cannabisnews.com: Judge Decides Not To Gag Marijuana Trial Judge Decides Not To Gag Marijuana Trial Posted by CN Staff on January 25, 2003 at 21:02:54 PT By Jason Hoppin, The Recorder Source: Recorder The U.S. Attorney's Office Thursday asserted that recent support for medical marijuana is actually an attempt to taint a high-profile marijuana prosecution and asked a federal judge to slap a gag order on the case."I just think with the billboards, the number of interviews, these people in front of the building with their mouths taped. … I think there has been an organized attempt to influence the jury," Assistant U.S. Attorney George Bevan Jr. said. After previously suggesting he would entertain a gag order, Judge Charles Breyer of the U.S. District Court for the Northern District of California refused to issue one. He has repeatedly expressed the desire to insulate the jury from outside influence in the prosecution of marijuana guru Ed Rosenthal, who allegedly grew marijuana for the Harm Reduction Center, a medical marijuana dispensary.If this were a death penalty case, Breyer said, "Would I go around and order everyone not to talk about the death penalty? No. Of course I wouldn't."I am simply hopeful that the jurors will follow the law with respect to anything they may see or hear."But Breyer did read the Rules of Professional Conduct to a defense lawyer involved in the case, Oakland, Calif., solo William Simpich. Simpich, the second chair in the defense of Rosenthal, was quoted in Wednesday's San Francisco Examiner as saying, "They've got no rooted plants. They've got nothing." Plants without roots, known as "cuttings," are not counted for sentencing purposes.After hearing Simpich admit that he made the statement, Breyer literally read him the rule book.The government is about "an hour and a half" from resting its case, Bevan told the judge. The defense will make its opening statement at that time and the case should go to the jury next week.The billboards to which Bevan referred are part of a pro-medical marijuana media campaign that began earlier this week. Using space donated by Clear Channel Communications Inc., the ads depict an 8-year-old girl whose father is serving time in federal prison for growing marijuana that he said was for medical purposes.Breyer's refusal to grant the government's gag order was one of the few times he sided with the defense. He has repeatedly questioned their cross-examinations, chided them for press interviews and scolded them -- in one instance for filing their proposed jury instructions late.He has also been upset with Rosenthal himself, and reminded him that a defendant's conduct during trial could be a factor in sentencing if he were to be found guilty. Rosenthal has said he does not think Breyer has been impartial during the trial.Nevertheless, Breyer declined to gag him. The San Francisco Chronicle sent a lawyer to argue against the proposal, but her presence proved to be unnecessary -- Breyer had made up his mind by the time the issue was brought up.Rosenthal was arrested in February 2002 after one of a series of federal government raids on medical marijuana dispensaries in California.Breyer has barred a defense based on California's Proposition 215, the state's medical marijuana initiative. He ruled that federal law supersedes state law.Source: Recorder, The (CA)Author: Jason Hoppin, The RecorderPublished: January 24, 2003Copyright: 2003 NLP IP CompanyContact: bbaraff therecorder.comWebsite: http://www.callaw.com/Related Articles & Web Sites:Green-Aid.comhttp://www.green-aid.com Americans For Safe Accesshttp://www.safeaccessnow.orgEd Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmAttempt To Silence Activist in MMJ Trial Failshttp://cannabisnews.com/news/thread15275.shtmlPot-Possession Trial Tests Lawhttp://cannabisnews.com/news/thread15252.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by AlvinCool on January 26, 2003 at 07:11:35 PT Well they got us It looks like they have all of us cold on this one. By protesting we are all caught red handed trying to influence the jury, the city of Oakland, the state of California, the nation of America, the entire world. You should be proud that we are, and I mean WE, one of the reasons that there is no gag order in this trial. A federal judge can't hide his actions from the whole world.Well you gotta admit it's about the first truthful thing they have said. And we should all respect the truth. Gotta go I feel another letter to an editor coming on. [ Post Comment ] Comment #2 posted by mayan on January 26, 2003 at 03:17:31 PT p4me... Very well put. The "Schedule One Lie" is truly insane! Before long, over 90% of Americans will support the use of medical marijuana. What a day it will be when the drug war crimes tribunal begins! There will certainly be hell to pay.On an unrelated note, I find it very odd that the San Diego Police Department is in charge of security at the Super Bowl this Sunday. There will supposedly be no military presence either(San Diego has one of the nation's largest military populations). There will, however, be gobs of cameras. Last year's Super Bowl was secured by the Secret Service & there was also a strong military presence outside the Lousiana Superdome. Since the U.S. government has recently issued travel "warnings"(not alerts) to U.S. Citizens around the globe, wouldn't one expect even heavier security this year? Here's what's scary...Bush's approval rating is in a free-fall. Both gold & oil are at 6 year highs. The Dow just took another huge hit on friday . The U.N. weapons inspectors report comes out monday & Bush's State of the Union address is tuesday. The media can no longer ignore the massive displays of dissent across the country and around the world. Bush & his handlers are terribly desperate and need another staged terror attack to start an immediate war. They are running out of time. This is an extremely dangerous moment! I pray that the Super Bowl runs smooth and everyone makes it through this weekend alright. Prepare for the worst. Be ready for martial law!Big Brother takes over Super Bowl security: http://bengals.enquirer.com/2003/01/24/wwwben7i24.htmlU.S. - IRAQ INVASION LIKELY TO BEGIN WITH STATE OF THE UNION http://www.fromthewilderness.com/free/ww3/012403_invasion.html9/11 Exposed: http://www.911exposed.com/ [ Post Comment ] Comment #1 posted by p4me on January 25, 2003 at 22:11:03 PT No crime by Ed. Huge conspiracy by Feds He ruled that federal law supersedes state law.Federal law should have said federal wall. There is a stonewall that keeps out all reason.The misclassification of cannabis as a Schedule 1 Narcotic is a political position that ignores the guidelines of the law in the Controlled Substance Act of 1970. The feds don't want any mention of the issue of classification mentioned in the press. Why doesn't a major newspaper address the issue?There was a federal judge that raised the issue of classification incidental to a ruling he made on something else. Some reform group' lightbulb went off and they looked for cases to back through the courts. It is a very big deal where cannabis is classified. I cannot believe that the defense is not allowed to talk about the two worlds of cannabis beliefs. Prohibitionists live in their own world with tall, thick walls to echo their chants inside their Fortress of Insanity. "Marijuana has no medical value," is chanted and echoed endlessly and is proof enough they are tranced into a belief without any dissenting viewpoints to disturb their blissful ignorance. Four out of five people know the federal government is being completely disingenuous in its pronouncements/propaganda and now have a portal to see the extent of corruption in our courts and in our Congress and in the media that mostly just makes noise to drown out the real issues that should be circulating in today's conversations.Someone recently put up this link about killing the Schedule One Lie- http://www.hempbc.com/articles/2810.html [ Post Comment ] Post Comment