Sparky update from Tracy Rose
Uncategorized October 13th, 2006Hi 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 “suretyâ€. 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
October 14th, 2006 at 1:26 pm
In my letter to Magistrate Judge Laporte, I focused on my hiring Sparky at Discovery Communications in 1998 and repeatedly since then for new media business and graphic design projects, as well as serving as an employment reference, specifically for his “senior staff position at Robert Half International in SF.” Hope this assuages the prosecution’s erroneous concerns about his purported transience.
Great job Tracy.
Tim and Jessica
October 14th, 2006 at 4:24 pm
Just off phone (12:15pm EDT Saturday) with Sparkles, as Jeff calls him, and his mood was entirely upbeat. He’s grateful for everyone’s support and expects to get sprung Tuesday and begin the next phase of this long-term constitutional struggle. Furthur!
October 14th, 2006 at 9:27 pm
This is from today’s New York Times, page A8:
Medical Marijuana Advocate Faces New U.S. Indictment
By CAROLYN MARSHALL
Published: October 14, 2006
SAN FRANCISCO, Oct. 13 — A leading medical marijuana advocate who successfully appealed his federal conviction this year has been indicted on new criminal charges that include tax evasion and money laundering.
The man, Ed Rosenthal, a well-known spokesman for the movement to legalize marijuana, was already facing a retrial on federal charges of growing marijuana for medical use. He is to be arraigned Monday in Federal District Court here on the new indictment, unsealed late Thursday.
It accuses Mr. Rosenthal, 61, of 14 felony charges that include cultivating marijuana plants; laundering $1,850, which the government says he got from selling the plants to medical dispensaries; and tax evasion. His tax returns, prosecutors said, omitted income from the sale of the plants.
Reached Friday at his home in Oakland, Mr. Rosenthal said he thought the efforts to prosecute him were part of a campaign to shutter medical marijuana sites in California and to subvert the state law allowing them.
“They want to shut me up,†he said. “They are vindictive. They don’t like anybody beating them, and they will go after you again and again until they wear you down.â€
The state and the federal government have been locked in a legal and cultural battle over the medicinal merits of marijuana since 1996, when California voters approved a ballot measure giving seriously ill patients the right to buy and use the drug with a doctor’s prescription.
The Drug Enforcement Agency has been aggressive in investigating medical marijuana facilities. Last week, the authorities raided and closed five Bay Area sites, arresting 15 people.
A spokesman for the United States attorney’s office, Luke Macaulay, would not comment on the new indictment, but said, “Drugs are a priority for the Justice Department, being that marijuana is illegal under federal law.â€
The new charges against Mr. Rosenthal are similar to those in a 2002 federal indictment. At the time, Mr. Rosenthal worked for the City of Oakland and was sanctioned under city and state laws to grow marijuana plants and sell them to dispensaries. He was convicted by a jury, but a federal appeals court overturned the decision, citing juror misconduct. He was granted a new trial, and prosecutors were moving forward, but the new federal indictment supersedes the earlier one.
October 15th, 2006 at 1:46 am
Tracy
Thank you. I will send a letter expressing my full support of Sparky after this email. It would be good if someone could confirm the address for me. I’m not sure my respect for you (and Sparky) is likely to increase but that seems to be the case. Somewhere, there must be legally schooled adults on the taxpayer dime who are badly in need of something better to do.
DTL
October 15th, 2006 at 4:24 pm
I too focused my letter on his long history of business success and his drive to grow anything he touches. My hope was they would see he is growing this business just like he would any other in which he was involved.
October 17th, 2006 at 12:42 am
[...] 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. [...]
October 17th, 2006 at 11:34 pm
Many of us are waiting for an update of today’s proceedings. Any news?
And then there’s this:
Copyright 2006 The Financial Times Limited
Financial Times (London, England)
October 14, 2006 Saturday
London Edition 1
SECTION: EUROPE; Pg. 7
LENGTH: 492 words
HEADLINE: TV show’s drugs test prank and current affairs quiz leave
Italian MPs red-faced PARLIAMENT
BYLINE: By TONY BARBER
DATELINE: ROME
BODY:
Members of Italy’s parliament were left red-faced this week when a
popular television programme carried out two stunts that appeared to
expose at least a few of them as either drug-users or plain stupid.
Le Iene (The Hyenas), a TV show known that pokes fun at the
establishment, tricked 50 legislators into giving interviews about
Italy’s 2007 budget, while a fake make-up artist did drug-wipe tests
on their foreheads.
The show’s producers said the tests revealed that 12 of the MPs
tested positive for cannabis and another four for cocaine use.
It was a particularly sensitive allegation to make. Last February,
Italy’s parliament passed one of the toughest anti-drugs laws in
Europe, making it an offence to possess even modest amounts of
marijuana or cocaine, and drawing no distinction be-tween “hard” and
“soft” drugs.
Yet as some lawmakers acknowledged, drug-taking among the political
classes is hardly anything new. “It’s obvious that drugs circulate
among some politicians,” said Paolo Ferrero, minister for social
solidarity.
He and other members of the centre-left coalition that came to power
in May want to abolish the February law. One or two admit openly to
having taken drugs.
“I have nothing to hide. I’ve done drugs in the past. But my
preferred drugs now are good wine and sex. Each to his own vice,”
said Franco Grillini, of the Democrats of the Left, the largest
government party.
Other legislators were less relaxed about the prank by Le Iene and
denounced it as an invasion of privacy.
Amid the uproar, Italy’s commercial TV regulator ordered the
programme not to be shown.
In its place, however, Le Iene broadcast an item in which reporters
buttonholed legislators outside parliament and tested their knowledge
of current affairs.
In some cases, the results were perhaps just as embarrassing as the
drug test claims.
Some did not know which country Nelson Mandela, the former South
African president and human rights champion, was from.
One lawmaker defined Darfur, the region of Sudan where one of the
world’s most horrific ethnic conflicts is raging, as “a lifestyle, a
hurried one”.
Another parliamentarian did not know what Consob, Italy’s stock
market regulator, was.
According to Gianpaolo Silvestri, a Green party senator, Le Iene’s
report hit its target. “There are too many ignoramuses in
parliament,” he declared.
Meanwhile, the drugs debate refused to go away, with one of Italy’s
most prominent leaders proposing a bill to introduce mandatory drug
tests for all legislators.
“Italian citizens have the right to know if themembers of parliament
they have elected are drug abusers or not,” said Pier Ferdinando
Casini, a former speaker of parliament’s lower house, who is
sometimes tipped as a future prime minister.
It proved a step too far for many of his colleagues.
Sergio Pizzolante of the opposition Forza Italia party said the idea
was so bad that he would support mandatory drug tests only if Mr
Casini submitted to an IQ test.
October 24th, 2006 at 12:21 am
I’ve known Sparky professionally for over 10 years. Our companies shared office space before they eventually merged. We have many mutual friends, yet he and I are not “best friends” by any measure.
So why am I writing?
It’s simple actually. Sparky is one of the most talented, driven, and accomplished entrepreneurs I’ve worked with. His work ethic and work products are second to none. I wouldn’t hesitate to hire him, work for him or partner with him. It’s all good as long as he is involved.
We pitched and won major contracts with the likes of the Pew Charitable Trusts, CTIA, Discovery Channel, MCI, the U.S. Mint and many others. Deals worth millions that created and fueled dozens of jobs.
In fact, when I met Sparky he was at his desk. A mutual friend decided we should swing by at 1:00am to lure him out for a drink. We left without him.
I’m anxious about these events. Not because we are best
friends or because of the MMJ movement. But because I’ve witnessed his drive, determination and loyality to his friends. Qualities that I’m sure will be painted as greed, ruthlessness and worse.
Hang in there Sparky.
Shannon
October 25th, 2006 at 9:11 pm
we mis you sparky !!! your club is the best !! where do we go now? we’re praying for your aquittal !!!!!!!
March 11th, 2007 at 12:15 am
I support medical marijaua (and voted for it), but you totally abuse the privalege and jepardize a valued treatment for your own personal greed. You deserve jail, not sympathy.
March 11th, 2007 at 8:27 am
Any current news about Sparky? How is his fight against the Federal Bullies going. I have been there, and I know how helpless a citizen can feel when up against the power of this Government. I felt like I was in one of those foreign countries you read about where the people have no freedom. Man were my eyes opned.
I hope and pray Sparky beats this thing. The Feds are not above twisting things (Lying) to fit the story they are telling.
Kenny
March 11th, 2007 at 1:35 pm
This is March 2007. What is going on with Sparky and the law now? I have read all of this and it seems like a real mess. Sparky was just tring to help people that needed help with there pain. Please somebody tell me what is going on now. I would like to know and understsnd what has happened and is going on.
Thank You
March 11th, 2007 at 2:48 pm
YOU PHONIES! You took away my comment and Willie’s. You’re not interested in frank opinions, you’re just using this website to propagandize your crap. Do you think they’ll have valet parking for your Porsche at the Ironbar Hotel?
March 11th, 2007 at 4:20 pm
not a comment; Suggestion, let him go and focus on reaL security threats, needed elsewhere
0420
March 11th, 2007 at 9:06 pm
I doubt you will post this based on my negativity. $250,000 cash is a lot of money for anyone to have on hand. Secondly, why were you depositing just under $10,000 into your bank account? Is it for the fact that anything deposited over $10,000 is investigated and reported by the bank? I want to believe your just cause in simply helping people, but nothing seems to make myself come to justifying your case. I hope that this issue is resolved fairly, and that you could possibly get back to your duties of delivering pot to your loyal customers in your porsche.
March 11th, 2007 at 10:05 pm
As someone who has witness the ravages of drug addiction,
(specifically marijuana), may I take this opportunity to say that I hope “Sparky” is exposed as the true menace to our society that he really is; and that he gets his just reward of an extended removal from society (prison) as soon as possible.
redrazor
Washington D.C.
March 22nd, 2007 at 12:28 pm
In hindsight, driving around the Carerra wasn’t a real smart move. Pretty dumb actually.