About a week ago, Mike Whybark attended a small event involving local performer Jason Webley), and subsequently posted a video of fellow accordionist Aaron Seeman leading the accordion class in a rousing rendition of the Dead Kennedys‘ ‘California Über Alles‘.
In an entertaining little bit of synchronicity, while driving around on Saturday afternoon Prairie and I happened to catch the last half of this week’s This American Life show on the local NPR station. The show (at least in this latter half) was a fascinating look at Michael Guarino, most notorious for being the prosecuting lawyer in the 1986 obscenity trial against Jello Biafra and the Dead Kennedys over their 
_Frankenchrist_ album and the H. R. Giger print included with it.
From the Alternative Tentacles website:
When a San Fernando Valley mother complained that her 13- year old daughter had purchased the record as a gift for her 11-year old brother (at a Wherehouse Records outlet in a large mall), the LA City Attorney’s Office decided to prosecute the case. Deputy city attorney Michael Guarino, the prosecutor in the case, admitted they chose to prosecute the DKs because it would be a “cost-effective” way to send a message to other musicians, record companies and fans. Guarino had been considering prosecuting several other groups when this case came along, and he thought he could win this one.
…
Charged in the case were Biafra, and four others, including the 67-year old man whose company pressed the Frankenchrist disc. Conspicuously not charged were Wherehouse Records which sold the offending album. They had agreed to stop selling Frankenchrist and all other Dead Kennedys albums when the controversy first surfaced.
Biafra and the others decided to fight the charges of distributing harmful matter to minors, and set up the No More Censorship Defense Fund…
Finally, after months of delay, during which Biafra’s time was taxed enough that he had no time to work on his music, the case went to trial. After a week-long trial in which witnesses such as Greil Marcus testified on the group’s behalf, and a respected art teacher attempted to show how the poster was an integral part of the Frankenchrist package, the jury came out deadlocked (7-5 in favor of acquittal), and the judge dismissed the case.
Jello has talked about this case many times over the years at spoken word performances, some of which have been recorded and released as albums. I first learned about the case from Jello’s spoken word album 
No More Cocoons, and have heard it referenced quite a few times over the years since.
Apparently, though, Mr. Guarino has come to see his zealous attack against the Dead Kennedys as a mistake — and has since come to gain an appreciation for the causes that Jello supports. From a 1997 Music News of the World article:
In fact, Guarino, whose son is a big fan of Biafra, said he now appreciates a lot of what the punk poet has to say in his spoken-word rants.
“In retrospect,” Guarino, the Director of Clinical Programs at JFK University in Orinda, Calif., told ATN last week, “I think it’s more important for (District Attorneys) offices and US Attorneys offices to focus on the tremendous amount of conflict of interest at the top, the accountants, the lawyers, the politicians, and get out of the area of freedom of expression.”
…
In one of life’s great ironies, Guarino said his teenage son “idolizes” Biafra and constantly listens to the punk poet’s CDs of spoken-word rants. “I keep trying to tell him that there’s much more to all of this than what Jello talks about, but he is definitely right about a lot of stuff,” Guarino said about Biafra’s conspiratorial rants. “He’s an interesting guy, but he only sees what he’s in a position to see and he can’t get beyond a quarter-inch or so of what’s going on. In some cases, it’s much worse than he could ever imagine.”
Towards the end of the This American Life segment, interviewer David Seagal (sp?) has called Jello and gotten the two men to talk. Not only do they end up talking about the nearly two-decade old case, but they go on from there, finding more common ground than might be expected and chatting like old friends.
It was an incredibly interesting bit of radio to randomly stumble across. The show (Know Your Enemy) isn’t available online yet, but according to the This American Life website, it should be downloadable in about a week or so. Consider it highly recommended listening.
“California Über Alles” by Disposable Heroes of Hiphoprisy, The from the album Hypocrisy is the Greatest Luxury (1992, 4:13).
