FRESNO, CA -- A corner has finally been turned in the case of a terminally ill medical marijuana patient imprisoned on federal charges.
Joe Fortt has signed a plea deal that offers him a sentence of time served, followed by freedom in Canada.
In a federal courtroom Monday, Judge Anthony Ishii received the finalized deal and proceeded to schedule a sentencing hearing for February 26th.
Joe's attorney indicated that he will push to expedite the sentencing process so that his client can be released from prison as quickly as possible. "My intention is to resolve this matter even sooner," Daniel Harralson announced with confidence regarding the sentencing date.
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 last week. "If I didn't think this was the best thing, I wouldn't be doing it."
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.
Joe Fortt, former Bakersfield dispensary operator and current medical marijuana prisoner
After being granted a sentence of time served, as set forth in the 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 eighteen-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, prosecutor Kathleen 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.
Photo taken through window during incarceration shows the painful body rash that Joe has suffered during his extended stay in Fresno County Jail. Unsanitary conditions and inadequate medical care have weakened Joe's immune system, already impaired from advanced AIDS.
Joe himself sums up the situation quite plainly. "Canada is better than 10 years in jail," he penned from behind bars last week. As usual, his assessment was simple but resolute.
But even with his seemingly-blessed plea deal, life in the free world won't be a bed of roses for Joe. Devastatingly 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."
And it seems that factors are indeed converging in a most fortunate way for Joe Fortt.
The case that might have ended tragically is now slowly winding down to a positive conclusion, with freedom waiting patiently right on the other side of the new year.
********************************************
Joe is scheduled to be in court again on Monday, February 26th, 2007, 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
In spite of Joe's citizenship, he 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.
Be first to comment this article
Only registered users can write comments. Please login or register.
Court Reports 
Be first to comment this article
