cannabisnews.com: Dismissal Sought in Medical Pot Case Dismissal Sought in Medical Pot Case Posted by CN Staff on January 07, 2003 at 08:26:58 PT By Josh Richman, Staff Writer Source: Oakland Tribune Lawyers for marijuana authority Ed Rosenthal of Oakland argued Monday the federal government has singled him out for persecution and prosecution, a prelude to asking that the drug charges against him be dropped. They'll be back before U.S. District Judge Charles Breyer of San Francisco on Wednesday, and the judge has said he'll rule that day on whether to dismiss the case. Rosenthal, 58, a widely known marijuana activist and author, was among those arrested last February when Drug Enforcement Administration agents raided his home office and other Oakland sites, as well as the Harm Reduction Center medical marijuana club in San Francisco and the Petaluma home of Harm Reduction Center founder Ken Hayes. California law says medical use of marijuana is legal; federal law says it isn't. Court documents show that the DEA claims Rosenthal and the others arrested in the Feb. 12 raids were involved not only in a medical marijuana dispensary, but also in growing marijuana and selling it for profit to almost anyone, using state law as a smokescreen for illegal activity. Rosenthal's case has become a rallying point for medical marijuana activists and even inspired the creation of a new charitable group -- Green Aid: Medical Marijuana Legal Defense & Education Fund, Inc. His lawyers on Monday argued selective prosecution motions, claiming DEA agents targeted Rosenthal as a high-profile marijuana advocate to be raided on the same day DEA chief Asa Hutchinson was in the Bay Area to speak about the importance of continuing the war on drugs. The lawyers also argued their motions to suppress evidence based on problems with the warrant used in the raids. On Wednesday, they will argue their motions to dismiss the case based on grounds of official immunity, due process and lack of jurisdiction. Breyer indicated that he will rule on those motions the same day, and should the case continue, will hear expert testimony Thursday on evidence issues.Source: Oakland Tribune (CA)Author: Josh Richman, Staff WriterPublished: January 07, 2003Copyright: 2003 MediaNews Group, Inc. Contact: triblet angnewspapers.com Website: http://www.oaklandtribune.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmSan Francisco Resists Medical Marijuana Raids http://cannabisnews.com/news/thread12010.shtmlFour Arrested in Connection with Pot Cultivation http://cannabisnews.com/news/thread11994.shtmlDEA Busts Pot Club Operation; Four Arrested http://cannabisnews.com/news/thread11990.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by FoM on January 08, 2003 at 21:01:04 PT Important E-Mail News Tune in to KPFA this Thursday, Jan. 9 at 5 pm PST. Ed Rosenthal and Mikki Norris will be on Flashpoints discussing Ed's case and marijuana prosecutions. We will be taping the show earlier in the day. Thanks,-- Mikki Norris, Directorhttp://www.kpfa.org/Cannabis Consumers Campaign: http://www.cannabisconsumers.orgCoordinator, Human Rights and the Drug War: http://www.hr95.orgCo-author, _Shattered Lives: Portraits from America's Drug War_Co-author, _Human Rights and the Drug War_SAN FRANCISCO Jan. 8, 2003 In the second day of hearings in the Ed Rosenthal case, US Judge Charles Breyer definitively rejected most of the defense's pretrial motions, including its attempt to suppress the warrant. Breyer said he found "more than ample basis [for a warrant] when looking at all of the facts" even disregarding the questionable evidence that the defense had challenged (e.g. unreliable informants and supposed detection of odor of marijuana). Breyer also dismissed the other defense motions, except for the issue of whether the government had estopped itself from prosecuting Rosenthal by giving him grounds to believe that it would not prosecute him. Breyer said he remained skeptical of the estoppel argument, but looked forward to hearing testimony from the Oakland City Attorney about it at hearings tomorrow, Thurs, Jan 9th. The issue will be whether federal officials gave Rosenthal reason to believe they would not prosecute him. Breyer rebuffed attorney Robert Eye's suggestion that the silence of federal officials regarding Oakland's city policy could be taken as acquiescence. "There was an effort - I even encouraged it - to work out a modus operandi between state and federal officials," Breyer declared, but he said the failure for things to work out could not be interpreted as acquiescence. Breyer reiterated his intention to start trial on Tuesday, Jan. 21st, with jury selection scheduled next week.Dale Gieringer (415) 563-5858 // canorml igc.org2215-R Market St. #278, San Francisco CA 94114 [ Post Comment ] Comment #2 posted by p4me on January 07, 2003 at 09:45:34 PT No swift trial here arrested in the Feb. 12 raidsThe 6th amendment starts out with the words " In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial..." I am not sure if the judicial branch just changed the definition of speedy or if the sixth amendment was shredded in one of Busch's attacks on the Constitution. Whatever is clogging the courts sure needs to be addressed. Silly me, I thought that government was supposed to actually function for the betterment of society. And 11 months is not long- just look at how long it is taking someone to rule on Hutchinson's hempfood ban. [ Post Comment ] Comment #1 posted by FoM on January 07, 2003 at 09:02:19 PT Just a Comment I sure hope they rule in his favor and dismiss the case. Hopefully we will get more news articles about the case. [ Post Comment ] Post Comment