cannabisnews.com: Judge Keeps Tight Rein on Pot Trial Judge Keeps Tight Rein on Pot Trial Posted by CN Staff on January 31, 2003 at 07:09:52 PT By Bob Egelko, Chronicle Staff Writer Source: San Francisco Chronicle The Bay Area's first federal medical marijuana trial ended Thursday with a bizarre touch that symbolized the entire case: The judge took over questioning of a defense witness to make sure he didn't refer to the medical use of marijuana. It started when Alameda County Supervisor Nate Miley mentioned that he had met defendant Ed Rosenthal "in the context of Proposition 215," the 1996 California medical marijuana initiative. Without prompting from the prosecutor, U.S. District Judge Charles Breyer -- vigilant about keeping the trial focused on federal law, which does not recognize medical marijuana -- told jurors to disregard the reference. A few minutes later, as Rosenthal's lawyer struggled to let Miley describe the defendant's motives and the city of Oakland's endorsement of his work as a medical marijuana supplier, the judge verbally shoved the attorney aside. Breyer then asked Miley a few yes-or-no questions and abruptly curtailed his testimony, to gasps from Rosenthal's supporters. Breyer's tight rein on Rosenthal's weeklong trial reflected the chasm between strict federal drug laws and California's official tolerance of medical cannabis. The judge has made it clear that, in his view, both Prop. 215 and the public sentiment behind it are foreign subjects for a jury considering federal cultivation charges. "You are not to consider the purpose for which marijuana is grown," Breyer told the jurors after defense lawyer Robert Eye made one of his numerous attempts to enter a forbidden area. At another point, when Eye urged jurors to use their "common sense of justice," Breyer cut him off and said, "You cannot substitute your sense of justice, whatever that is, for your duty to follow the law." Rosenthal's supporters, who had packed the courtroom, groaned as Breyer repeatedly blocked defense attempts to refer to Prop. 215, Rosenthal's intent to grow marijuana for patients at a San Francisco dispensary, and his relationship with the city of Oakland, which deputized him as an agent to supply a now-closed medical marijuana cooperative. Hemmed in by Breyer's rulings, Rosenthal did not testify and was left to hope that a sympathetic local jury would bridge the apparent gulf between state and federal law. "I think the jury knew what the case was all about," Rosenthal told reporters after the truncated defense case. He said Breyer "didn't want the whole truth; he only wanted pieces of the truth." Miley, a former Oakland city councilman who sponsored resolutions to lend the city's official endorsement to medical marijuana, was also frustrated with the restrictions on his testimony. Snipped: Complete Article: http://www.freedomtoexhale.com/jkt.htm Source: San Francisco Chronicle (CA)Author: Bob Egelko, Chronicle Staff WriterPublished: Friday, January 31, 2003 Copyright: 2003 San Francisco Chronicle - Page A - 23 Contact: letters sfchronicle.comWebsite: http://www.sfgate.com/chronicle/Related Articles & Web Sites:Green-Aid.comhttp://www.green-aid.com Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmPot Guru Could Face Life in Jail http://cannabisnews.com/news/thread15332.shtmlMarijuana Cultivator Trial Goes To Jury http://cannabisnews.com/news/thread15330.shtmlDefense Gets Key Ruling in Pot Trial http://cannabisnews.com/news/thread15328.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by Dumbstruck on January 31, 2003 at 10:13:38 PT: Sad Example of American Justice I can't decide if this is more similar to Nazi Germany back in the 30's and 40's, or one of them KKK trials down south back in the 60's. It's amazing how far this judge is going to railroad this guy. He won't let facts in the case be introduced by the defense. He won't let his defense lawyer question someone on the stand. He doesn't want the jurists to know the constitution. Why doesn't he just come out and tell them how he wants them to vote. Probably will want to have the jury arrested for contempt of court if they don't find him guilty.Looks like this is going to come down to how well the people on the jury know the constitution, not a very reassuring feeling. This is a sad example of American justice. Judge Keeps Tight Rein on Pot Trial [ Post Comment ] Comment #4 posted by Prime on January 31, 2003 at 09:52:18 PT The Truth... The WHOLE truth and nothing but the truth.Now I'm not a religious man, so swearing on a bible to me is about the same as swearing on the latest Spiderman comic, but I imagine some of the bible thumpers around here would have a pretty tough time taking an oath like this and then being refused the opportunity tell the WHOLE truth.Did Mr Miley take this oath?Is a Judge allowed to take over questioning for the defense?Why didnt Ed testify? I would have. I would have then been thrown in jail for contempt after telling the WHOLE truth. [ Post Comment ] Comment #3 posted by FoM on January 31, 2003 at 09:30:24 PT CannabisNews Chat If anyone is interested here is CNews' chat room and while we are waiting for a verdict you might want to drop in and talk about it. I don't get there very often because of looking for news but please feel free to use it. If you do here it is!I'm keeping my fingers crossed!http://www.cannabisnews.com/chat/ [ Post Comment ] Comment #2 posted by Truth on January 31, 2003 at 09:00:26 PT How do you spell railroad ? B r e y e r [ Post Comment ] Comment #1 posted by FoM on January 31, 2003 at 08:29:45 PT This is So Very Important I am very worried but optimistic because I must have faith that the jurors see thru this case. Fairness and justice must win. [ Post Comment ] Post Comment