Thursday, September 20, 2007

Hung Jury in Favor of Acquittal in Rod Coronado Free Speech Case

San Diego, Calif.-After more than two full days of deliberation, a
12-person jury informed Judge Jeffrey Miller they were hopelessly
deadlocked and determined that further deliberation would not
deliver unanimity. Outside the courtroom, attorneys were informed
that the majority was voting for acquittal of the environmental and
animal rights activist on trial for a speech he gave in San Diego
in 2003. In order to convict under the obscure statute, (18 USC §
842 (p)(2)(A)), which makes it a crime to demonstrate how to build
a destructive device with the intent that it be used in furtherance
of a crime of violence), the jury would have had to determine on
three criteria: that his speech was instructive, that he had intent
to incite those present to violent action, and that the incitement
was to imminent action. Otherwise, such speech is protected under
the First Amendment. A status conference was scheduled for
September 28 in the same court to determine whether the case will
continue. Rod Coronado is headed home to Tucson, Arizona with his
wife to reunite with his children and return to his job.

Omar Figueroa, an attorney on the legal team said, “We had a good
jury and they upheld the Constitution. It’s a great day for
Constitutional Rights.”

Attorney Tony Serra, also part of the legal team said, “If these
prosecutors opt to re-try this case, then they are the puppets we
know they are, in the business of suppressing Constitutional
rights. We hung the jury probably 10-2 or 9-3 (that specific
information was not available from the jurors), so we know they can
never win. So they would be fools to retry, but this is political
and their agenda is political. If they re-try, we will win again.”

Attorney Jerry Singleton reminded those present that Coronado has
not been an advocate of direct action since 2006, and in fact
renounced the type of direct action he formerly participated in,
and is opting instead to work on building sustainable communities
with his family.

For more information, please visit supportrod.org

No comments: