DAN WHITE

'Daniel James "Dan" White' (September 2, 1946 – October 21, 1985) was a former San Francisco City Supervisor who assassinated Mayor George Moscone and Supervisor Harvey Milk on November 27, 1978 at City Hall. In a controversial verdict, which led to the coining of the legal slang "the Twinkie defense," White was convicted of manslaughter rather than murder.

Contents

Early life

The assassinations

Trial

Imprisonment and death

Alleged confession

Cultural references

Notes

External links

Early life

White was a San Francisco native and one of nine children. He grew up in a blue collar, Irish-American household. He served in the Vietnam War before returning to San Francisco to work as a police officer. He later worked as a firefighter. He was elected to the San Francisco Board of Supervisors in 1977 from the working-class Excelsior District (at this time, supervisors were elected by district, not at large as they were in the 1980s and 1990s).

The assassinations

Main articles: Moscone-Milk Assassinations

The politically conservative White frequently clashed with the Board's more liberal members, including Milk. That, combined with the position's low salary, prompted White to resign his seat in 1978. However, he changed his mind about resigning after his supporters, including the police chief and fellow supervisor Dianne Feinstein, lobbied him to withdraw his resignation and seek re-appointment from Moscone.
Moscone refused to re-appoint White, after Milk and others urged Moscone not to do so. On November 27, 1978, White went to San Francisco City Hall to meet with Moscone and make a final plea for re-appointment. After Moscone turned down his request, White shot and killed Moscone, then went to Milk's office and also shot Milk to death. He then fled city hall and turned himself in at a police station where he had been an officer, and taped a confession that stated premeditation, to two detectives, one Frank Falzon, who have since been criticized for their leading questions.

Trial

Main articles: Twinkie defense

At his trial, White's defense argued that White's mental state at the time of the killings was one of diminished capacity due to depression. Therefore, they argued, he was not capable of premeditating his act of violence, and thus was not legally guilty of first-degree murder. Among several factors cited as evidence of White's depressed state was his consumption of sugary junk food (previously uncharacteristic of White, a health food advocate) in the months preceding the assassination. In the press, White's consumption of sugary junk food was widely misreported; the press claimed that the sugar in the food had ''caused'' (rather than reflected) his state of depression. White's defense was labeled "the Twinkie defense".
The jury found White guilty of voluntary manslaughter rather than first degree murder. Outrage within San Francisco's gay community over the resulting seven-year sentence sparked the city's White Night Riots; general disdain for the outcome of the court case led to the elimination of California's "diminished capacity" law.

Imprisonment and death

White served five years of his seven-year sentence at Soledad State Prison and was paroled on January 6, 1984. Fearing he might be murdered in retaliation for his crimes, California State Corrections Officials secretly transported White to Los Angeles, where he served a year's parole. After satisfying the terms of his parole, White indicated he wanted to return to his lifelong home San Francisco, which prompted Mayor Feinstein to issue a public statement formally asking White ''not'' to return. Nevertheless, he did return.
White found it impossible to have any semblance of a happy life, however. A second child, Rory, who had been born while he was in prison subsequent to conjugal visits, was born with disabilities. Despite the birth of a third child, a daughter Laura, his marriage to wife Mary Ann was not salvageable, and he became increasingly depressed.
On October 21, 1985, less than two years after his release from prison, White committed suicide by carbon monoxide poisoning in his wife's garage by running a garden hose from the exhaust pipe to the inside of his car. The body was discovered by White's brother, Tom, shortly before 2 p.m. the same day.

Alleged confession

In 1998, the ''San Jose Mercury News'' and ''San Francisco'' magazine reported that Frank Falzon, a homicide detective with the San Francisco police, claimed to have met with White in 1984. Falzon claimed that at that meeting, White confessed that not only was his killing of Moscone and Milk premeditated, but that he had actually planned to kill another Supervisor, Carol Ruth Silver, and then-member of the California State Assembly Willie Lewis Brown, Jr. as well. Falzon quoted White as having said, "I was on a mission. I wanted four of them. Carol Ruth Silver, she was the biggest snake . . . and Willie Brown, he was masterminding the whole thing."^[1][2]
Falzon, who had been a friend of White's and who had taken White's initial statement hours after the assassinations, said that he believed White's confession.

Cultural references

★ The story of the assassinations is told in the Academy Award-winning documentary film ''The Times of Harvey Milk'' (1984).

★ ''Execution of Justice'', a play by Emily Mann, chronicles the events leading to the assassinations.

★ Dan White was portrayed by actor Tim Daly in the 1999 Showtime film ''Execution of Justice'' that chronicled the events leading to the assassination of George Moscone and Harvey Milk.

★ Dan White and the "Twinkie defense" were mentioned in the 2006 film ''Half Nelson'' during one of the intermittent history reports by the students in the film.

★ The assassinations were the basis for a scene in the 1987 movie ''RoboCop'', in which a junk food eating former municipal official uses an Uzi to take hostages at city hall because he wants his "...old job back!"

★ The Dead Kennedys song "I Fought the Law" is about the assassinations.

Notes

1. Weiss, Mike. "Killer of Moscone, Milk had Willie Brown on List", ''San Jose Mercury News'', Page A1, September 18, 1998
2. Weiss, Mike. "Dan White's Last Confession", ''San Francisco'', October 1998

External links

★ ''The Times of Harvey Milk'' – Documentary about Harvey Milk's life, gay rights, activism, and the parallel life of fellow supervisor Dan White.

★ ''Execution of Justice'' Showtime original movie about the events leading up to the November 27 assassinations.

★ "48 Drawings from the trial by David Newman"

★ New York Times article after the suicide.