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Serra no-show delays couple's pot sentencing
By Denny Walsh - dwalsh@sacbee.com
Last Updated 6:05 am PST Friday, March 7, 2008
Story appeared in METRO section, Page B3
Sentencing of an El Dorado County couple on charges of conspiring to grow and distribute marijuana was aborted Thursday in Sacramento federal court when flamboyant defense lawyer J. Tony Serra did not show up.
U.S. District Judge Frank C. Damrell Jr. was not pleased.
Co-defense counsel Laurence Lichter informed the judge that Serra was in Stockton waiting for a jury to return a verdict in a "shaken-baby murder case."
Serra, well known in California courts for his oratory and passion in defending tough cases, represents attorney Dale Schafer, while Lichter represents Schafer's wife, physician Marion "Mollie" Fry.
Schafer and Fry face a mandatory minimum five years in prison after a jury in August found them guilty of conspiring to grow and distribute at least 100 pot plants at their offices in Cool and their home in Greenwood.
Damrell fumed at Lichter, then summoned Schafer to the podium.
"Do you see that door?" Damrell asked Schafer, who replied that he did see the side door of the courtroom indicated by the judge.
"It leads to a holding cell," Damrell said. "If I sentence you, this may be your last day of freedom for a long time. And your attorney is not even here. What do you think of that?"
"I'm not happy about it," acknowledged Schafer, who said he had not spoken to Serra recently. "But I don't blame Mr. Serra. I understand it. He's waiting on a murder verdict."
Assistant U.S. Attorney Anne Pings told Damrell that she had been told by a member of Serra's staff that he did not inform the judge in Stockton that he had a matter before Damrell on Thursday morning.
Damrell noted that Serra had filed a number of motions bearing on Schafer's punishment that were to be argued before Thursday's sentencing, and he had not asked for a continuance of the hearing.
"I find that conduct reprehensible," the judge said.
"You have not been well served by Mr. Serra," Damrell told Schafer. "This is big casino for you."
Damrell told Lichter and Pings to let him know if they could agree on another sentencing date – at which Serra can be present – sometime in the next 18 days. If no date is set within that period, the judge ordered that all three lawyers be in court March 24 to either set a sentencing date or proceed with the sentencing.
About the writer:
- Call The Bee's Denny Walsh, (916) 321-1189.
FRANK C. DAMRELL JR. He summoned defendant Dale Schafter to the podium and said, "This is big casino for you."
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J. TONY SERRA He was waiting for a verdict in a case in Stockton, but he didn't notify the Sacramento court.
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