Defense Reveals Rothenberg’s Criminal Past

The attorney for Charles Rothenberg threw open the door Thursday to his criminal past, claiming at his trial on weapons charges that the man who set his 6-year-old son on fire 22 years ago so feared vigilante attacks that he had no choice but to own a gun illegally.

Prosecutors had been instructed in pretrial rulings not to reveal details of Rothenberg’s prior crimes, but Deputy Public Defender Gabriel Bassan chose to do so, telling jurors that his client’s pariah status and constant fear of attack justified his actions.

“You’ll hear evidence -- principally from [the defendant] himself -- that his life was clearly in danger and he had no reasonable legal alternative to protect himself other than getting the handgun,” Bassan said in opening statements. “In buzz on the streets and Internet chat rooms he is ‘the devil incarnate’ and ‘baby burner.’ [He] is the man who became infamous -- notorious -- for setting fire to his own child in 1983.”

The unusual approach by Bassan came in a trial that could put the 62-year-old Rothenberg -- who legally changed his name to Charley Charles -- behind bars for 25 years to life.

Prosecutors are seeking a conviction under California’s three-strikes law, though jurors will not learn that during the trial. The quest is unusual in liberal San Francisco for a nonviolent third offense, but prosecutors contend that his criminal history dating to 1958 justifies it.

Rothenberg served less than seven years in prison for mutilating his son in a Buena Park motel room blaze. He spent three more years on parole in Oakland under around-the-clock guard.

He moved to San Francisco in 1997 and took up residence in an apartment on Bush Street.

Police investigated an arson in the building in June 2001. Rothenberg was not indicted in that case, but the investigation led to the discovery of a .38-caliber handgun and ammunition that he admitted buying from a bartender.

He is being tried on felony charges of possession of a firearm and ammunition by a convicted felon. Rothenberg awaits a separate trial on charges that he fraudulently obtained credit cards in the names of acquaintances and neighbors and cashed checks that were not his.

The prosecution and defense have been instructed to stick to the charges at hand. So, prosecutors cannot raise the fraud allegations or discuss a 1996 run-in with the law in Alameda County. Assistant Dist. Atty. Cheryl Matthews presented the case as a simple one.

“The defendant is a category of person who cannot -- not -- possess a firearm or ammunition,” she told jurors. “The people are going to ask you to return verdicts of guilty, because that is what truth dictates and justice demands.”

But within hours, Bassan had requested a mistrial on grounds that pretrial rulings had already been violated because Matthews referred to “altered documents” in her opening statement and a prosecution witness referred to the Alameda County case. San Francisco Superior Court Judge Cynthia Lee declined to grant the motion but warned Matthews to more carefully instruct her witnesses on what they cannot say.

In his opening remarks, Bassan made clear that he would base his case on a core contention: that Rothenberg averted a greater harm to himself than any harm he caused to society as a felon with a loaded gun. That argument could be a stretch, though, unless Rothenberg can show imminent threats to kill him, said professor Mort Cohen of the Golden Gate University School of Law.

Bassan conceded that much of the evidence of threats will come from Rothenberg himself. Bassan gave one example of an incident in which someone allegedly recognized Rothenberg and fired shots at him in 1997 -- four years before he was arrested in the current case.

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Legal record

Charles Rothenberg, who is best known for setting his 6-year-old son on fire in 1983, has a long history of run-ins with the law.

Date State Charges Outcome

1958 New York Grand larceny Convicted

1960 Connecticut Burglary Convicted

1961 New York Attempted second degree robbery Convicted

1967 New York Possession of loaded firearm Convicted

1975 California Forgery (two counts) Convicted

1978 New York Grand larceny, forgery and attempted grand larceny Convicted

1983 California Attempted murder and arson with great bodily injury Convicted

1996 California Attempted murder Acquitted

2001 California Possession of a firearm by a convicted felon; possession of ammunition by a person prohibited from possessing a firearm Current trial

2001 California Fraudulently using access cards; criminally receiving materials used in transportation or public utility services; unauthorized use of personal identifying information to obtain credit, goods, services, or medical information in the name of another person; forgery with intent to defraud Awaiting trial

Source: San Francisco Superior Court records