cannabisnews.com: Gag Order Draws First-Amendment Expert To Trial





Gag Order Draws First-Amendment Expert To Trial
Posted by CN Staff on January 22, 2003 at 21:20:05 PT
By Michael Hess
Source: BBSNews
Fear of frontpage newspaper articles, radio news interviews and television reports "contaminating the jury," prompted Assistant U.S. Attorney George Bevan to ask for a gag order on Ed Rosenthal, his attorneys and his family, forbidding any of them to speak to the press until the conclusion of Mr. Rosenthal’s trial. U.S. District Judge Charles Breyer said he had never before imposed such an order, but observed that the pervasive media attention may be contributing to the three days of demonstrations outside the federal courthouse. He then asked defense counsel to get an agreement from Mr. Rosenthal not to speak to the press. 
Judge Breyer then struck an ominous note, pointing out that he had a wide range of possible sentences available to him in the event of a conviction, and that he thought it appropriate to consider the defendant’s conduct during the course of the trial in determining what that sentence should be. If convicted of all counts, Mr. Rosenthal faces penalties of anywhere from ten years to life imprisonment, as well as asset forfeiture and up to $6,500,000 in fines. The defense will respond to the judge’s request in court tomorrow, but given Mr. Rosenthal’s more than 30 years of First-Amendment activism as a writer and publisher, it is highly unlikely that he will muzzle himself. Failing a voluntary agreement from him, the prosecution is to present to the judge a written sample of the sort of order they want him to impose. Threat of the gag order has attracted the attention of many newspapers. The San Francisco Chronicle's First-Amendment attorney will be in court tomorrow, along with Jim Wheaton, senior counsel to the First Amendment Project and a media law instructor at Stanford University, who will be there to advise the defense. Consideration of the gag order will be at 8:00 a.m., before the jury is brought into court at 8:30. In today's proceeding, the defense returned to cross examining Special Agent Daniel Tuey of the Drug Enforcement Administration about the seizure of evidence from the Oakland facility where the government contends Mr, Rosenthal was engaged in growing marijuana plants for distribution to local marijuana dispensaries. At issue was what evidence the government could present as to the exact number of plants present, since both of the two most serious charges -- conspiracy to cultivate more than 1,000 marijuana plants and actual cultivation of more than 100 -- hinge on quantity. Agent Tuey conceded under questioning that not only did the government destroy substantial amounts of the evidence seized, but that they had left behind several large trash bags full of leaf cuttings. He was also unable to identify the number of plants, rooted or otherwise, pictured in the government’s still photos. Under further questioning from prosecutor Beven, the agent claimed that the other two videotapes made during the raid showed each and every plant with roots, in such a way that they might be counted, but the jury has yet to see that footage, though they were shown video of a walk-through of the grow facility. DEA Special Agent Anthony Levey was then brought in by the prosecution to testify as to the mature “mother” plants he’d counted during the search. Notes he had made on the number present in each bed of plants showed at least one counting discrepancy -- a number crossed out and another entered -- which he conceded was the result of error, saying some of the beds had been counted more than once because he and another agent had disagreed as to the number of plants present. He testified further that he did not know if he had ever counted such plants before -- he thought maybe he had -- but he had certainly not done so since. He could not identify any of the dried plant material entered into evidence as being plants he had counted or cut, nor could he provide or identify any photos showing how many plants were in the room he had been responsible for counting. Trial resumes tomorrow, Thursday, January 23, at 8:00 a.m. in U.S. District Court, Courtroom of Judge Charles Breyer, 19th Floor, 450 Golden Gate Avenue, San Francisco. FOR MORE INFORMATION: Updates and background information on Ed Rosenthal’s case are available on the web at: http://www.green-aid.com or http://www.www.safeaccessnow.orgNote: Federal Government Seeks to Silence Self-Help Author Ed Rosenthal. Complete Title: Gag Order Fight Draws First-Amendment Expert to Rosenthal Defense Source: BBSNews (NC) Author: Michael HessPublished: January 22, 2003 Copyright 1990-2003 Michael HessContact: michael bbsnews.net Website: http://www.bbsnews.net/DL: http://bbsnews.net/bw2003-01-22a.htmlRelated Articles & Web Sites:Green-Aid.comhttp://www.green-aid.com Americans For Safe Access http://www.safeaccessnow.orgEd Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmPot-Possession Trial Tests Lawhttp://cannabisnews.com/news/thread15252.shtmlHackles Rise Early in Medical Pot Trial http://cannabisnews.com/news/thread15250.shtmlMarijuana Grower's Trial Under Wayhttp://cannabisnews.com/news/thread15249.shtml
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Comment #7 posted by Ron Bennett on January 23, 2003 at 09:43:09 PT
University of Mississippi Could Be Key Here!!
Reposting my Univ of Miss rambling again since I feel this approach needs to be explored. Hopefully someone can get word to his attorneys to at least look at this, if they've not already...One angle for getting medical in would be to somehow detail how the U.S. government currently commissions the University of Mississippi to grow cannabis for several people for medicinal use - and that the cooperative, in which Rosenthal was involved, was merely doing similar.On an aside, what would've been slick was if the cooperative had somehow obtained cannabis or had just merely corresponded with the University of Mississippi regarding medical cannabis - would make supressing the medical aspects much harder...image the outcry if the univerisity was actively working with medical cannabis cooperatives...and thus the cooperative and those involved would have had much more leverage.Ron
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Comment #6 posted by p4me on January 23, 2003 at 07:38:03 PT
Cruel punishment with excessive fines
 If convicted of all counts, Mr. Rosenthal faces penalties of anywhere from ten years to life imprisonment, as well as asset forfeiture and up to $6,500,000 in fines. How about kangaroo court costs? The 5th amendment- No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Sounds like room and board for the rest of your life might be just compensation.The 8th amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
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Comment #5 posted by The GCW on January 23, 2003 at 05:13:01 PT
Gag a magot-remember Laura Kriho! &Solitary court.
1:23:3Jesus loves Us and loves Truth so much He did something special to Help Us join together with Truth and He told Us so. He gave Us the HOly Spirit of Truth, (HOST) to help increase the ability to know Truth as Jesus Christ knows the Truth. Through Our HOST, We can understand and come to know the same Truth that Christ knows. And the Truth according to the Federal government is different than the Truth according to Christ on this issue. Differenciating levels of Truth with the H.O.S.T. makes all the difference in the world.Chances are one of those jury members is Christian and may not even know it but has the Center of the Universe within them. They are going to want to be able to know who is telling the Truth in that court room. If those people are obedient to Christ, and really want to know Truth in all its glory, all they have to do is ask for it As for jury selection: One way to effect the jury (from the start) is to have Your statement well thought out when You make Your statement to the judge et al., example saying You could not put a human in a cage for using a plant, may leave an imprint on the jury members mind, that stays in the jury pool.The word gag makes Me think of the word magot. The judge seems intent on money not Truth. It is a money gig, Truth not being primary.The judge may gag Ed, NOW but in the end, Ed may gag the magot.Remember the woman in Boulder, Laura Kriho?COURT 'INVENTS' NEW CRIME TO CHARGE JUROR http://www.mapinc.org/drugnews/v98/n711/a06.html?1110 HEMP ACTIVIST APPEALS CHARGE OF CONTEMPT WHILE ON A JURY/ Washington Times   http://www.mapinc.org/drugnews/v98/n676/a01.html?1110 Jury Nullification: A Power or a Thought Crime? By Laura Kriho http://www.mapinc.org/drugnews/v97/n416/a01.html?1110 Kriho ruling / RIGHTS ON TRIAL: THE RULING Judge Finds Kriho Guilty http://www.mapinc.org/drugnews/v97/n091/a01.html?1110 When Jurors Choose to Ignore the Law / The Washington Post http://www.mapinc.org/drugnews/v97/n061/a05.html?1110 
 
Interview with Laura Kriho http://www.mapinc.org/drugnews/v97/n035/a04.html?1110  APPEALS COURT HEARS CASE AGAINST JUROR http://www.mapinc.org/drugnews/v98/n678/a09.html?1110 U.S. COURT OVERTURNS JUROR'S CONTEMPT CONVICTION http://www.mapinc.org/drugnews/v99/n472/a04.html?1110US CO: Wire: U.S. Court Overturns Juror's Contempt Conviction
 http://www.mapinc.org/drugnews/v99/n464/a04.html?1110If the protesters get the court thrown out and have to start over... and they have another court and protesters do it again, WILL THEY HAVE A SOLITARY CONFINEMENT COURT W/ bazooka's and tanks and government hit men to protect their profits from competing with the realities of hemp?Also let's be sure to conduct Our manner to be one where people on the sidelines will want to join Us.We are rocking their boat! And We haven't even started yet!The Green Collar WorkerFrom Stoner & Climax
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Comment #4 posted by JR Bob Dobbs on January 23, 2003 at 04:48:18 PT
SILENCE!
First he can't mention medical usage, then the threat of a gag order. Isn't it obvious? They want Ed to SHUT THE F--- UP. If he doesn't, then they can throw him in jail for life, which won't totally silence Ed (hopefully) but will allow the government a large MUTE button between him and the outside world...You can't silence all of us.
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Comment #3 posted by afterburner on January 23, 2003 at 03:21:14 PT:
Gag Me with a Spoon...NOT!
Threat of the gag order has attracted the attention of many newspapers. The San Francisco Chronicle's First-Amendment attorney will be in court tomorrow, along with Jim Wheaton, senior counsel to the First Amendment Project and a media law instructor at Stanford University, who will be there to advise the defense.The First Amendment, yes, this case gets better and better, another door opens for appeal, more supporters to the cause.ego destruction or ego transcendence, that is the question.
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Comment #2 posted by SWAMPIE on January 23, 2003 at 02:18:25 PT
kangaroo court
I hereby find these laws to be null and void.Mr.Rosenthal,you are free to go.At the very least,the jury should know about nullification and not convict him due to these poor laws that have tortured and killed so many of the peaceful cannabis community. Go Ed!
 I really think that Ed will tear 'em a new a$$hole!
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Comment #1 posted by BGreen on January 22, 2003 at 22:51:13 PT
I Try Not To Gag Every Time I Read breyers' Words
Any attempt to silence Rosenthal will create such a fervor among his supporters that this "kangaroo jack" jerk judge won't know what hit him.The jury has already figured out that this whole case is about medical cannabis. To them it's kind of like walking in on your parents making love: It's something you can never get out of your mind no matter how hard you try.The only difference here is it's the police states of amerika trying to screw Ed Rosenthal and it's a non-consentual rape of the entire judicial system.
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