Sanctuary blamed in San Francisco slayings

SAN FRANCISCO — Frank Kennedy is a third-generation San Franciscan, the son and grandson of local police officers and the owner of a Bay Area business. Last week, he became Exhibit A for all he believes ails his hometown.

On Wednesday, a 21-year-old illegal El Salvadoran immigrant pleaded not guilty to murder in the slayings of Kennedy's brother-in-law and two nephews in a case that has galvanized sentiment nationwide against San Francisco, a sanctuary city, and its mayor.

Kennedy, 52, has spent much of the time since telling anyone who will listen that San Francisco and cities like it, including Seattle, should stop shielding illegal immigrants from federal authorities and that San Francisco officials are responsible for his loved ones' deaths.

Suspect Edwin Ramos waits in San Francisco County Jail for his trial in a system that released him nearly three months before the slayings. Convicted twice on felony charges as a juvenile, Ramos was protected then from immigration officials because of the city's sanctuary policy.

"Any mayor, any board of supervisors that passes these laws should be prosecuted to the fullest," Kennedy said. "This is not the United States of San Francisco. ... My family was the sacrificial lamb in this."

Grieving family

Immigration activists have embraced the grieving family, using the June 22 deaths of Anthony Bologna, Matthew Bologna and Michael Bologna to call for change. Conservative broadcasters have vilified the city.

Outraged e-mailers have filled message boards for days. And federal immigration officials have demanded greater access to the city's jails, telling Mayor Gavin Newsom in a letter Wednesday that the sanctuary policy means federal officials can't "prevent the release of these criminal aliens."

On June 22, Anthony Bologna, 48, and his sons Matthew, 16, and Michael, 20, were driving to their Excelsior neighborhood from a family get-together at Kennedy's home.

Driving south on a narrow street, Bologna stopped the car and apparently blocked the path of a Chrysler 300M, authorities said.

The Chrysler's driver pulled up alongside and began shooting. The father and older son died at the scene. The boy died later at San Francisco General Hospital.

"That Sunday, we had breakfast, hugged each other, kissed each other and the kids," Kennedy said.

Later that day, the phone rang, and "the homicide inspectors told my wife her brother was shot and killed along with his sons. ... To have him assassinated in broad daylight with my two nephews is incomprehensible."

Three days later, police arrested Ramos, of nearby El Sobrante. He was charged with three counts of murder and one count of attempted murder. Because of the nature of the crime, he could face the death penalty if convicted.

Kennedy, his sister-in-law Danielle Bologna and activist groups are calling on District Attorney Kamala Harris to seek the death penalty in the case.

Juvenile record

The widespread uproar over the Bolognas' slayings began last week after the San Francisco Chronicle reported that Ramos had been found guilty of two felonies as a juvenile.

Because of the city's sanctuary policy enacted in 1989, local agencies do not consider immigration status when dealing with young offenders and therefore did not check whether Ramos was here illegally.

Ramos was also arrested March 30 on a weapons violation, along with an alleged member of the Mara Salvatrucha gang riding in his car. Authorities decided to file charges against the other man but not Ramos, and he was released after several days in jail, said Eileen Hirst, a sheriff's spokeswoman.

Deportation proceedings against Ramos should have been initiated but were not because of an apparent mix-up between the U.S. Immigration and Customs Enforcement (ICE) agency and the San Francisco Sheriff's Department, which runs the jail.

Hirst said jail officials notified ICE twice that they had Ramos in custody. ICE responded that there was no government detainer against Ramos, Hirst said.

A "detainer" is the document that says there is probable cause to believe someone is in the country illegally. Without that, Hirst said, the Sheriff's Department could not hold him.

But ICE spokesman Tim Counts said the jail contacted federal immigration officials on April 2, two hours after Ramos had been released, an account that the Sheriff's Department disputes.

Less than three months later, the Bolognas were dead.

Robert Amparan, Ramos' defense attorney, did not return phone calls. According to published reports, Amparan said his client was not the shooter, was not involved with gangs and is in the country legally.

Newsom last week ordered "a top-to-bottom review" of the sanctuary city policy, to ensure that "in every case we are complying with applicable federal and state law," said spokesman Nathan Ballard.

For the Kennedy and Bologna families, that's little comfort.

"I took my son off life support two days after his dad and brother were murdered," said Danielle Bologna, 47, who has two other children. "It was the most difficult part of my entire life to look at my baby and know he was gone."

Bologna and Kennedy have vowed to help change San Francisco's sanctuary policy.

"This issue is not going to calm down until changes are made," said Kennedy. "I'm going to make sure of it. ... And as far as I'm concerned, Mr. Newsom's political future after this is washed up."