cannabisnews.com: Medicinal Pot Grower's Case Goes To Jury 





Medicinal Pot Grower's Case Goes To Jury 
Posted by CN Staff on January 31, 2003 at 07:20:25 PT
By Josh Richman, Staff Writer
Source: Oakland Tribune 
A lawyer for pro-marijuana author and activist Ed Rosenthal of Oakland closed his case Thursday by implying jurors should base their decision on conscience, not federal law. "Send a message about what you expect and demand from the U.S. government when they prosecute a case like this," said attorney Robert Eye. But Assistant U.S. Attorney George Bevan and U.S. District Judge Charles Breyer reminded jurors they have vowed to put their feelings aside to judge the facts and follow the law. 
Breyer, citing one of Eye's pleas, told jurors, "You cannot substitute your sense of justice, whatever that means, for your sense of duty." This verbal battle over jury nullification -- voting conscience instead of law -- capped a five-day trial that might have raised more questions than it answered for jurors. Rosenthal's lawyers were barred from introducing any testimony or evidence to show that the renowned authority on marijuana cultivation was working under California's medical marijuana law and Oakland's ordinances when he grew marijuana in a Mandela Parkway building. That is because regardless of state and local laws, federal law still prohibits any and all marijuana cultivation, possession and use. And that, in turn, is why the Drug Enforcement Administration raided Rosenthal's home, his grow operation, the Harm Reduction Center medical marijuana club in San Francisco and other sites Feb. 12, 2002. If convicted, Rosenthal, 58, faces at least 10 years and as much as life in federal prison. The jury starts deliberating today. It is unlikely the jury's eight women and four men all would choose to nullify and unanimously acquit Rosenthal, so the defense clearly hopes for a hung jury. If jurors are hopelessly deadlocked, Breyer can declare a mistrial, letting Bevan try the case again with a new jury. Rosenthal's attorneys called only two witnesses. One was Alameda County Supervisor Nate Miley, who testified he visited Rosenthal's operation in 1999 while he was an Oakland City Council member.But when defense attorney William Simpich asked questions hinting at the marijuana's medical purpose, Breyer took over the questioning of Miley. The other witness was Dan Walters, a gardening expert who testified about differences between rooted plants and non-rooted cuttings. Bevan and Rosenthal's lawyers disagree about how many plants were seized, a number that the jury must help decide and that would affect Rosenthal's sentence. Outside the courthouse early Thursday, two men handed out cards that on one side read, "Jurors Have The Power," and on the others side urged jurors to acquit if they feel a law is unjust, even if a judge says otherwise. The men would not say if they were handing out the cards for a specific case. But closer to the courthouse doors, seven protesters stood with tape over their mouths and placards pinned to their clothes depicting a marijuana leaf over a red cross, with the words "20 years is not compassion." Rosenthal's trial has mobilized critics as well as allies. A videotape sent anonymously to ANG Newspapers from Orlando, Fla., contained a clip from an anti-drug documentary of unknown origin, showing Rosenthal -- evidently years ago -- talking to a crowd in a church. "With all the talk about medical marijuana, I have to tell you that I also use marijuana medically. I have a latent glaucoma, which has never been diagnosed," he says, drawing laughter. "The reason why it has never been diagnosed is because I've been treating it." An unseen narrator says, "Rosenthal's joking attitude shows the blatant false pretenses of the medical use campaign." Then Rosenthal again: "I have to be honest, there is another reason why I do use marijuana, ... and that is because I like to get high." Simpich called the tape a "Mickey Mouse" effort to smear Rosenthal and hardly startling. "He's been a strident pro-marijuana advocate his entire life."Source: Oakland Tribune (CA)Author: Josh Richman, Staff WriterPublished: Friday, January 31, 2003Copyright: 2003 MediaNews Group, Inc. Contact: triblet angnewspapers.com Website: http://www.oaklandtribune.com/Related Articles & Web Sites:Green-Aid.comhttp://www.green-aid.com Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmJudge Keeps Tight Rein on Pot Trial http://cannabisnews.com/news/thread15333.shtmlPot Guru Could Face Life in Jail http://cannabisnews.com/news/thread15332.shtmlDefense Gets Key Ruling in Pot Trial http://cannabisnews.com/news/thread15328.shtml 
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Comment #5 posted by John Tyler on January 31, 2003 at 09:37:46 PT
citizens duty is to do justice
This justice and duty thing is confusing. I thought it was a citizens duty to do justice. You know, the old Judeo-Christian, Boy Scout, high school civic thing, now this judge is saying it is a duty to convict someone of an unjust law just because it is the law. We didn't let the Nazis get away with that line at the Nuremburg tials. I guess it really all depends on who has the power. 
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Comment #4 posted by druid on January 31, 2003 at 09:07:21 PT
Industrial Hemp killed in Idaho again
 BOISE - State Representative Tom Trail's effort to pass a resolution in support of legalized industrial hemp failed to clear it's first hurdle yesterday.The bill was killed by the House agriculture committee on a six to five vote.Trail has repeatedly tried to rally support for the bill asking Congress to legalize the fibrous cousin of marijuana.
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Comment #3 posted by p4me on January 31, 2003 at 08:25:46 PT
Nullification is citizens duty to protect freedom
 "You cannot substitute your sense of justice, whatever that means, for your sense of duty." Where is that in the Constitution? Who told him to say that or did he make it up? You better tell Massachetts they need to amend their Constitution then. They probably know it needs changing because it is the oldest democratic Constitution in the world and the subject has surely been raised by the Fascist. Breyer, citing one of Eye's pleas, told jurors, "You cannot substitute your sense of justice, whatever that means, for your sense of duty." Well the whole trial is based on a corrupt and political lie, the Schedule One Lie in fact, for the benefit of a small group of people's wallets in complete violation of WeThePeople's freedom. A juror could show acknowledgement of the power of the lie and just say I changed my mind. It is a kangaroo court trying someone that not only did not victimize anyone, he was helping people.
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Comment #2 posted by Morgan on January 31, 2003 at 08:18:00 PT
Duty?
Breyer, citing one of Eye's pleas, told jurors, "You cannot substitute your sense of justice, whatever that means, for your sense of duty."A statement coming straight out of Facism 101. Do your duty to the state, and all else be damned.Or, as Benito Mussolini put it, "Eat it and shut up."Even in the U.S. military, one has the right to disobey an order if one feels that it is unjust. Or, at least, one did back in the 70's.
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Comment #1 posted by FoM on January 31, 2003 at 07:34:07 PT
News Brief - Bay City News Report  
Bay Area News Roundup Bay City News Report  Friday, January 31, 2003  A federal jury will begin deliberations this morning in the case of an Oakland marijuana author accused of marijuana cultivation and conspiracy. Ed Rosenthal, 58, the author of several books and a magazine column about growing marijuana, is facing charges of conspiring to grow more than 1,000 plants for a medical marijuana club, growing more than 100 plants at a warehouse he owns and maintaining marijuana cultivation premises. Because of the large number of plants allegedly involved, he would face a mandatory sentence under federal drug laws of at least 10 years in prison if convicted of the conspiracy count. Rosenthal has said outside of court that he believed his actions were legal under California's medical marijuana law but because he is being prosecuted under federal law, the judge has barred the use of the statute as a defense. The jury deliberations follow five days of trial, four days of prosecution testimony and less than one day of defense testimony, in which Rosenthal called only two witnesses. During closing arguments Thursday afternoon, defense attorney Robert Eye seemed to come close to hinting that jurors should try to find a way around the federal law. "Use your common sense, use your life experience. We don't ask you to check your common sense of justice when you enter the court. Please be just,'' Eye told the jury. During prosecution closing arguments, Assistant U.S. Attorney George Bevan told the jury that case was "fairly straightforward," saying, "cultivation of marijuana is a federal offense. That's all that matters.'' After the closing arguments, the jurors told Breyer that they will wait until this morning to begin deliberations. 
 
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