[Ppnews] Report from Rod Coronado Trial

[Political Prisoner News]

Report from Rod Coronado trial

After spending the court day on Monday with jury 
selection, the 12 person (plus one alternate) was 
seated Tuesday morning, Sept. 11, and opening 
statements were made by both prosecution and 
defense attorneys before Tuesday’s noon lunch 
break. The jury is mostly white in this 
conservative town with a large military 
population, with one African American and 4 
Latino, and a seven/five gender split, with two more women than men.

Prosecuting for the federal government are 
Assistant U.S. Attorneys Michael Skerlos and John 
Parmley. Rod’s legal team includes San Diego 
attorney Jerry Singleton, San Francisco attorneys 
Tony Serra, Omar Figueroa, Ben Rosenfeld and 
paralegal Steve Christianson.  It is a great team 
that has now been effectively gagged, as the 
judge admonished the defendant and his lawyers 
about generating media attention. The judge was 
upset about an AP story that appeared the first 
day of court, and after a noon press conference 
on Tuesday, the defense team was called on the 
carpet again after the government attorneys went 
running to the judge complaining. We had 
misunderstood the judge in thinking he just did 
not want Rod speaking to media—turns out he wants 
all lips zipped. Two FBI agents were skulking 
around the press conference pretending to talk on 
their cell phones while recording conversations.

Tony Serra was in great form at the press 
conference however, talking about the government 
trampling on their own flag, and burning, 
figuratively, the Constitution, in prosecuting 
this crime of speech. The government charges are 
“demonstrating how to make a destructive device” 
(18 USC 842 (p)(2)(A)), as a result of answering 
a question posed by an audience member at a 
speech that Rod gave in San Diego on August 1, 
2003. The Dept. of Justice (DOJ) has reportedly 
used this law only four times, but has used it 
twice now against political dissidents.



This case is clearly one that revolves around the 
issue of Free Speech and the First Amendment. The 
Supreme Court has carved out three famous exceptions to free speech:

·      the “fighting words” exception (Chaplinsky v New Hampshire)

·      the obscenity exception (Miller vs California), and

·      the “clear and present danger” exception (Brandenburg v. Ohio).

However, each exception is extremely limited. As 
Justice William Brandeis eloquently wrote in 
1927: “Fear of serious injury cannot alone 
justify suppression of free speech. It is the 
function of speech to free men from the bondage 
of irrational fears. No danger flowing from 
speech can be deemed clear and present, unless 
the incidence of the evil apprehended is so 
imminent that it may befall before there is 
opportunity for full discussion. The remedy to be 
applied is more speech, not enforced silence.”

Defense attorneys made the point today when a San 
Diego undercover cop was on the stand that 
although two members of the San Diego Joint 
Terrorism Task Force were present in the audience 
when Rod made the speech, they did not arrest Mr. 
Coronado until 30 months later.  Aren’t they 
supposed to act on observance of commission of a 
crime?, asked attorney Tony Serra on cross examination.

Prior to the cop’s time on the stand, a video 
tape of the 2003 speech was shown to the jury and 
the courtroom. The government had sought to bring 
in excerpts of the speech—obviously comments that 
would seem inflammatory when taken out of 
context. The defense argued to contextualize the 
excerpts by bringing in the entire speech, so 
that is what happened. It was truly amazing to 
have such a strong, passionate speech about 
biocentrism, an indigenous world view and respect 
for all species be presented in a federal 
courtroom. Some jurors appeared to listen raptly.

The prosecution was able to bring in a fire chief 
and dramatic footage of the fire at the new 
development that ELF took responsibility for that 
occurred in 2003 in San Diego about 14 hours 
before Rod’s speech (and while he was still in 
Arizona) and that blazing footage was, of course, 
what made it on this evening’s news report of the trial.

We expect ATF, more cops and more speech excerpts 
tomorrow. If the prosecution wraps up by the end 
of Wednesday, as expected, the defense will start on Thursday morning.

The legal team is doing a great job. Government 
agents are everywhere. Rod and Chrysta and 
everyone working on this case need and deserve your support and prayers.




Freedom Archives
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San Francisco, CA 94110

415 863-9977

www.Freedomarchives.org  
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