Judicial Watch Fight for 74-Year Old Veteran Prosecuted for Memorial Day 'Posting' of American Flags on Veterans Affairs Center Fence Continues
Rosebrock moves to dismiss charges on First Amendment grounds and to suppress statements made without Miranda warnings
Contact: Brandon Cockerham, Judicial Watch, 202-646-5172
WASHINGTON, March 3, 2017 /Christian Newswire/ -- Judicial Watch today announced it filed a series of motions alleging constitutional and other legal deficiencies in the extraordinary prosecution of its client, Robert L. Rosebrock, a Vietnam-era veteran who faces federal criminal charges for purportedly displaying two four by six inch American Flags above a Veterans Affairs (VA) fence on Memorial Day, May 30, 2016. Judicial Watch's team of attorneys recently filed:
- A motion to suppress statements Rosebrock allegedly made to a VA police officer during a custodial interrogation of Rosebrock without advising him of his Fifth Amendment rights, as required by Miranda v. Arizona.
- Two motions to dismiss the "flag posting" charge and two photography-related charges against Rosebrock on First Amendment and other constitutional grounds.
- A motion to dismiss all charges against Rosebrock on the grounds of selective and vindictive prosecution and retaliation for Rosebrock's having exercised his First Amendment rights.
The photography-related charges stem from allegations that Rosebrock took photographs of VA police on Memorial Day 2016 and Sunday, June 12, 2016, without VA permission. Rosebrock is alleged to have taken unauthorized photographs of a VA police officer on Memorial Day 2016 as the officer took him into custody, interrogated, and cited him for purportedly displaying the two napkin-sized American Flags on a VA fence. Rosebrock also is alleged to have taken unauthorized photographs of VA police officers handcuffing conservative activist Ted Hayes on June 12, 2016 after Hayes purportedly displayed an American Flag on the same VA fence. Hayes, dressed as "Uncle Sam," was not charged with any wrongdoing despite being detained and handcuffed.
The case, United States of America v. Robert L. Rosebrock, (CC11, 4920201; 4920202; 6593951), will be heard by U.S. Magistrate Judge Steve Kim in the U.S. District Court for the Central District of California. Judicial Watch attorney Sterling E. Norris, a former Los Angeles County deputy district attorney, and Los Angeles-based defense attorney Robert Patrick Sticht are representing Rosebrock.
The fence is part of the "Great Lawn Gate" entrance to the Los Angeles National Veterans Park, a public park on the corner of Wilshire and San Vincente Boulevards in the Brentwood area of Los Angeles. The gate and park are part of a larger, 388-acre parcel that includes the Veterans Home of West Los Angeles.
Rosebrock, 74, along with fellow veterans, Hayes and others, have been assembling at the site nearly every Sunday and Memorial Day since March 9, 2008, to protest what they believe is the VA's failure to make full use of the valuable West Los Angeles property for the benefit and care of veterans, particularly homeless veterans.