cannabisnews.com: Trial Looms for Medical Pot Figure from Oakland


cannabisnews.com: Trial Looms for Medical Pot Figure from Oakland





Trial Looms for Medical Pot Figure from Oakland
Posted by CN Staff on January 09, 2003 at 08:41:54 PT
By Josh Richman, Staff Writer
Source: Oakland Tribune 
It looks like pro-marijuana author and activist Ed Rosenthal of Oakland is headed for trial on federal drug charges. U.S. District Judge Charles Breyer today will hear testimony from Oakland Chief Assistant City Attorney Barbara Parker on whether Rosenthal might have honestly believed the city's policies on medical marijuana use protected him from federal prosecution. But Breyer on Wednesday didn't seem to think what he hears today will lead to him granting Rosenthal's lawyers' motions to set aside part or all of the case. 
Instead, he ordered that the parties plan to be in court next Thursday to start picking a jury so Rosenthal's trial can begin Tuesday, Jan. 21. Assistant U.S. Attorney George Bevan estimated it would take him up to five days to present the government's case, while Rosenthal's attorneys said they'd need several days, depending on how Breyer rules on other pre-trial motions. Rosenthal, 58, a widely known pro-marijuana activist and author, was among those arrested last February when Drug Enforcement Administration agents raided his home office and other Oakland sites; 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 the DEA claims Rosenthal and the others arrested in the Feb. 12 raids were involved not only in a medical marijuana dispensary, but in growing marijuana and selling it for profit.Rosenthal's case has become a rallying point for medical marijuana activists and even inspired the creation of a charitable group -- Green Aid: Medical Marijuana Legal Defense & Education Fund, Inc. Breyer on Wednesday denied Rosenthal's lawyers' motions to exclude evidence seized in the raids based on the inadequacy of affidavits supporting the DEA's search warrant. They had claimed agents didn't make a sufficient showing of probable cause, but Breyer found otherwise. Note: More testimony on pre-trial motions today, jury selection next week.Source: Oakland Tribune (CA)Author: Josh Richman, Staff WriterPublished: January 09, 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.htmDismissal Sought in Medical Pot Case http://cannabisnews.com/news/thread15128.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 
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Comment #4 posted by FoM on January 14, 2003 at 08:39:07 PT
Important E-Mail News Update
Judge Breyer Gags Discussion of Medical MJ in Rosenthal Trial 
    San Francisco, Jan 13: US Judge Charles Breyer issued an order effectively preventing medical marijuana defendant Ed Rosenthal from presenting the salient facts in his case from being presented to the jury. Beryer forbade testimony about California's Proposition 215, medical marijuana, or the Oakland city ordinance authorizing Rosenthal to be deputized as an official medical marijuana provider. The court deferred judgment about what Rosenthal would be allowed to testify. Jury selection is scheduled to begin Tuesday, Jan 14 at 8 am. Breyer ruled that jurors may be asked about their attitudes toward marijuana legalization, medical marijuana, and whether they can cast their opinions aside for purpose of reaching a verdict. Medical marijuana advocates view Judge Breyers' orders as a travesty of justice. They complain they Rosenthal has been denied the right to explain the context of his case to the jury, in particular the fact that he was endeavoring to provide medical marijuana to patients in lawful accordance with Prop. 215, under terms worked out with Oakland city officials.Dale Gieringer (415) 563-5858 // canorml igc.org2215-R Market St. #278, San Francisco CA 94114
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Comment #3 posted by FoM on January 10, 2003 at 08:19:15 PT
Important E-Mail News
Subject: DPFCA: Rosenthal Case, Round 3 Dale Gieringer  
 BREYER REJECTS ANOTHER MOTION TO DISMISS; ROSENTHAL TAKES THE STANDSAN FRANCISCO, Jan 9th. In the third day of hearings in Ed Rosenthal's case, US Judge Charles Breyer denied the defense's motions to dismiss the case on grounds of denial of due process after hearing testimony on the question of whether the federal government had misled Ed into believing he would not be prosecuted. The defense called three witnesses plus Rosenthal himself to the stand. Lt Redford Hart, former head of narcotics enforcement for the Oakland Police Dept, testified that he had participated in meetings of the city's medical marijuana working grouping while being cross-deputized on the DEA task force. However, he denied that any DEA agents or managers had been at the Working Group meetings, or had commented on his work there. Deputy City Attorney Barbara Parker testified that she had helped draft an Oakland ordinance that established a city medical marijuana program, under which Jeff Jones and the OCBC were authorized to distribute MMJ as city officials. The ordinance had been drafted with an eye to exempting them from prosecution under section 885(d) of the Controlled Substances Act, which allows local officials to engage in activities that would otherwise be unlawful under the CSA. Parker observed that the city had passed other ordinances that violated state and federal law, notably in connection with needle exchange, without anyone being prosecuted. However, Parker testified that she had not consulted with federal officials about the ordinance, and did not know their views about it. Supervisor Nate Miley, who chaired the Oakland City Council Public Safety when the ordinance was drafted, testified that the ordinance was intended to immunize medical marijuana workers from prosecution, but admitted that he never spoke to federal officials about it. The defense produced a written document, dated Sept 4th, 1998, indicating that Ed Rosenthal had been deputized by Jeff Jones as an official in the city's medical marijuana program. Ed Rosenthal then took the stand in his own defense, testifying that it had been his belief he had been acting legally. "When the ordinance immunizing officers passed, I felt I was immune, that the city official knew what the were doing," he said, "Who am I to argue with the City Attorney?" He testified that he had been encouraged to cultivate medical marijuana by city officials. Judge Breyer observed that he had issued a ruling in the OCBC case specifically rejecting the defense that the Oakland ordinance protected Jeff Jones and the OCBC under Section 885(d) of the CSA. Rosenthal testified that he was never aware of the ruling until after his arrest. Breyer noted that his ruling was issued on Sept 3rd, 1998, one day before Rosenthal was deputized by Jones. "You were deputized one day after the court issued this decision, and Jeff Jones never mentioned this at the time?" asked the judge. No, said Rosenthal. Breyer roundly rejected defense attorney Joe Elford's closing argument that the government's obvious reluctance to allow the evidence in the case to reach a jury for fear of jury nullification was evidence of denial of due process. He indignantly rejected the suggestion that the court should consider popular opinion about the law, noting that he himself had made an unpopular decision in the OCBC case. "If I don't like cases the government brings, I can just dismiss them?," asked Breyer, "I don't think so." In rejecting the motion for dismissal, Breyer said that the defense had failed to produce evidence that the federal government had done anything to encourage Rosenthal, but, to the contrary, had shown that it did nothing. Breyer admitted a defense discovery request for government documents regarding possible selective prosecution of Rosenthal, but expressed skepticism that anything substantial would be found. Bryer said he was concerned about getting a jury in the case, given the talk about jury nullification and adverse public opinion toward the prosecution. He moved up jury selection to Tuesday, Jan. 14th, with hearings on in limine motions on Monday the 13th. The trial is set to begin Jan. 21st.
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Dale Gieringer (415) 563-5858 // canorml igc.org2215-R Market St. #278, San Francisco CA 94114
California NORML
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Comment #2 posted by greek_philosophizer on January 09, 2003 at 10:55:24 PT:
 Judge Charles Breyer
I remember buying the Mel Frank and Ed Rosenthal
growing book in the mid 1970's. Back when head 
shops were plentiful and well stocked.In the Introduction it said something to the 
effect that at the current rate legalization 
would come soon. Then the Empire Struck Back.Does anybody know who appointed Judge Charles Breyer?
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Comment #1 posted by FoM on January 09, 2003 at 09:42:02 PT
Medical Marijuana Legal Defense & Education Fund
Green Aid: http://www.green-aid.com/
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