cannabisnews.com: Pot-Possession Trial Tests Law










  Pot-Possession Trial Tests Law

Posted by CN Staff on January 22, 2003 at 10:08:13 PT
By J.K. Dineen of The Examiner Staff 
Source: San Francisco Examiner 

Twelve-year-old Justine Rosenthal knows her daddy could spend the rest of his life in jail, but still thinks he did the right thing by risking his freedom for medicinal marijuana."He is standing up for sick people," the middle school student said Tuesday, after watching the first day of her father Ed Rosenthal's trial. "I'm really proud of my dad -- he's a hero, really."
The young Rosenthal's comments came after an intense day in a landmark trial that both advocates and foes of medicinal marijuana across the nation are watching closely. While ostensibly an ordinary drug trial, beneath the surface it's a legal showdown pitting the Bush administration against one of the nation's best-known medicinal marijuana advocates, who has championed the drug's health benefits for three decades.  After the session, Rosenthal said the trial was about "a life sentence for me" -- and much more.  "They are trying to put a stake through the heart of Prop. 215," he said, referring to the law that legalized medicinal marijuana in California.  From the prosecution's perspective, it's a slamdunk cultivating and distribution drug case.  Federal prosecutor George Bevan told the jury that on Feb. 12 of last year agents seized some 3,000 plants growing in Rosenthal's warehouse in Oakland. He said the marijuana-growing operation constituted "a federal offense" and that they were dealing with a drug case, like any other drug case.  "This case is about growing marijuana indoors," Bevan said.  District Judge Charles Breyer seemed to agree, consistently reminding jury members that the fact that many city and county officials supported medicinal marijuana was irrelevant.  "Whatever the purpose was of the growth of marijuana is not for you to consider," he said.  Despite the warnings, the issue was the undercurrent of the opening day testimony, so much so that at times there seemed to be two trials going on: one about Ed Rosenthal, producer and seller of narcotics; the other about medicinal marijuana laws and the Bay Area's warm embrace of them. The drug remains illegal under federal law.  Rosenthal's lawyers stressed that Rosenthal -- a wry, owlish-looking writer who comes across more like a classics professor than a drug-dealer -- had never tried to hide his operation, and received the go-ahead from "The City of Oakland" to grow the plants, even inviting code enforcement officials in to make sure his wiring was up to date.  Electrician Nathaniel Tyler said he toured the facility with code inspectors from the Oakland Fire Department and that the inspectors were concerned with wires and fire exits -- not with the sticky green plants growing under high-pressure sodium lamps.  "Rosenthal wanted to make sure he was in compliance with the local city ordinances," said Tyler, who was paid almost $10,000 for extensive electrical work.  In addition to indirectly raising the specter of Proposition 215, Rosenthal's lawyers also took issue with some technicalities. While the prosecution emphasized the "array of vegetative evidence" seized at Rosenthal's warehouses, the defense zeroed in on whether the plants were "rooted" or "unrooted." Under federal law, only rooted plants would be counted in the cultivating charges.  "They've got no rooted plants, they've got nothing," said Rosenthal attorney William Simpich.  The prosecution claimed they confiscated 190 "rooted" plants, in addition to several thousand unrooted ones. Special DEA agent Dan Tuey showed a video of a raid in which he picks up some of the pot plants and points out what seem to be roots -- at least to Judge Breyer.  "I watched the video and some appeared to have roots," said the judge. "Are you saying, 'No judge, your glasses are foggy' ?"   After the hearing, one local marijuana supporter called the day's testimony a "mockery of justice."  "It was like a Moscow show trial," said Dale Gieringer, the head of local chapter of the National Organization for the Reform of Marijuana Laws.  The judge said he expects to complete witness testimony on Wednesday and hear closing arguments Thursday.Source: San Francisco Examiner (CA)Author: J.K. Dineen of The Examiner StaffPublished: January 22, 2003Copyright: 2003 San Francisco ExaminerContact: letters sfexaminer.comWebsite: http://www.examiner.com/Related Articles & Web Sites:California NORMLhttp://www.canorml.org/Green-Aid.comhttp://www.green-aid.com/ Americans For Safe Access http://www.safeaccessnow.org/Hackles Rise Early in Medical Pot Trial http://cannabisnews.com/news/thread15250.shtmlMarijuana Grower's Trial Under Wayhttp://cannabisnews.com/news/thread15249.shtmlClash on Medical Marijuana Puts Grower in Courthttp://cannabisnews.com/news/thread15236.shtml 

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Comment #8 posted by FoM on January 22, 2003 at 18:46:01 PT

Here's The Picture from The Examiner
http://www.freedomtoexhale.com/herodadsm.jpg
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Comment #7 posted by FoM on January 22, 2003 at 18:39:25 PT

Important E-Mail News Update
Breyer Considers Gag Order in Rosenthal Trial 
    
 San Francisco, Jan 22: U.S. District Court Judge Charles Breyer is considering issuing a gag order in the trial of Oakland marijuana author and activist Edward Rosenthal.After Assistant U.S. Attorney George Bevan Jr. complained about news coverage of Rosenthal's trial, which began Tuesday, Breyer asked the prosecutor to prepare a gag order for his consideration."I've never before imposed a gag order in a case, and I'm always loathe to do so, but if a party to the case is giving press interviews during a trial, that's cause for concern,'' Breyer said.The judge said, "There are demonstrators outside the courthouse every day passing out leaflets and the question is what information may fall into jurors' hands. If there are press interviews, that information is likely to reach jurors.''Bevan said he was upset that there is a photo of Rosenthal, 58, and his daughter Justine (misreported as Christine), 12, on the front page of today's San Francisco Examiner, with a banner headline that reads, "My dad's a hero'' http://www.cannabisnews.com/news/thread15252.shtmlEd Rosenthal's Medicinal Cannabis Trial Pictures: http://www.freedomtoexhale.com/trialpics.htm(Her statement was also broadcast on KCBS news).The photo was taken when Rosenthal and his many supporters held a rally and spoke to reporters outside the courthouse after his trial adjourned for the day yesterday.Breyer took the unusual step of warning Rosenthal's lawyers that if Rosenthal continues to speak to the media, it would be a factor the judge could consider in imposing a sentence if Rosenthal is convicted."A defendant's conduct during the course of proceedings is a factor in sentencing,'' Breyer warned.Today's court testimony was taken up with a lengthy and grueling cross-examination by defense attorney Robert Eye of DEA special agent Daniel Tuey, who had photographed evidence at Rosenthal's cultivation facility in Oakland. A crucial question concerned the government's claim that there were at least 190 rooted plants among the 2000+ cuttings, clones and mother plants found in the raid (only rooted plants count for federal sentencing purposes). Eye painstakingly waltzed Tuey through all of the evidence, showing that nowhere were roots visible on any of the photos of the clones. Breyer impatiently remarked that this was a "waste of time," since the photos were not sharp enough to show the roots in any case, and the roots were documented elsewhere by the agents who had examined them. The defense also had the jury examine the actual clones, which looked paltry and withered in plastic storage bags occupying a couple of cartons. Only with difficulty could Agent Tuey point out a few roots in one of the bags. Another DEA agent, Anthony Levey, testified that he had himself counted over 160 rooted plants at the scene, but admitted that he did not have pictures of the roots.After the trial, Breyer remarked that he would consider the gag order later, He indicated that it would extend only to Rosenthal and his attorneys, not friends and family.The trial will resume with further examination of govt witnesses on Thursday Jan 23, 8:30 AM. - D. Gieringer-- ---- Dale Gieringer (415) 563-5858 // canorml igc.org 2215-R Market St. #278, San Francisco CA 94114
California NORML
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Comment #6 posted by FoM on January 22, 2003 at 14:15:50 PT

afterburner
I know it is hard to have faith that Ed can win this case but I believe we will win as long as we don't get sidetracked or discouraged. A positive attitude can help move mountains I believe. Gotta have Faith Faith Faith. Gotta have Faith Faith Faith!http://www.freedomtoexhale.com/trialpics.htm
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Comment #5 posted by afterburner on January 22, 2003 at 14:06:40 PT:

Martyr or Victor?
The DEA/FDA/Bush administration is creating a martyr of Ed. I would rather see him as a victor who brought sense to the armed debate between the US Federal Government and the State of California.ego destruction or ego transcendence, that is the question.
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Comment #4 posted by p4me on January 22, 2003 at 13:01:58 PT

Ed is guilty of being an American in 2003
Some America when we seek to ruin heroes. The appeals will never end even if the prohibitionists pull off the fraud of justice there will nave to be a report on jury selection. Jury nullification to all. Jail for pot will never be a bumpersticker on my car. It's stupid. Schedule One LieRest in Peace1970-2003
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Comment #3 posted by Imprint on January 22, 2003 at 12:00:12 PT

What a nice kid
What a nice kid, she loves and believes in her dad. Once again we are shown a well-adjusted child despite her fathers marijuana background. Marijuana doesn’t destroy families but prohibition does. 
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Comment #2 posted by FoM on January 22, 2003 at 11:33:25 PT

Ed Rosenthal's Medicinal Cannabis Trial Pictures
Hi Everyone,I've started to put together a web page to follow Ed's trial with pictures and articles. I will updated this page until the trial is over and hopefully we all win!http://www.freedomtoexhale.com/trialpics.htm
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Comment #1 posted by Truth on January 22, 2003 at 10:35:19 PT

Inhumane behavior
To split up the Rosenthal family over a green plant is just about as inhumane as one can be.
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