cannabisnews.com: Ed Rosenthal Convicted -- New Trial Sought Ed Rosenthal Convicted -- New Trial Sought Posted by CN Staff on January 31, 2003 at 23:27:09 PT By Michael Hess Source: BBSNews Ed Rosenthal was convicted in federal court today of marijuana cultivation charges in front of an incredulous crowd, many of whom openly wept as the verdict was read. Upon leaving the courthouse with his family, heads held high, a subdued but defiant Mr. Rosenthal was greeted by a mob of cameras, microphones and well-wishers. He and his attorneys vowed to fight on, saying this was a struggle for patients' rights that would win out in the end. Blocked from presenting their defense by U.S. District Judge Charles Breyer, his attorneys remain confident that the law is on their side and the appellate court will order a new trial that will allow them to present the evidence that will exonerate Mr. Rosenthal. While he was found guilty of all three counts, the most serious related to conspiracy to grow more than a thousand plants, and on that count the jury found that he had conspired to grow more than a hundred but less than a thousand. That leaves his conviction for cultivation of more than a hundred plants as the offense with the stiffest penalty, with a sentencing range of from 5 to 40 years and a fine of up to $2 million dollars. But after dismissing the jury, Judge Charles Breyer said that he would be conducting his own "independent inquiry" into determining whether he could make a "downward departure" on the sentencing, meaning impose less than the minimum sentence mandated by law. Such an inquiry would be to determine Mr. Rosenthal's eligibility for such an exception to normal sentencing. Judge Breyer noted the extraordinary circumstances of the case in rejecting the motion of Assistant U.S. Attorney George Bevan, Jr. to have Mr. Rosenthal placed in immediate detention. Judge Breyer also granted Defense Counsel Robert Eye and William Simpich an additional 30 days beyond the normal ten to file their request for a new trial. He also set the sentencing date as June 4th, much farther out than is normal. The nearly six months until sentencing should allow enough time for the Ninth Circuit Court of Appeals to decide the appeal of another of Judge Breyer's cases that dealt with a question of immunity from prosecution in the context of medical marijuana distribution. Mr. Rosenthal had made a nearly identical claim in his case, which Judge Breyer had refused to allow. If the Ninth Circuit Court of Appeals overturns Judge Breyer's interpretation of the federal statute, as he himself said they very well might, it would virtually guarantee that Mr. Rosenthal's conviction would be overturned. Jurors told the press that while they'd been distressed by the verdict they'd reached, they'd felt their hands were tied. The jury foreman said he, for one, hoped their decision would be reversed on appeal. Statement of Ed Rosenthal on the Medical Marijuana Trial Verdict BBSNews - 2003-01-31 -- I am disappointed in this verdict for several reasons. This was an unconstitutional prosecution. It should never have come to trial. Once it did, I was not afforded a jury of my peers. They had to bring in 80 people to come up with 12 who would agree to set aside their beliefs on this issue. Even so, they would have acquitted me if they had been permitted to hear my story. But I did not get the chance in this trial to defend myself and explain my actions. Federal prosecutors made extraordinary efforts to block the truth, the whole truth, and nothing but the truth. Because the truth is that I was deputized by the City of Oakland to legally grow marijuana for medicinal use by sick or dying patients under California¹s Prop 215, the Compassionate Use Act, the law that is supposed to guarantee safe and legal access to medicinal marijuana. The City of Oakland showed courage in working to come up with a safe, open, and legal system to harmonize California’s medical marijuana law with federal law. And I was acting as an official of the city, implementing their program to help patients. Had the jury known about the City's attempts to give immunity to their people, including me, it would have acquitted me today. The other victims of today's decision are patients -- people who are extremely ill or dying and who are soothed by medicinal marijuana -- because I am only one of many people that they are trying to put in jail for helping sick people, as allowed under our laws. For these reasons, we will be asking for a new trial. This verdict will not be allowed to stand. The federal government silenced my courtroom defense, but it can't silence the court of public opinion. The opinion of the American public is one of overwhelming support of medicinal uses of marijuana. The federal government needs to get this message. My case clearly demonstrates that it is time for a national debate on the issue of medical marijuana. California voted to make medical marijuana legal, but the federal government is trying to block that law. The federal government is choosing to prosecute and imprison individuals instead of working directly with the State of California and local cities to resolve the conflicts in medical marijuana law. Our elected officials must have the courage to discuss this issue publicly, and then resolve this conflict. Because helping sick people should never be a crime. For my entire family, thank you all for your support. --Ed Rosenthal For information on what you can do to help Ed Rosenthal's appeal, visit: http://www.green-aid.comSource: BBSNews (NC) Author: Michael HessPublished: February 01, 2003 Copyright 1990-2003 Michael HessContact: michael bbsnews.net Website: http://www.bbsnews.net/DL: http://bbsnews.net/bw2003-02-01a.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.htmGrower of Medical Marijuana Is Convicted http://cannabisnews.com/news/thread15343.shtmlJury Finds California Marijuana Guru Guilty http://cannabisnews.com/news/thread15342.shtmlGuru of Ganja Convicted of Marijuana Cultivationhttp://cannabisnews.com/news/thread15340.shtml Home Comment Email Register Recent Comments Help Comment #8 posted by FoM on February 01, 2003 at 08:21:23 PT Thanks! The GCW! Got it posted now!http://www.cannabisnews.com/news/thread15347.shtml [ Post Comment ] Comment #7 posted by Patrick on February 01, 2003 at 08:17:16 PT Who is pulling the strings... ...in this insane puppet show?Terror attacks on the date 9/11. 911 being emergency in the minds of America.Officials in Texas dispatched search and rescue teams to the town of Palestine, southwest of Waco, the presumed point of impact.Family members of the shuttle crew, which included the first even Israeli astronaut, were gathered in by NASA officials at the Kennedy Space Center. Israeli astronaut dies over Palestine? Curious script this 21st century is following. [ Post Comment ] Comment #6 posted by Dumbstruck on February 01, 2003 at 07:40:26 PT: Knowledge The only thing this judge is doing by trying to sentence Mr. Rosenthal to less than the minimum is not create a martyr. The longer this case drags out, the more chance that it will have to break nationally. And regardless of what anyone thinks about pot, the injustices, the blatant disregard of the constitution, (the judge going out of his way to prevent jury nullification) and the conduct of this judge in conducting this trial will be view as offensive, big brother strong arm tactics by Middle America. And that will be the beginning of the end to this "govern-mental" nightmare about cannabis. It will not be convincing the drug warrior industry that their making their living by doing the dirty work of big money, it will be Middle America that ends this, just like it did with Vietnam. When Middle America learns that their government has been lying, persecuting and profiteering at their expense, they will be just as outraged as anyone who already knows.And here's a few of ways to start: 1.) Start asking people if they know anyone who has died of cancer, and would they have at least like all possible treatments to save their life tried. 2.) Start boycotting products that are profiting from cannabis prohibition. I realize that some of those products will be impossible to live without (i.e. gas) but at least be more cognizant of who's getting your money. 3.) Make people aware without playing into their preconceived stereotypes. I work with rednecks, heads, drunks, bible bangers and some that I can’t even classify. Guess what, they all know that THC caused tumors to shrink in some lab experiments and their government has known that for nearly 30 years. They all know that there’s a cheap, renewable energy source alternative to oil. And no one got in his or her face about it either. It was as simple as leaving a copy of an article laying around in the break room for them to pickup and start reading, which let them come to the realization on their own.Will a few people knowing make a difference? No. But those few people will tell a few people like them, who will tell a few people like them, who will tell a few.......We have to stop acting like dopes, and start acting like teachers. Again, when Middle America learns, so will the people they vote for.Keep your head up Ed. You have a lot of people on your side. Ed Rosenthal Convicted -- New Trial Sought [ Post Comment ] Comment #5 posted by charmed quark on February 01, 2003 at 07:27:53 PT: Oh my God, the shuttle Columbia may have broken up during landing over Texas [ Post Comment ] Comment #4 posted by The GCW on February 01, 2003 at 06:46:01 PT FoM, -strongly consider posting this one! (Dr. Raphael Mechoulam of the Hebrew University of Jerusalem, SPEAKS!)EVERYBODY'S HIGH http://www.boulderweekly.com/coverstory.htmlGetting stoned is just a matter of degree. Our brains give us all a marijuana-like high every day, like it or not - Cover photo: http://www.boulderweekly.com/The Boulder Weekly is in there!"But there are already websites selling anandamides and a legal snythetic analog of THC that, Schuel estimates, is 100 to 1,000 times stronger than marijuana."(& like addressing Ed directly...)"When that day comes, perhaps a memorial will go up for every person who suffered or died in prison for smoking or selling an innocent, medicinal herb and to those who devoted their lifetimes to expand the human race’s knowledge of marijuana, cannabinoids and anandamides."(this story is a must for Cannabisnew!) [ Post Comment ] Comment #3 posted by The GCW on February 01, 2003 at 06:06:47 PT This BBSN story is right on! It is informative and gives insight from Ed.Ed has the sword of the Spirit! (the Bible indicates the sword of the Spirit IS the word of GOD.)Ed = The federal government silenced my courtroom defense, but it can't silence the court of public opinion. The opinion of the American public is one of overwhelming support of medicinal uses of marijuana. The federal government needs to get this message. Proverbs 11:26 = He who withholds grain, the people will curse Him, But blessing will be on the head of him who sells it.Ed is correct!"I was not afforded a jury of my peers. They had to bring in 80 people to come up with 12 who would agree to set aside their beliefs on this issue." "I did not get the chance in this trial to defend myself and explain my actions." "Federal prosecutors made extraordinary efforts to block the truth, the whole truth, and nothing but the truth." = - =& -Judge Charles Breyer for the 1st time does seem to be reaching out for Ed.& -Assistant U.S. Attorney George Bevan, Jr. (requesting) have Mr. Rosenthal placed in immediate detention, seems like the Roman who fed the Christians to the lions. LOOK mommy, that lion isn't getting any...Someone gets to plug in the electric chair... Bevan, seems like the guy that would love that buzz.= - =I am pleased to hear about a retrial, and would welcome Ed having a trial of His peers and not the governments piers. I would be pleased if Ed were allowed to defend Him self.The sword of the Spirit asks: Why did God tell Us He gave Us ALL the green seed bearing plants, saying they were GOOD, on the very 1st page of the Bible?Ed is a Green Collar Worker [ Post Comment ] Comment #2 posted by p4me on February 01, 2003 at 02:13:17 PT Alexa Cannabisnews rating Cnews was rated 45,696 a few minutes ago. Last Saturday it was 46,533. This is a three month average. This average keeps rising by my reasoning because of the bump that came with the November 5th elections and that continued plateau of about 100,000 hits a day through the week. There are four statistics if a person clicks See Traffic Details- http://www.alexa.com/data/details/traffic_details?q=&p=Det_W_g_40_M1&url=cannabisnews.comToday's Cnews rating was 70,777.The one week average for Cnews was 42,107.The three month average was the 45,696 number.The three month change has been 17,694 [ Post Comment ] Comment #1 posted by p4me on February 01, 2003 at 01:43:30 PT No hemp oil for deisels, that's for sure Do you think the three billionaires the prohibitionist demonize as subverting cannabis policy can compete with this kind of money? Think of the shdow of this much money, much less the laws and lawmakers it can buy- ExxonMobil, the largest US oil and gas company, on Thursday reported a better-than-expected 53 per cent rise in net income to $4.1 billion in the fourth quarter.The price of gas has gone up a little again this week and saying it is $1.50 a gallon is a fair thing. The talk of war sure helps those big three oil companies increase their bottom line. 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