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Medical Marijuana Defendant to Take Plea Deal in Federal Case

Vanessa Nelson

Fresno, CA Dec 11, 2006 -- A corner has finally been turned in the case of an imprisoned medical marijuana patient facing federal charges.

Joe Fortt has proclaimed his intention to accept a favorable plea deal that offers him freedom in Canada.

In a Fresno courtroom this morning, Joe's attorney described the case as one that was rapidly approaching its conclusion. "My understanding is that this matter will be resolved very soon," the defense lawyer announced with confidence.

Attorney Daniel Harralson has worked skillfully with prosecutors to hammer out the details of the plea bargain, while also remaining keenly mindful of Joe's interest and well-being. "This is the best thing for Joe," Harralson said outside the courtroom today. "If I didn't think this was the best thing, I wouldn't be doing it."

Although Harralson had hoped the deal would be signed and officially presented at today's status conference, he has encountered a slight delay. U.S. Attorney Kathleen Servatius is in possession of the written version of the deal, but the prosecutor was not present in court today.

As soon as the document is issued to the defense, however, Harralson plans to put the process on the fast-track. Confident there will be no surprises in the prosecution's draft of the agreement, Harralson has begun outlining an expedited schedule for finalization. "I'd like to see it all come together as soon as possible, maybe even before the holidays," he said.

The remaining court proceedings in the case, during which Joe will change his plea and then be sentenced, will mark some of the defendant's last days in the country.

After being granted a sentence of time-served, as set forth in the proposed plea agreement, the former dispensary operator will be sent to Canada. The deportation will bring an end to the hardships Joe has endured since being incarcerated on charges of conspiracy to distribute and cultivate over a thousand marijuana plants. In Canada, where Joe is a citizen, he will be able to live as a free man and attempt to recover from the effects of his seventeen-month stay in Fresno County Jail.

Joe, who is now in the advanced stages of AIDS, has suffered severe health problems during his incarceration. He was forced to tolerate severe overcrowding, inhumanely low temperatures and a hazardous sewage system, while simultaneously being denied the herbal remedies that had once sustained him. Under these conditions, Joe's immune functions have declined drastically.

After a reviewing a recent medical examination of the defendant, Servatius gave her assent to the plea deal and began drafting the offer from the U.S. Attorney's office.

"The feds don't want blood on their hands," explained medical marijuana activist Dustin Costa from his Fresno jail cell. "It's as simple as that."

Costa, who is incarcerated in the same facility as Joe, knows first-hand the challenges of fighting the federal government's accusations of cultivation and distribution. In a jury trial held just last month, Costa was quickly convicted on charges similar to those being faced by Joe.

But even with his seemingly-blessed plea deal, life in the free world won't be a bed of roses for Joe. Terminally ill and left alone to start a new life from scratch, Joe will face continued obstacles in Canada. "But this way, he has a chance," Harralson said while discussing the consequences of the plea agreement. "There's reason for optimism for Joe now."

Joe himself sums up the situation quite plainly. "Canada is better than 10 years in jail," he penned from behind bars late last week. As usual, his assessment was simple but resolute.

Although he initially vacillated when considering the plea deal, Joe's decision was influenced by a number of circumstances.

Some were overt, like the letters of advice that poured forth from the activist community.

Others were more subtle, as in the soul-searching required when relinquishing a righteous fight.

Still others played the role of omens. "It's my daughter's birthday," Joe wrote of today's court appearance, at which his intention to accept the plea deal was announced. "I hope that's a good sign."

And it seems that factors are indeed converging in a fortunate way for Joe Fortt.

Freedom waits patiently right on the other side of the new year, full of challenge and fresh promise.

In accordance with his attorney's push for prompt resolution, Joe will be in court again very soon -- 9am on December 18th, 2006, in front of Judge Ishii at 2500 Tulare Street in Fresno, CA. Supporters are encouraged to attend, and well-wishers are urged to send donations in the form of postal money orders to:

Joseph William Fortt
T229134
P.O. Box 872
Fresno CA 93712

Joe's attorney reports that, in spite of his citizenship, Joe has very few connections in Canada. Without either personal or financial resources to rely upon, establishing a new life will be tremendously difficult for Joe. If supporters have any assistance to offer, please donate or write to Joe as soon as possible. Such help could be crucial for Joe, and all aid is immensely appreciated. Thank you.