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Report from Rod Coronado trial<br>
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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.<br>
<br>
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.<br>
<br>
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.<br><br>
<br><br>
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:<br><br>
· the “fighting words” exception
(Chaplinsky v New Hampshire)<br><br>
· the obscenity exception (Miller vs
California), and<br><br>
· the “clear and present danger” exception
(Brandenburg v. Ohio).<br><br>
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.”<br><br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br><br>
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