Judge: Jahi McMath may be alive, lawsuit can proceed – SFGate

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Photo: Courtesy Of The Dolan Law Firm

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An image of Jahi McMath taken by her mother, Nailah, on Oct. 2, 2014.

An image of Jahi McMath taken by her mother, Nailah, on Oct. 2, 2014.


Photo: Courtesy Of The Dolan Law Firm

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This undated file photo provided by the McMath family and Omari Sealey shows Jahi McMath, the girl who was declared brain dead after a tonsillectomy at Children’s Hospital. She now lives with her mother in New Jersey. less
This undated file photo provided by the McMath family and Omari Sealey shows Jahi McMath, the girl who was declared brain dead after a tonsillectomy at Children’s Hospital. She now lives with her mother in New … more


Photo: Uncredited, AP

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Nailah Winkfield, mother of Jahi McMath, attends a court hearing to discuss the treatment of her daughter in Oakland on Monday, Dec. 23, 2013.

Nailah Winkfield, mother of Jahi McMath, attends a court hearing to discuss the treatment of her daughter in Oakland on Monday, Dec. 23, 2013.


Photo: Kristopher Skinner, Associated Press

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This undated photo provided by the McMath family and Omari Sealey shows Jahi McMath.

This undated photo provided by the McMath family and Omari Sealey shows Jahi McMath.


Photo: Associated Press

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An image of Jahi McMath taken by her mother, Nailah, on Thursday, October 2, 2014.

An image of Jahi McMath taken by her mother, Nailah, on Thursday, October 2, 2014.


Photo: Courtesy Of The Dolan Law Firm

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Nailah Winkfield, the mother of brain-dead girl Jahi McMath, embraces her brother Omari Sealey, after they stated that the court order to remove Jahi from a ventilator has been extended to January 7th 2014.

Nailah Winkfield, the mother of brain-dead girl Jahi McMath, embraces her brother Omari Sealey, after they stated that the court order to remove Jahi from a ventilator has been extended to January 7th 2014.


Photo: Michael Macor / The Chronicle

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This undated file photo provided by the McMath family and Omari Sealey shows Jahi McMath, the 13-year-old girl who was declared brain dead Dec. 12, 2013 after suffering complications from sleep apnea surgery.

This undated file photo provided by the McMath family and Omari Sealey shows Jahi McMath, the 13-year-old girl who was declared brain dead Dec. 12, 2013 after suffering complications from sleep apnea surgery.


Photo: Uncredited, Associated Press

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Omari Sealey (left), Jahi McMath’s uncle, walks back into Children’s Hospital with attorney Christopher Dolan after a news conference in Oakland, Calif. on Thursday, Dec. 19, 2013. The family of McMath, the 13-year-old who was declared brain dead after complications developed from tonsil surgery, is threatening legal action if the hospital refused to keep her on life support. less
Omari Sealey (left), Jahi McMath’s uncle, walks back into Children’s Hospital with attorney Christopher Dolan after a news conference in Oakland, Calif. on Thursday, Dec. 19, 2013. The family of McMath, the … more


Photo: Paul Chinn, The Chronicle

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With attorney Chris Dolan at her side, Nailah Winkfield mother of Jahi McMath, 13, describes her daughter to journalists during a news conference in Oakland, Calif. on Tuesday, Dec. 17, 2013. Jahi McMath became brain dead after a tonsil surgery and the family has had to resist attempts by Children’s Hospital staff to take her off of life support. less
With attorney Chris Dolan at her side, Nailah Winkfield mother of Jahi McMath, 13, describes her daughter to journalists during a news conference in Oakland, Calif. on Tuesday, Dec. 17, 2013. Jahi McMath became … more


Photo: Mathew Sumner, Special To The Chronicle

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Omari Sealey, uncle of Jahi McMath, 13, attends a news conference in Oakland, Calif. on Tuesday, Dec. 17, 2013. Jahi McMath became brain dead after a tonsil surgery and the family has had to resist attempts by Children’s Hospital staff to take her off of life support. less
Omari Sealey, uncle of Jahi McMath, 13, attends a news conference in Oakland, Calif. on Tuesday, Dec. 17, 2013. Jahi McMath became brain dead after a tonsil surgery and the family has had to resist attempts by … more


Photo: Mathew Sumner, Special To The Chronicle

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Milton McMath, father of Jahi McMath, 13, attends a news conference in Oakland, Calif. on Tuesday, Dec. 17, 2013. Jahi McMath became brain dead after a tonsil surgery and the family has had to resist attempts by Children’s Hospital staff to take her off of life support. less
Milton McMath, father of Jahi McMath, 13, attends a news conference in Oakland, Calif. on Tuesday, Dec. 17, 2013. Jahi McMath became brain dead after a tonsil surgery and the family has had to resist attempts … more


Photo: Mathew Sumner, Special To The Chronicle

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Nailah Winkfield mother of Jahi McMath, 13, attends a news conference in Oakland, Calif. on Tuesday, Dec. 17, 2013. Jahi McMath became brain dead after a tonsil surgery and the family has had to resist attempts by Children’s Hospital staff to take her off of life support. less
Nailah Winkfield mother of Jahi McMath, 13, attends a news conference in Oakland, Calif. on Tuesday, Dec. 17, 2013. Jahi McMath became brain dead after a tonsil surgery and the family has had to resist attempts … more


Photo: Mathew Sumner, Special To The Chronicle

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Attoney Chris Dolan, right, talks with journalists as Jahi McMath’s father Milton McMath, left, mother Nailah Winkfield, and uncle Omari Sealey stand by during a news conference in Oakland, Calif. on Tuesday, Dec. 17, 2013. Jahi McMath became brain dead after a tonsil surgery. less
Attoney Chris Dolan, right, talks with journalists as Jahi McMath’s father Milton McMath, left, mother Nailah Winkfield, and uncle Omari Sealey stand by during a news conference in Oakland, Calif. on Tuesday, … more


Photo: Mathew Sumner, Special To The Chronicle

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Nailah Winkfield, mother of Jahi McMath, gets a hug from a well-wisher after a prayer vigil for her daughter at Paradise Baptist Church in Oakland, Calif. on Wednesday, Dec. 18, 2013. McMath became brain dead after a tonsil surgery that was followed by bleeding and a heart attack while recovering in the hospital.

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Nailah Winkfield, mother of Jahi McMath, gets a hug from a well-wisher after a prayer vigil for her daughter at Paradise Baptist Church in Oakland, Calif. on Wednesday, Dec. 18, 2013. McMath became brain dead

… more


Photo: Mathew Sumner, Special To The Chronicle

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Omari Sealey, Jahi McMath’s uncle, appears at a news conference in front of Children’s Hospital in Oakland, Calif. on Thursday, Dec. 19, 2013.

Omari Sealey, Jahi McMath’s uncle, appears at a news conference in front of Children’s Hospital in Oakland, Calif. on Thursday, Dec. 19, 2013.


Photo: Paul Chinn, The Chronicle

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Dr. David J. Durand, chief of pediatrics of Children’s Hospital Oakland, left, sits in a court room as Nailah Winkfield, center, shares a photograph with her husband Martin Winkfield, right after a hearing on their 13-year-old daughter Jahi McMath on Monday, Dec. 23, 2013 in Oakland, Calif. McMath remains on life support at the Children’s Hospital Oakland after doctors declared her brain dead following a routine tonsillectomy procedure. less
Dr. David J. Durand, chief of pediatrics of Children’s Hospital Oakland, left, sits in a court room as Nailah Winkfield, center, shares a photograph with her husband Martin Winkfield, right after a hearing on … more


Photo: Stephen Lam, Special To The Chronicle

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Nailah Winkfield, mother of 13-year-old Jahi McMath, cries before a court hearing on Monday, Dec. 23, 2013 in Oakland, Calif. McMath remains on life support at the Children’s Hospital Oakland after doctors declared her brain dead following a routine tonsillectomy procedure.
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Nailah Winkfield, mother of 13-year-old Jahi McMath, cries before a court hearing on Monday, Dec. 23, 2013 in Oakland, Calif. McMath remains on life support at the Children’s Hospital Oakland after doctors … more


Photo: Stephen Lam, Special To The Chronicle

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LaVonte Thompson, 16, who is a close friend of Jahi McMath marching as he chants,”keep Jahi alive,” around the vicinity of the Children’s Hospital, Monday December 23, 2013, in Oakland, Calif.

LaVonte Thompson, 16, who is a close friend of Jahi McMath marching as he chants,”keep Jahi alive,” around the vicinity of the Children’s Hospital, Monday December 23, 2013, in Oakland, Calif.


Photo: Lacy Atkins, The Chronicle

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Jahi McMath’s little sister Makhai, McMath, 8, marches with other family members and supporters around the vicinity of the Children’s Hospital, chanting, “Keep Jahi alive”, Monday December 23, 2013, in Oakland, Calif. less
Jahi McMath’s little sister Makhai, McMath, 8, marches with other family members and supporters around the vicinity of the Children’s Hospital, chanting, “Keep Jahi alive”, Monday December 23, 2013, in … more


Photo: Lacy Atkins, The Chronicle

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Martin Winkfield arrives for a hearing in Alameda County Superior Court to determine the condition of his 13-year-old stepdaughter Jahi McMath in Oakland, Calif. on Tuesday, Dec. 24, 2013. McMath was determined to be clinically brain dead following complications from a routine tonsillectomy at Children’s Hospital in Oakland. Dr. Paul Fisher, chief of pediatric neurology at Lucile Packard Children’s Hospital, concurred that Jahi meets all the criteria of brain death.

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Martin Winkfield arrives for a hearing in Alameda County Superior Court to determine the condition of his 13-year-old stepdaughter Jahi McMath in Oakland, Calif. on Tuesday, Dec. 24, 2013. McMath was determined

… more


Photo: Paul Chinn, The Chronicle

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David Durand (left) chief of pediatrics at Children’s Hospital, confers with attorney Douglas Straus at a hearing in Alameda County Superior Court to determine the condition of 13-year-old Jahi McMath in Oakland, Calif. on Tuesday, Dec. 24, 2013. McMath was determined to be clinically brain dead following complications from a routine tonsillectomy at Children’s Hospital in Oakland. Dr. Paul Fisher, chief of pediatric neurology at Lucile Packard Children’s Hospital, concurred that Jahi meets all the criteria of brain death. less
David Durand (left) chief of pediatrics at Children’s Hospital, confers with attorney Douglas Straus at a hearing in Alameda County Superior Court to determine the condition of 13-year-old Jahi McMath in … more


Photo: Paul Chinn, The Chronicle

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Dr. Paul Fisher (front), chief of pediatric neurology at Lucile Packard Children’s Hospital, emreges from a closed door session in Judge Evilio Grillo’s chambers at a hearing in Alameda County Superior Court to determine the condition of 13-year-old Jahi McMath in Oakland, Calif. on Tuesday, Dec. 24, 2013. McMath was determined to be clinically brain dead following complications from a routine tonsillectomy at Children’s Hospital in Oakland. Dr. Fisher concluded that Jahi meets all the criteria of brain death. less
Dr. Paul Fisher (front), chief of pediatric neurology at Lucile Packard Children’s Hospital, emreges from a closed door session in Judge Evilio Grillo’s chambers at a hearing in Alameda County Superior Court to … more


Photo: Paul Chinn, The Chronicle

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Alameda County Superior Court judge Evilio Grillo convenes a hearing to determine the condition of 13-year-old Jahi McMath in Oakland, Calif. on Tuesday, Dec. 24, 2013. McMath was determined to be clinically brain dead following complications from a routine tonsillectomy at Children’s Hospital in Oakland. Dr. Paul Fisher, chief of pediatric neurology at Lucile Packard Children’s Hospital, concurred that Jahi meets all the criteria of brain death. less
Alameda County Superior Court judge Evilio Grillo convenes a hearing to determine the condition of 13-year-old Jahi McMath in Oakland, Calif. on Tuesday, Dec. 24, 2013. McMath was determined to be clinically … more


Photo: Paul Chinn, The Chronicle

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Court-appointed witness Dr. Paul Fisher (left), chief of pediatric neurology at Lucile Packard Children’s Hospital testifies at a hearing in Alameda County Superior Court to determine the condition of 13-year-old Jahi McMath in Oakland, Calif. on Tuesday, Dec. 24, 2013. At right is McMath’s family attorney, Christopher Dolan. McMath was determined to be clinically brain dead following complications from a routine tonsillectomy at Children’s Hospital in Oakland. Dr. Fisher concluded that Jahi meets all the criteria of brain death. less
Court-appointed witness Dr. Paul Fisher (left), chief of pediatric neurology at Lucile Packard Children’s Hospital testifies at a hearing in Alameda County Superior Court to determine the condition of … more


Photo: Paul Chinn, The Chronicle

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Attorney Christopher Dolan (second from right) confers with Martin Winkfiled, Sandra Chatman and Omari Sealey, family members of Jahi McMath, during a hearing to determine the condition of the 13-year-old in Oakland, Calif. on Tuesday, Dec. 24, 2013. McMath was determined to be clinically brain dead following complications from a routine tonsillectomy at Children’s Hospital in Oakland. Dr. Paul Fisher, chief of pediatric neurology at Lucile Packard Children’s Hospital, concurred that Jahi meets all the criteria of brain death. less
Attorney Christopher Dolan (second from right) confers with Martin Winkfiled, Sandra Chatman and Omari Sealey, family members of Jahi McMath, during a hearing to determine the condition of the 13-year-old in … more


Photo: Paul Chinn, The Chronicle

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Martin Winkfield, stepfather of Jahi McMath, reacts to testimony at a hearing in Alameda County Superior Court to determine the condition of the 13-year-old in Oakland, Calif. on Tuesday, Dec. 24, 2013. At right is Jahi’s grandmother Sandra Chatman. McMath was determined to be clinically brain dead following complications from a routine tonsillectomy at Children’s Hospital in Oakland. Dr. Paul Fisher, chief of pediatric neurology at Lucile Packard Children’s Hospital, concluded that Jahi meets all the criteria of brain death.

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Martin Winkfield, stepfather of Jahi McMath, reacts to testimony at a hearing in Alameda County Superior Court to determine the condition of the 13-year-old in Oakland, Calif. on Tuesday, Dec. 24, 2013. At

… more


Photo: Paul Chinn, The Chronicle

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Martin Winkfield attends a hearing in Alameda County Superior Court to determine the condition of his 13-year-old stepdaughter Jahi McMath in Oakland, Calif. on Tuesday, Dec. 24, 2013. McMath was determined to be clinically brain dead following complications from a routine tonsillectomy at Children’s Hospital in Oakland. Dr. Paul Fisher, chief of pediatric neurology at Lucile Packard Children’s Hospital, concurred that Jahi meets all the criteria of brain death. less
Martin Winkfield attends a hearing in Alameda County Superior Court to determine the condition of his 13-year-old stepdaughter Jahi McMath in Oakland, Calif. on Tuesday, Dec. 24, 2013. McMath was determined to … more


Photo: Paul Chinn, The Chronicle

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Sam Singer, the spokesperson for the hospital makes a statement to the news media in front of Children’s Hospital in Oakland, Ca., on Monday Dec. 30, 2013.

Sam Singer, the spokesperson for the hospital makes a statement to the news media in front of Children’s Hospital in Oakland, Ca., on Monday Dec. 30, 2013.


Photo: Michael Macor, The Chronicle

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Sam Singer, the spokesperson for the hospital makes a statement to the news media in front of Children’s Hospital in Oakland, Ca., on Monday Dec. 30, 2013 on 13-year-old Jahi McMath.

Sam Singer, the spokesperson for the hospital makes a statement to the news media in front of Children’s Hospital in Oakland, Ca., on Monday Dec. 30, 2013 on 13-year-old Jahi McMath.


Photo: Michael Macor, The Chronicle

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Jahi’s Uncle Omari Sealey, (left) listens as Sandra Chatman talks about her grandaughter Jahi McMath while being joined by the family attorney Christopher Dolan, as they speak to the news media about the court ordered extension in front of Children’s Hospital in Oakland, Ca., on Monday Dec. 30, 2013.
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Jahi’s Uncle Omari Sealey, (left) listens as Sandra Chatman talks about her grandaughter Jahi McMath while being joined by the family attorney Christopher Dolan, as they speak to the news media about the court … more


Photo: Michael Macor, The Chronicle

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Omari Sealey who is an Uncle to Jahi McMath, reads a statement by the family to the news median in front of Children’s Hospital in Oakland, Ca., on Monday Dec. 30, 2013.

Omari Sealey who is an Uncle to Jahi McMath, reads a statement by the family to the news median in front of Children’s Hospital in Oakland, Ca., on Monday Dec. 30, 2013.


Photo: Michael Macor, The Chronicle

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The mother of Jahi, Nailah Winkfield speaks to the news media about the court ordered extension while in front of Children’s Hospital in Oakland, Ca., on Monday Dec. 30, 2013.

The mother of Jahi, Nailah Winkfield speaks to the news media about the court ordered extension while in front of Children’s Hospital in Oakland, Ca., on Monday Dec. 30, 2013.


Photo: Michael Macor, The Chronicle

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Marvin Winkfield places his arm around his wife Nailah Winkfield, mother of 13-year-old Jahi McMath, as they wait outside a courtroom Friday, Jan. 3, 2014, in Oakland, Calif.

Marvin Winkfield places his arm around his wife Nailah Winkfield, mother of 13-year-old Jahi McMath, as they wait outside a courtroom Friday, Jan. 3, 2014, in Oakland, Calif.


Photo: Ben Margot, Associated Press

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The mother of Jahi McMath, Nailah Winkfield embraces her brother Omari Sealey, after they stated that the court order to remove Jahi from a ventilator has been extended to January 7th 2014. The statement was made by the family to the news media in front of Children’s Hospital in Oakland. less
The mother of Jahi McMath, Nailah Winkfield embraces her brother Omari Sealey, after they stated that the court order to remove Jahi from a ventilator has been extended to January 7th 2014. The statement was … more


Photo: Michael Macor, The Chronicle

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Marvin Winkfield, stepfather of 13-year-old Jahi McMath, waits outside a courtroom Friday, Jan. 3, 2014, in Oakland, Calif.

Marvin Winkfield, stepfather of 13-year-old Jahi McMath, waits outside a courtroom Friday, Jan. 3, 2014, in Oakland, Calif.


Photo: Ben Margot, Associated Press

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The mother of Jahi McMath, Nailah Winkfield embraces her brother Omari Sealey, after they stated that the court order to remove Jahi from a ventilator has been extended to January 7th 2014. The statement was made by the family to the news media in front of Children’s Hospital in Oakland, Ca. , on Monday Dec. 30, 2013. McMath is still on a ventilator.
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The mother of Jahi McMath, Nailah Winkfield embraces her brother Omari Sealey, after they stated that the court order to remove Jahi from a ventilator has been extended to January 7th 2014. The statement was … more


Photo: Michael Macor, The Chronicle

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The Uncle of Jahi McMath, Omari Sealey states that the court order to remove Jahi from a ventilator had been extended to January 7th 2014.

The Uncle of Jahi McMath, Omari Sealey states that the court order to remove Jahi from a ventilator had been extended to January 7th 2014.


Photo: Michael Macor, The Chronicle

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Reporters questioned attorney Christopher Dolan and Jahi’s uncle Omari Sealey at Dolan’s law offices Monday January 6, 2014 in San Francisco, Calif. Attorney Christopher Dolan and uncle Omari Sealey announced that Jahi McMath has been moved to another medical facility and is receiving antibiotics and nutrients. less
Reporters questioned attorney Christopher Dolan and Jahi’s uncle Omari Sealey at Dolan’s law offices Monday January 6, 2014 in San Francisco, Calif. Attorney Christopher Dolan and uncle Omari Sealey announced … more


Photo: Brant Ward, The Chronicle

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Attorney Chris Dolan looks at an MRI of Jahi McMath at a news conference where he showed video that he says demonstrates that McMath is not brain dead in San Franicisco on Thursday, Oct. 3, 2014.

Attorney Chris Dolan looks at an MRI of Jahi McMath at a news conference where he showed video that he says demonstrates that McMath is not brain dead in San Franicisco on Thursday, Oct. 3, 2014.


Photo: Mathew Sumner / Special To The Chronicle

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Attorney Chris Dolan holds a news conference where he showed evidence that he says demonstrates that Jahi McMath is not brain dead in San Francisco on Thursday, Oct. 3, 2014.

Attorney Chris Dolan holds a news conference where he showed evidence that he says demonstrates that Jahi McMath is not brain dead in San Francisco on Thursday, Oct. 3, 2014.


Photo: Mathew Sumner, Special To The Chronicle

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