cannabisnews.com: Jurors in Pot Case Decry Their Own Verdict





Jurors in Pot Case Decry Their Own Verdict
Posted by CN Staff on February 03, 2003 at 17:16:50 PT
By David Kravets, AP Legal Affairs Writer 
Source: Associated Press
Jurors who convicted marijuana guru Ed Rosenthal of cultivation and other drug charges said Monday they would have acquitted him had they been told he was growing medical marijuana for the city of Oakland."I feel like I made the biggest mistake in my life," said juror Marney Craig, a 58-year-old Novato property manager. "We convicted a man who is not a criminal. We unfortunately had no idea of who he was or what he did."
Other jurors reached by The Associated Press agreed. They plan an unusual gesture: writing Rosenthal to apologize.Rosenthal, 58, the self-described "Guru of Ganja," faces up to an 85-year prison term when sentenced June 4. Prosecutors on Tuesday are scheduled to ask U.S. District Judge Charles Breyer to revoke Rosenthal's bail.After a two-week trial Friday, a 12-member federal jury unanimously concluded that Rosenthal, a world-renowned marijuana advocate, was growing more than 100 plants, conspired to cultivate marijuana and maintained an Oakland warehouse for a growing operation. He was painted as a major drug manufacturer and put on little, if any, defense.The jury was not told that Rosenthal was acting as an agent of the city of Oakland's medical marijuana program, which was an outgrowth of a 1996 medical marijuana initiative approved by California's voters."I really feel manipulated in a way. I feel the jury was railroaded into making this decision," said juror Pam Klarkowsky, a 50-year-old Petaluma nurse. "Had I known that information, there is no way I could have found that man guilty."Throughout the two-week trial, Rosenthal's defense team had repeatedly tried to call witnesses to testify that Rosenthal was growing medical marijuana. The judge denied those requests. The 9th U.S. Circuit Court of Appeals sided with the judge twice during mid-trial appeals.During the trial, Rosenthal told reporters the judge should have removed himself. After the verdicts were read, he called Breyer's courtroom a "kangaroo" court.Still, legal experts said Judge Breyer, brother of U.S. Supreme Court Justice Stephen Breyer, had federal precedent on his side when excluding defense witnesses."A bank robber is not allowed a defense that he was stealing money for his starving children, even if he was," said Rory Little, a Hastings College of the Law professor. "The general principle is: Motive is not a defense to a crime."The reason is simple - to prevent jurors from acquitting because of personal feelings. A hung jury in Rosenthal's case required only one holdout.Also backing Breyer, experts say, was a ruling by the U.S. Supreme Court two years ago prohibiting advocates for the sick and dying from doling out marijuana to those with a doctor's recommendation. That decision prompted a string of raids on medical marijuana growing operations throughout California. In addition, the federal government does not recognize the medical marijuana laws in nine states that have them.Even so, some of the jurors on Rosenthal's case feel duped.Juror Debra DeMartini, a 45-year-old Sonoma restaurant manager, said she would have acquitted had she known what the media was reporting during the trial. Breyer ordered the jury not to listen, read or watch any news accounts of the trial."I'm hearing all of these things after the fact," she said. "That sheds a whole new light on it."Jury foreman Charles Sackett, 51 of Sebastopol, said he hopes Rosenthal's case is overturned on appeal."Some of us jurors are upset about the way the trial was conducted in that we feel Mr. Rosenthal didn't have a chance and therefore neither did state's rights or patient's rights," the landscaper said. "I would have liked to have been given the opportunity to decide with all the evidence."Editors: David Kravets has been covering state and federal courts for a decade.Source: Associated Press Author: David Kravets, AP Legal Affairs Writer Published: Monday, February 03, 2003Copyright: 2003 Associated Press Related Articles & Web Sites:Green-Aid.comhttp://www.green-aid.com Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmThey're Doing It Again http://cannabisnews.com/news/thread15362.shtmlMedical Pot Jury May Speak Out http://cannabisnews.com/news/thread15361.shtmlJury Left in Dark at Marijuana Trial http://cannabisnews.com/news/thread15359.shtml 
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Comment #6 posted by FoM on February 04, 2003 at 12:34:43 PT
News Brief from The Associated Press
Jurors Regret Convicting California Man for Growing Marijuana 
 By David Kravets, Associated PressFebruary 4, 2003Jurors who convicted a man of cultivating marijuana and other federal drug charges say they would have acquitted him had they been told he was growing it for medical purposes for the city of Oakland."I feel like I made the biggest mistake in my life," juror Marney Craig said. "We convicted a man who is not a criminal."Other jurors reached Monday agreed and planned to write to Ed Rosenthal to apologize.Rosenthal, 58, the self-described "Guru of Ganja," faces up to 85 years in prison when he is sentenced June 4. In a courtroom crowded with medical marijuana advocates wearing "Free Ed" buttons, a federal judge decided Tuesday that Rosenthal can remain free until then.After a two-week trial, the 12-member jury unanimously concluded Friday that Rosenthal was growing more than 100 plants, conspired to cultivate marijuana, and maintained an Oakland warehouse for a growing operation. He was portrayed as a major drug manufacturer and put on little defense.The jury was not told that Rosenthal was acting as an agent of Oakland's medical marijuana program, an outgrowth of a 1996 medical marijuana initiative approved by California's voters that conflicts with federal law."I really feel manipulated in a way," juror Pam Klarkowsky said. "Had I known that information, there is no way I could have found that man guilty."Rosenthal's defense repeatedly tried to call witnesses to testify that he was growing marijuana for medical use. The judge denied those requests and was backed up twice during the trial by the 9th U.S. Circuit Court of Appeals.Legal experts said U.S. District Judge Charles Breyer had federal precedent on his side."A bank robber is not allowed a defense that he was stealing money for his starving children, even if he was," said Rory Little, a Hastings College of the Law professor.Also backing Breyer, experts say, was a ruling by the U.S. Supreme Court two years ago prohibiting advocates for the sick and dying from doling out marijuana to those with a doctor's recommendation. That decision prompted raids on medical marijuana growing operations throughout California.In addition, the federal government does not recognize medical marijuana laws in nine states that have them.Jury foreman Charles Sackett said he hopes Rosenthal's case is overturned on appeal."Some of us jurors are upset about the way the trial was conducted. ... I would have liked to have been given the opportunity to decide with all the evidence." 
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Comment #5 posted by Lindy on February 04, 2003 at 01:22:10 PT:
Attorney's wouldn't use this defense.
Even though I could not believe you could be on "trial" and NOT tell about your motivation or reasons, the attorney's forced my sons to plea bargain instead of tell that they had a contract with Green Cross. They were made to look like drug king pins selling weed to grade school kids. (They both COACHED their kids'sports teams). They could be the poster boys for this whole crusade. Instead they are doing time, because their wimp attorney's wouldn't step up to the plate and run a defense. We're not done yet. Mr.Rosenthal is going to have more back up than he realizes right now, because on the heels of all this will be the expunging of all these felony convictions and the release of the of all MJ prisoners!!!!!! The ludicrus, absurdity of locking up "law abiding" citizens can not be covered up forever.
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Comment #4 posted by Toad on February 03, 2003 at 22:05:48 PT
Way to Go
Great timing on the part of the jurors. I realize that some of these people don't know much about cannabis or medical marijuana for that matter, but the fact is that they knew Ed would do a minimum of five years and came back guilty anyway. Spineless is the nicest thing I can say.
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Comment #3 posted by 420toker on February 03, 2003 at 21:35:22 PT
cont.....
could possibly be linked with medical marijuana.
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Comment #2 posted by 420toker on February 03, 2003 at 21:33:44 PT
hmm
A crime is also forgiveable when it was to prevent the occurance of a greater crime or in saving a life. He broke the law to help people have some control and comfort in their life, essentially saving it. Also I dont see where saying he was a deputization worker for Oakland or per chance asking Ed who signs his paychecks. 
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Comment #1 posted by Patrick on February 03, 2003 at 19:07:16 PT
Principles
"A bank robber is not allowed a defense that he was stealing money for his starving children, even if he was," said Rory Little, a Hastings College of the Law professor. "The general principle is: Motive is not a defense to a crime."In addition, the federal government does not recognize the medical marijuana laws in nine states that have them.the landscaper said. "I would have liked to have been given the opportunity to decide with all the evidence.""I really feel manipulated in a way. I feel the jury was railroaded into making this decision," said juror Pam Klarkowsky, a 50-year-old Petaluma nurse. "Had I known that information, there is no way I could have found that man guilty." Juror Debra DeMartini, a 45-year-old Sonoma restaurant manager, said she would have acquitted had she known what the media was reporting during the trial.This is the New World Disorder of The American Government. Perhaps Canadian Officials can save us all from the rampant trampling of truth, justice, and the American way? BIG BROTHER WANTS YOU!!! To fill his new prison coming to a county near you soon.from the article about steve kubby…………….He's all for individual liberty, Walters says, but within rational limits. Modern civilization, he concludes, is based on the notion that "we control the darker angels of our nature."DARK ANGELS??? They are on a witchhunt!
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