old Man” is similar to Neil Young’s later, much more popular song of the same title. It may be more than coincidence, since Young was at one time considered as producer for FOREVER CHANGES.

(In 1997, Sundazed Records released a collection of Love-era MacLean demos that MacLean’s mother had discovered, on the album Ifyoubelievein. They were followed in 2000 by CANDY’S WALTZ. These minor-key romance songs are amazingly perceptive and ingenuous, and it’s a shame Arthur Lee vetoed them from Love).

Two other songs on FOREVER CHANGES that I should mention are “The Good Humor Man He Sees Everything Like This” and “Maybe the People Would Be the Times or Between Clark and Hilldale.” I won’t make an attempt to understand why “hummingbirds hum” or the significance of “pigtails in the morning sun.” I’ll just say, “Why can’t musicians create imaginative song titles like this anymore? Is it that difficult? Seriously, do we have to bring back Owsley acid?”

***

If I was stranded on a desert isle and only had a certain number of records to spin on my self-propelled turntable in my palm tree perch, I’d probably choose either of the first two Love albums, LOVE or DA CAPO, because they’re so much fun to listen to. FOREVER CHANGES doesn’t have their exuberance. But it does have a musical sophistication, an enticing marriage of instrumentation, arrangements and words that, along with new music by Lennon-McCartney, Brian Wilson, Bob Dylan, Syd Barrett and others, helped push popular songwriting into terra incognita. FOREVER CHANGES never sold many units, but it’s music that holds up very well 50 years onward.

The band broke up after FOREVER CHANGES. It’s the old story: drug abuse and interpersonal squabbles. But maybe they were also just exhausted. Arthur Lee later formed other Love bands, but it wasn’t the same. Years ago, the late Ken Forssi proudly told me: “We could do no wrong…We had something, and they call it magic.” I believe him.

Thanks for permitting me to share my love of Love. In closing, I’ll allow Love to have the last word. This elliptical slice is from “A House Is Not a Motel.” Until next time, Merry Christmas and Happy Chanukah, and I’ll see you down on Go-Stop Boulevard with Plastic Nancy:

You are just a thought that someone
Somewhere, somehow feels you should be here
And it’s so for real to touch,
To smell, to feel, to know where you are here.