SERRA NO-SHOW DELAYS COUPLE'S POT SENTENCING

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." Click here to find out more!

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.