07/06/2007 01:00:00
US: Rosenthal convicted again, but will do no time
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The retrial of cannabis cultivation expert Ed Rosenthal concluded with a
split verdict Wednesday, May 30, but he will serve no additional prison
time.
Rosenthal, dubbed the "Guru of Ganja," was convicted on three charges of
cannabis cultivation and distribution. However, he was acquitted on one
felony count related to his work with the San Francisco Harm Reduction
Center, and the jury deadlocked on a conspiracy charge, which federal
prosecutors then dismissed.
Rosenthal was first convicted of cultivation in 2003, but jurors later
repudiated their verdict, complaining that U.S. District Judge Charles
Breyer did not allow evidence regarding the efficacy of medical
marijuana, or that Rosenthal had been deputized by the city of Oakland
to provide cannabis for medical use in accordance with California's
Compassionate Use Act.
Breyer sentenced Rosenthal to a single day in prison with credit for
time served. Rosenthal later won an appeal before the 9th Circuit Court
due to juror misconduct, and the court ruled that he may not be subject
to additional prison time for the same offense.
In March, Breyer ruled that federal prosecutors acted vindictively in
their attempt last October to lodge additional charges of money
laundering and tax evasion against Rosenthal. Despite Breyer's advice,
prosecutors decided to go forward with a retrial on the initial
cultivation charges.
Rosenthal declined to present a defense at his latest trial after Breyer
again disallowed evidence about the medical benefits of cannabis and
Rosenthal's belief that he was acting in accordance with state law.
Defense attorney Robert Amparan attempted to cast doubt on the
government and hinted that the jury was not receiving the full story.
"There are places that we can't go," he said. "There are answers to
realistic, reasonable questions you may have that I can't give you."
Rosenthal's lawyers also suggested that the prosecution was relying on
testimony from "convicted felons, liars, drug addicts, and thieves" who
had been granted leniency in exchange for their cooperation.
In an act of civil disobedience, several witnesses from the medical
marijuana community refused to testify against Rosenthal. Although they
were charged with contempt of court, Breyer did not punish them. After
asking them if spending the weekend in jail would change their minds, he
praised their dignified conduct and dismissed them last Tuesday.
"I think that this prosecution is against the will of the people," said
subpoenaed witness Debby Goldsberry. "I believe it would be illegal and
immoral for me to participate in the prosecution."
"If the jury had heard the whole truth, they would have acquitted me on
all charges," Rosenthal said after hearing the verdict, predicting that
this group of jurors, too, would come to regret its decision. "The jury
was not allowed to hear valuable information it needed to make an
unbiased and fair decision."
Rosenthal's legal team indicated that they planned to ask Breyer either
to throw out the new convictions or to grant a retrial.
http://www.ebar.com/news/article.php?sec=news&article=1893
Source:
http://www.ukcia.org/news/shownewsarticle.php?articleid=12592
Author:
Bay Area Reporter via UKCIA
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