In a shocking reversal, Tucson's railroading of Mexican Flag Burner Roy Warden derailed on August 04, 2006, when a frustrated Judge Hays conceded defeat, smiled and told a packed and disbelieving court: “We never were going to incarcerate you Mr. Warden. From the very beginning, Mr. Merritt told me the state never intended to ask this court for  jail time.”

On cue, Tucson City Prosecutor Alan Merritt jumped up, affirmed Hays’ bald faced lie and chimed in: “That’s right , Mr. Warden. The state has never asked for your incarceration.”

Neither Hays nor Merritt seemed to comprehend they had just admitted to engaging in ex parte communications on Warden’s case, conduct prohibited by the Rules of Professional Conduct, affirming Warden’s contentions the court and the prosecutor had worked in concert to “fix” the case. 

Warden intends to file charges for judicial and prosecutorial misconduct. 

“Everyone knows this is a political case; that I’m being prosecuted to ‘regain the trust’ of Isabel Garcia and the open border lobby, " Warden said. “Three consecutive attorneys refused to represent me, citing a ‘conflict of interest.’ So Hays and Merritt had to drop jail time or drop the case. I called their bluff and they both folded like cheap suits.”   

“Since Tucson wants a trial I’ll give them one. My star witness, Tucson Assistant Police Chief Kathleen Robinson, will reveal a TPD conspiracy with Pendejo Thugs to intimidate and assault me, and violate my right of political speech. I have her on tape. 

“We’ll see how Tucson likes Robinson’s act on the stand , " Warden said.  “And we’ll see how Hays and Merritt like being charged with violation of the rules of professional conduct.” 

Immediately following the hearing, Warden and his supporters held a rally across the street from the court, in a roped off area, where Warden voiced support for the Mexican Revolution, excoriated Mexican illegals and condemned them as “cowards and traitors who have abandoned the dream of Zapata and Marcos to feed like dogs on the table scraps of gringos.” When a half dozen rushed the barrier, Warden backed them down with a 900,000 volt stun device until TPD intervened. 

Warden burned another Mexican Flag. “I’ve ordered dozens more, " he said. “We’re going to be very busy from here on out. 

"Tucson officials are mistaken if they think their prosecution will stop my political speech and Mexican Flag Burning, " said Warden. “In fact, I’m going to kick things up a notch. 

“We’re going hold an evening in-your-face rally and Mexican Flag Burning in Armory Park on August 17, back where it all began. If Isabel and her Pendejo Thugs want to get it on, we’ll give them a ‘noche triste’ they’ll never forget.  

“We’re locked, cocked and ready to rock. America is the stronghold, and here in Tucson Arizona we Americans will make our stand.”