Steven NaryFree the Sailor: Steven Nary, U.S. Navy

On March 23, 1996 a naïve 18-year-old U.S. Navy sailor, stationed on the USS Carl Vinson, went on shore leave in San Francisco. He was having a quiet good time at the Palladium youth disco when he was approached by a 53 year-old sexual predator who enticed him to his apartment with promises of an absent wife, single young girls, and private partying with the girls. Naively, Nary agreed. So Pifarre drove Nary to Pifarre's house which was located in the Potrero Hill section of San Francisco, a remote and hilly area.

While we do not know if the sailor's drinks were drugged by this opportunist, we do know that Steven Nary (the 18-year-old sailor) woke up in Juan Jorge Pifarre's apartment in the midst of a rape by the 53 year-old Mr. Pifarre.

During the fracas that ensued, Pifarre grabbed a shower rod and broke Nary's major hand. Nary then grabbed the same shower rod from Pifarre with his other hand to defend himself. Pifarre's attack was so ferocious that Nary had to choke Pifarre in order to subdue him.

After getting Mr. Pifarre away from him, young Nary fled Pifarre's flat and made his way back to the USS Carl Vinson, his ship. Nary left Pifarre unconscious. Because of Pifarre's history of violence with young males, the neighbors downstairs did not call the police.

 
  

Pifarre died.

His body was not discovered for two days. When later questioned by police, Pifarre's neighbors explained that they'd heard sounds of fighting coming from Pifarre's apartment many times previously, and they didn't think of calling the police. We later learned that the late Juan Jorge Pifarre was a gay politically connected player in local San Francisco politics; he had exceptional political connections. His unpublicized autopsy indicated that he'd used cocaine. His HIV status was never disclosed.

 

 
  

Terence HallinanWithout asking the permission of the Captain of the ship, the Governor of California, and the Secretary of the Navy, San Francisco's District Attorney Terence Hallinan directed San Francisco police to board the USS Carl Vinson (in Alameda County) and take this U.S. Sailor to San Francisco City Prison. Hallinan, In order to do what he did, violated Federal and State laws.

Without asking the permission of the Captain of the ship, the Governor of California, and the Secretary of the Navy, San Francisco's District Attorney Terence Hallinan directed San Francisco police to board the USS Carl Vinson (in Alameda County) and take this U.S. sailor to San Francisco City Prison. In order to do what he did, Hallinan violated Federal and State laws.

Hallinan has a history of conflicts with the U.S. Military.

 
   
  

U.S. Sailor Steven Nary then languished in San Francisco's local prison for over 31/2 years while awaiting trial in a San Francisco court. During this time, this U.S. sailor was denied medical attention for his broken hand. In addition, despite repeated protests from his distraught mother, prison officials denied Mrs. Nary's 18 year-old son access to fresh air, sunlight and outside exercise. In June of 1999, Nary petitioned to get the jurisdiction changed to Federal Court because Nary is a U.S. Navy sailor. Nary argued that he should have been either court-martialed or tried in Federal District Court. His petition was denied; no reason was given. Nary then appealed to the Federal Appellate Court.

While Nary's appeal was pending, Nary was tried in a local San Francisco courtroom. He was defended by a court-appointed attorney. The presiding judge was Kevin Vincent Ryan.

During the trial, this author sat in the courtroom and observed two members of the audience stand up to face the jury wearing large bright orange lapel tags saying "Remember Juan," "Recuerda Juan," "Stop Homophobia," and "Stop Immigrant Bashing," This author noticed that Judge Ryan ignored the10-minute demonstration. Neither the bailiff, the lawyers, nor the judge objected. Later, the two demonstrators lobbied the jurors as they went to lunch, and then they lobbied the jurors after lunch. Again, no one objected. However, this author voiced his objections which are part of all certified court records. Another observer, a disinterested lawyer, also filed a written observation of what happened.

Judge Ryan also invited the audience, including the media, to lunch with the jury. Nary's court appointed lawyer raised no objection.

The Assistant Prosecutor accused the Navy of allowing the word "faggot" to be used among naval ranks; he accused the Navy of promoting a homophobic atmosphere. The prosecutor repeatedly wrote "faggot" on the courtroom blackboard for the jury. Although it turned out to be untrue, the prosecutor also told the jury that Nary's southern California town had gay bathhouses and gay bars near Nary's high school. The prosecutor used this inaccurate statement to show that Nary was a closeted homosexual who was ashamed of going home with Pifarre.

In October of 1999, Nary was found guilty of 2nd Degree Murder. He was sentenced to 16 years-to-life in a California State Prison.

In December of 1999 Nary was secretly transferred to San Quentin Prison to begin serving his sentence; his defense lawyer was not notified.

Thinking Nary was still at the local San Francisco prison, the Navy sent a certified letter to Nary at the San Francisco City Prison. A sheriff's deputy signed for it and this letter was not forwarded to Nary at San Quentin. Neither did the Sheriff return the letter to the Navy. Unfortunately, the Navy's letter gave Nary 30 days to either appeal his conviction or face administrative discharge from the Navy. Steven Nary never received the Navy's letter. In fact, he didn't know it had been sent. It was not until a year late that Nary learned by chance he'd been administratively discharged from the Navy.

After years of appeal, and judges batting the case back and forth between Federal courts, Nary's case now sits huddled at the doorstep of the U.S. Supreme Court. Thus far, it has been a more than eight-year journey where Nary's pleas for justice have been ignored.

Political and judicial pundits who have become aware of the issues in this case are amazed at the arrogance of the local San Francisco judges, lawyers, district attorneys, and other politicos and media who were involved in this instance of local judicial non-accountability.

(All of the aforementioned information has been repeatedly given to the FBI, members of Congress, and the US Navy.)

 
 
    
  
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