Free Sparky Rose

Finally

Finally, I’m out of jail…that was something else…Finally a message from me to you…thanks for being patient, I had a few things to take care of once I got out as I’m sure you can imagine.

First and foremost, thank you, thank you, thank you to my friends and family for your support during this trying time. Thanks to everyone who took the time to write letters to the magistrate on my behalf. Thanks to everyone who offered to sign surety bonds for me. The biggest thanks to those who were required to step up and put their signature on a bond to help me get out. There aren’t words to express my thanks and gratitude to all of you. Specifically I’d like to thank my wife Tracy who took all the weight of my incarceration on her shoulders. Even though we’ve been seperated for over 3 years, both Tracy and her boyfriend Canute were there for me every step of the way. In addition, my mother, Patricia Trunnell and my step-father Harry Trunnell for putting up their home and some cash to pay for my defense team. I love you guys. My brother, Michael WIlson for his emotional support and his efforts to set up my legal defense fund. Stephen and Jennifer Hope for signing a surety bond. Eddie Codel for setting up this website and also signing a surety bond. Nanci Clarence for being the best defense attorney I could ask for. Kate Dyer, Johnathan Howden, Jeffrey Sinek, and Eric Ferraro for being the rest of the best defense team I could ask for. And Jennifer Scarlett, Anna Brown, Jennifer Hill, Rebecca Hill, Evan Kirchoff, Gabriella Marks, Jeffrey Barth, Chris Neumann, Donald and Anabel Foery, John Giesecke, and Tim Rockwood for your emotional support and efforts. Without all of you, I’d be gone and forgotten and for that I can’t thank you enough.

One last shout out to Oscar….the greatest dog on the planet (that’s a dad talking)….I’ve never had a better welcome home…

As for me, well, things are in flux on virtually every level. If there is one thing I can say, don’t believe the hype. The DEA is very good at painting a picture that is not indicative of the situation. My dispensary was a non-profit and to paint me or my employees as profiteers is simply appalling. At this time I can’t really go into specifics however once I have time to sit and meet with my defense team (no, you really don’t get to do that while you’re in jail) I hope to be able to deliver my side of this story and counter their distorted claims.

For those of you who want to assist me in any way, there will be more information posted here in the coming days. I’m currently getting a legal defense fund set up where people can donate money to a non-profit and write the donation off of your taxes. I am also interested in financing my defense through some loans to be paid back on a reasonable schedule for those of you who may not be able to simply throw money at my cause. Fundraising is my primary focus because since I ran my companies above board all of my financial assets were in the bank and all of those assets have been seized. Thanks to my family and friends I’m getting by and hope to start working as a freelance designer again. If you know of any available work out there, give me a buzz. I’m also looking for inexpensive computer gear as it appears as though a group of my employees broke into my apartment while I was in jail and stole everything of value. I was shocked at first but when speaking to other prisoners in jail it is, apparently, a common thing. Needless to say, I’m bummed about all of that. There are other aspects that you can assist with as well…I’m looking for a new apartment as my flat is a bit pricey given my current financial situation…again if you know of anything available or coming available, send it my way…if you’re interested in helping me do some moving, there’s a lot of that to be done in the coming weeks as well…every little thing helps if it saves me money too…

Many of you who know me know this is not me. I don’t ask a lot of favors…I don’t ask for help…as a matter of fact my attorneys were told by many of my closest friends “Sparky will work it out.” Well, while I will obviously do everything I can, this is one job I can’t do alone…at least in the early months while I get my entire life recalibrated to my situation while fundraising and actually staging my defense. I need to lean on my friends, my family, and anyone else who believes in my cause…this will be the fight of and for my life so if you can help, please do.

Before I go I noticed there have been some comments about my lack of support for the medical cannabis movement. Please do a little research and get your facts straight. I’ve made consistent donations to ASA when the money was available to do so and I provided hours and hours of my own time as well as that of my corporate counsel (at my cost) to assisting Ross Mirkarimi’s office in crafting the medical cannabis ordinance governing dispensaries in the City of San Francisco. I also worked with Michela Alioto-Pier’s office during the time the legislation was going to the Board of Supervisors. Everyone can always do more, including myself, but to say that I did nothing is far from the truth.

Thank you all and peace.

Sparky Wilson Rose

It took a while, but Sparky is finally out on bail enjoying the fresh air of freedom. More to come as Sparky gets back to some semblence of a normal life.

Today is a good day for Sparky. He had a detention hearing this morning where a bail agreement was presented and approved by the judge. A one million dollar bond has been arranged for, with $800k of that in sureties from three of Sparky’s friends. The remaining $200k is from equity in the home of members of Sparky’s immediate family. The home piece of the equation requires an appraisal which is still a day or two from completion. Once the apprasal paperwork has been filed with the court, the judge will sign off on all this and release Sparky. Nanci Clarence, Sparky’s lawyer, is confident this will be complete within a day or two at the most. Sparky should be home in time for the weekend.

Sparky appeared in court unshaven in a yellow prison duds, agreed to the bond deal and signed his name to it. He seemed in good spirits considering the situation. He has now been confined in Santa Rita prison in Dublin, California for 13 days. It’s looking as if he won’t have to eat prison food much longer. Thanks to everyone who came out in support of Sparky today. The turnout and letters of support were indeed helpful.

An update from Sparky’s lawyers:

Sparky NEEDS to show support to the judge by having friends, business associates and members of the community present in the courtroom during tomorrow morning’s hearing. This is a detention hearing which will decide whether Sparky is able to post bail or not. He ABSOLUTELY NEEDS his friends present to make a good impression. If you are in the bay area, please come to the Federal Building tomorrow morning, Tuesday October 17, by 9:30am.

US District Court
450 Golden Gate Ave (@ Larkin)
San Francisco, California
15th Floor, Courtroom E

Hearing begins: 9:30am

One more thing. Sparky needs 5 more sureties to guarantee his bail release tomorrow. For a very good explanation of what a surety is, see Tracy’s post. Essentially, a surety is your good faith agreement backed up by a monetary promise guaranteeing that Sparky will not flee the country. It is only a promise, there is no money involved unless Sparky fails to appear. If you know Sparky, you know this is the fight of Sparky’s life and he has absolutely no intention of backing down or taking off to the Bahamas. His passport was turned into the court at his last hearing to back up his good faith intention to see this through the end. Once Sparky is out on bail, he can begin to fight this.

Letters of support are no longer needed right now. Thanks to those who did submit them. Sparky needs letters of support from his friends in the community. Please fax a letter of support to his attorney, Nanci Clarence. Below are details of what should go in the letter, then fax to (415) 749-1694.

—-
Letters should be faxed and sent to me, at address below, and I will deliver them in a package to the Court. DO NOT send letters directly to Court as they will get lost in the shuffle and it is best to send them in one batch from counsel.

The point of the letters is to address the legal standard/concerns the Court must face in determining bail. Those issues are: 1. Is Sparky a “flight risk?” and 2. Is Sparky a danger to the community? The government has to prove both. Danger is presumed in narcotics cases so we need to bring evidence that he is not a danger in any way.

The writer should briefly state his/her name, where residing, occupation , how long s/he has known Sparky, how s/he knows Sparky. Anecdotes about his 1. truthfulness and honesty 2. lack of propensity for violence 3. ethics, including business ethics (if known) 4. generosity, charity, good deeds are always helpful. But the big point here is to establish that he has ties to the community, is honorable and will abide by any conditions or orders for his release set by the Court.

Writing style should be respectful but doesn’t need to follow any format. Best to use your own words.

We are getting this out by Friday, and intend to file it on Monday. It would be ideal to receive letters by fax Thursday. Thanks so much to everyone.

Nanci L. Clarence
Attorney at Law
Clarence & Dyer LLP
899 Ellis Street
San Francisco, CA 94109

Fax: (415) 749-1694

Hi everyone,Well, we are finally making some serious headway. I spoke with Kate Dyer (Nanci Clarence’s law partner) Wednesday night to put together an exact chronology of Sparky’s life, explaining the purpose of particular moves, job changes, and travel. The prosecution has been trying to paint this picture of a guy that has multiple addresses, constant travel, domestic and abroad, and inaccurate details such as a living in SF for the last 4 yrs. (it’s been nearly 8 ), and no previous work history prior to the pot club (isn’t that an oversight). At the end of the day = their justification for declaring him a high flight risk and evidently a threat to the community. When I heard that, I asked if they “had seen him?” I assured them that Sparky was a guy who was a man of his “tribe” so to speak. The thought of fleeing the country would be an exile that I truly believe would be harder for
Sparky than prison. I can say that with confidence just looking at Oscar and having talked with Sparky just yesterday after a week and a half in jail. I also told Kate he considered his domestic trips to see the Redskins (almost all of his recent travel) similar to someone making the treks to the Oakland coliseum for the Raider’s games.

Thursday morning they submitted the much more factual and detailed report to the court and as most of you know now, made a deal with the prosecution for his bail.

The bond is a significant amount–$1million—but can be satisfied with the posting of a combination of property and “sureties.” Both Harry Trunnel (Sparky’s stepfather) and a friend in SF have agreed to put up their homes for the bond. We are now looking for people willing to be “sureties” to reach the bond amount.

A “surety” is someone who comes to court, and while not posting actual property or cash, signs a bond that secures the individual’s release. If the individual makes all court appearances, the bond is extinguished at the end of the case, and there is no cost. Please consider signing on to such a bond. This will require you to go to Court and sign in a court proceeding after acknowledging that you knowingly are taking the risk of signing the bond. (the risk being enforced only if Sparky flees the country) In practical terms, it would be fantastic if you could come to SF to do this next Tuesday when we have court at 9:30, but it can also be done in a court near your home (the optics are obviously more persuasive here in SF, but for those living out of town certainly understandable).

Please NOTE: The prosecution and defense have agreed upon these bail terms and definitely allows Sparky’s release on bail upon the judge’s blessing.

When Nanci Clarence called me with the great news, I immediately signed on as a “surety”. There are quite a few people that I am waiting to hear back from that I hope will do the same. Including the property, if we can get at least 8 sureties, then each only needs to pledge $100,000, the minimum amount for a surety, and of course, the more people, the more convincing it is to the judge. I don’t mean to make light of a $100,000 surety. But there is no credit check or impact on one’s credit. In fact, it doesn’t cost us anything! They don’t want financial records or copies of your taxes, simply a promise! A promise, that if Sparky flees the country the govt. can hunt you down and hound you until they get paid.

People, Sparky would never ever do that. Period! You may or may not agree with what Sparky has been doing for business. Truthfully, I don’t know that any of us really know the exact ins & outs of what he has been doing. It certainly wasn’t something I even wanted to know about. Believe me, I think he has a very, very long road ahead of him. But, knowing Sparky the way I do, I know that Sparky will face this head on. If we make these pledges of surety, he will show you the loyalty of a golden retriever and then some. If we get enough people and can exceed the court’s requirement, just imagine how empowering that would be for Sparky and how much more comforting that would be for everyone making the pledge!! Let’s make the prosecution sweat a little!

Getting Sparky out of jail, albeit on bail, is the first small step that we can make for him. Once he is out on bail he can take it from there. This could very easily go on for years. I’m sure Sparky will practically have a law degree by the time it’s over. But listen, that is his burden. One he was willing to take on when he got into this. Our job as friends is to show our support and have faith in him. In the scheme of things, I don’t think it’s asking too much. Please, everyone, consider it very seriously. The impact will be profound.

Thank you all for your continued care and concern,
Most Sincerely,
Tracy Rose
Gallery FLUX