cannabisnews.com: Angry Rosenthal Jurors Call For New Trial





Angry Rosenthal Jurors Call For New Trial
Posted by CN Staff on February 05, 2003 at 13:06:11 PT
By Ann Harrison, AlterNet
Source: AlterNet
In an extraordinary condemnation of federal drug war tactics, five jurors who convicted medical cannabis grower Ed Rosenthal of federal marijuana cultivation and conspiracy charges, held a press conference yesterday (Tuesday, Feb. 4) to apologize and to call for a new trial. The jurors said they were outraged to discover that Rosenthal had been deputized by the city of Oakland, Calif. to grow medical cannabis for patients under California's Compassionate Use Act (Prop. 215). The judge denied all but two of Rosenthal's defense witnesses, including the Oakland city attorney who drafted the legal immunity provisions for the city's medical marijuana program. 
"I fail to understand how evidence and testimony that is pertinent, imperative and representative to state government policy, as well as doctor and patient rights, and indeed your own family, are irrelevant to this case," said jury foreman Charles E. Sackett III, who read a letter to Ed Rosenthal. Defense lawyers made repeated attempts to inform jurors during the trial that Rosenthal was a medical cannabis grower who had been promised immunity from prosecution. But U.S. District Court Judge Charles Breyer blocked every effort, ruling that federal law considers all marijuana use and cultivation a criminal offense. When former Oakland city council member Nate Miley testified that he met Rosenthal, "in the context of Prop. 215," the judge instructed the jury to ignore the comment, and took over the questioning of Miley himself. "I wondered why the defense portion of your case was so brief as to almost be non-existent?" asked Sackett, a landscape contractor. He said the court was unfair to Rosenthal and to the citizens of California and eight other states where state and federal medical marijuana laws conflict. "We as a jury was unaware that your counsel was being denied the opportunity to present most of your evidence and outside testimony." Eight of the 14 sitting jurors condemned the verdict. This included one of the two alternate jurors who did not vote, and two jurors who were not present. At the courthouse press conference, jurors and city officials offered their condemnation and apologies. "It is the most horrible mistake I have ever made," said juror Marney Craig, a 58-year-old property manager who voted to convict. "I feel like we were sheep, we were manipulated." Rosenthal's attorney, Robert Eye, said the defense team held no ill will toward the jurors, whom he called a "courageous" group of people that had simply been placed in an untenable position. Facing the TV cameras with the jurors, Rosenthal and 30 some supporters, Eye added that in a democracy, justice does not end at the courthouse doors. "Both the jury and I were victims of vicious persecution by an illegal government action," said Rosenthal. He said that prosecutor George Bevan, "persecuted me to shut down the medical marijuana movement – he lost. I have no regret for helping thousands of patients get their own medicine." Rosenthal's trial has generated extensive national media coverage, including a Feb. 4 editorial in the New York Times, which asserted that Rosenthal's potential 5- to 20-year sentence "shows that the misguided federal war on medical marijuana has now escalated out of control." The War At Home Before their press conference, several jurors attended a hearing in which Bevan pressed Judge Breyer to revoke Rosenthal's $200,000 cash bond and send him to jail until his sentencing on June 4. Bevan insisted that Rosenthal was a flight risk, and complained that Rosenthal had referred to the proceedings as a "kangaroo court." But Judge Breyer cited the "exceptional" nature of the case and allowed Rosenthal to remain free. Bevan's unsworn testimony to the grand jury has been cited in a defense motion to overturn the indictment against Rosenthal. According to Eye, Bevan secured the indictment by telling skeptical jurists that Rosenthal's cannabis cultivation violated the terms of Prop. 215. If Rosenthal is denied a new trial, Eye says the defense will take the case to the Ninth Circuit Court of Appeals. San Francisco District Attorney Terence Hallinan asserts that Rosenthal was not violating California medical cannabis laws, and should never have been charged for providing marijuana to patients. "It doesn't take a rocket scientist to know that people are sick and dying," said Hallinan, who worked with the city's health department and medical marijuana clubs to develop a regulated patient supply system. "It's a matter of prosecutorial discretion within the U.S Attorneys office as I, for many years, have exercised my prosecutorial discretion with regards to Prop. 215." One of the jurors who spoke against the verdict was Pam Klarkowski, a registered nurse who said she has attended to at least one medical marijuana patient. Klarkowski acknowledged that medical cannabis provides effective relief for cancer and AIDS patients, and said that convicting growers makes it more difficult for them to get their medicine. "I do apologize to Ed and his family and to all the patients for whom this will make their lives very difficult," said Klarkowski. "I feel as if we were ramrodded in a way, and not given all the evidence involved to make an educated decision." Matt Gonzalez, president of San Francisco's Board of Supervisors, or city council, said jurors in cases like Rosenthal's should know that they can nullify a verdict if they find the law is unjust. Craig said she and her fellow jurors had no idea that they had power to disregard the federal law, because the judge never told them. "We were good little girls and boys, and we did what he said because we trusted the system," said Craig. "We felt so intimidated by the way the trial proceeded." "What the judge did in this case is not only violate the spirit of the constitution, he violated the letter of common law," said Gonzalez. [The jury's] will was not carried out, and their rights were violated by this court." Simpich noted that Rosenthal is one of more than 40 medical marijuana patients and caregivers now being threatened with federal prosecution. District Attorney Hallinan said he hoped the federal government would not use Rosenthal's verdict as an excuse to trample the rights of California or San Francisco residents. But Rosenthal's conviction – and the threat of continued prosecution against medical marijuana caregivers and patients – appear to have invigorated medical cannabis supporters. Some are anxiously awaiting an appeals court ruling on Judge Breyer's interpretation of the immunization statute. The ruling, which applies to an Oakland cannabis club, could overturn Rosenthal's conviction. In the meantime, Craig says she will do "whatever I can to get this verdict set aside and see that Ed gets a fair trial with full information provided to the jurors." Among the activists at the press conference chanting, "No truth, no justice," was Giovanni Leiva, who said he represented an alliance of medical marijuana growers from San Francisco and California's San Joaquin Valley. "We are a coalition to disarm the DEA," announced Leiva. "You are with with us, or you are against us." Jury foreman Charles Sackett, who described himself as a conservative person who would rather be home pruning his roses, said Rosenthal's trial left him questioning the judicial system for the first time in his life. In his criticism of the trial, Sackett said "I am but a simple gardener, Mr. Rosenthal, and truly do not know if reading this letter is somehow a contempt of court. If it is, perhaps we can share a cell. I'm sure we can find a lot to talk about." Ann Harrison reports on the drug war from San Francisco. She can be reached at:  ah well.comSource: AlterNetAuthor: Ann Harrison, AlterNetPublished: February 05, 2003Copyright: 2003 Independent Media InstituteContact: info alternet.org Website: http://www.alternet.org/DL: http://www.alternet.org/story.html?StoryID=15105Related Articles & Web Sites:Green-Aid.comhttp://www.green-aid.com Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmDazed and Confused http://cannabisnews.com/news/thread15374.shtmlJurors Denounce Their Own Verdict http://cannabisnews.com/news/thread15364.shtmlRosenthal's Federal Drug Trial Turns Surrealhttp://cannabisnews.com/news/thread15303.shtml
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Comment #13 posted by FoM on February 06, 2003 at 09:59:47 PT
Celephais 
I hope you don't mind me saying this but Bless Your Heart!This is what I love about the CNews regulars. We are good people and really care about what is fair.Thanks again!
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Comment #12 posted by Celephais on February 06, 2003 at 09:53:28 PT
My apology
I gotta take back some nasty things I said about those jurors. My perception was that some of the 215-ness of the case got leaked into the trial and the jury ignored it. Apparently Breyer did a better job than I had thought at keeping that aspect of the trial from the jury.
My apology to the jurors for thinking such ill of you when you were doing what you perceived as your duty. Hopefully though, this opens your eyes to the degree which the Feds deny our liberty when it comes to the war on drugs. The war on drugs needs major reform regarding cannabis, if not being ended all together. 
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Comment #11 posted by FoM on February 05, 2003 at 22:33:16 PT
afterburner 
I'm glad you liked the pictures. We just got done watching today's Pot-TV and it was very good. I put the link to the page and video on this page. I'm a gatherer I think. I want to put everything I can together so I will remember and hopefully others will too. Ed Rosenthal's Trial Pictures & Articles: http://freedomtoexhale.com/trialpics.htm
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Comment #10 posted by freedom fighter on February 05, 2003 at 21:43:08 PT
charmed quark, that is the thing
WHY in the World would anyone put a human being in a CAGE for growing a plant for whatever reason?NOT for 215
or For 215?What kind of insanity of thinking is this? Is it all right to put any human being in a cage for growing justONE PLant becuz that person is not for 215?If I decided to be my own doctor to thyself, please understand that is never any of your or anyone's business!Just to be blunt, most Americans who do things for FUN, do not want you to worry about it. Most Americans just want you to leave them alone!If I was the Juror, I would not even care why you had pot in your pocket! I would be the only juror who will never put anyone much less you in a cage for a substance that never killed anyone unless when the "LAW" broke someone's door in the name of the evil "Weed".Know what I think? DO NOT BECOME PART OF A JURY IF YOU ARE NOT WILLING TO KNOW WHAT A JUROR'S DUTY IS.This really piss me off!ff
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Comment #9 posted by afterburner on February 05, 2003 at 20:55:39 PT:
Trial pix fix mix
Beautiful pictures, FoM. Feel the love. "Love your enemies and pray for those who persecute you," says Jesus. Ed Rosenthal continues to walk in the footsteps of Jesus with his compassion not only for medical cannabis patients, but also for the repentant jury which convicted him. Spread the word on Jury Nullification: The Feds vs. Ed Rosenthal http://www.cannabisnews.com/news/thread15383.shtmlSupport Ed Rosenthal's appeal: Green-Aid.com
http://www.green-aid.comego destruction or ego transcendence, that is the question. 
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Comment #8 posted by FoM on February 05, 2003 at 20:40:41 PT
Thanks puff_tuff 
I tried but I couldn't get it. I'll try later to see if it is a connection thing.
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Comment #7 posted by charmed quark on February 05, 2003 at 20:23:17 PT:
California needs a 215 Movement
A radio and TV blitz to say that if you are on a jury in a ferderal pot trial in California, not to vote for conviction unless the prosecution shows it is NOT a 215 case.People need to be aware of what the Feds are doing. -Pete
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Comment #6 posted by puff_tuff on February 05, 2003 at 19:49:48 PT
Listen to Ed Rosenthal Jury foreman on CBC Radio 
This aired earlier this evening.---As it Happens (CBC Radio 1 / Public Radio International)Website: http://cbc.ca/aih/Show Audio: http://cbc.ca/asithappens/real/pt2-03-02-05-aih2.ram (Talkback: +1 416 205 3331 (they play voice LTE's on the air)Email: aih toronto.cbc.ca
Listen here...duration 7 minutes
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Comment #5 posted by FoM on February 05, 2003 at 18:20:12 PT
Updated Pictures and Articles from Ed's Trial
Hi Everyone,I've been updating the articles and pictures and click on pictures. Today the cover of the San Francisco Examiner is really good so I put it on the page at the top. We might just win! I heard that there will be something on Connie Chung about all of this on the 6th. If anyone finds out more please post it and I'll check too.Ed Rosenthal's Trial Pictures & Articles: http://freedomtoexhale.com/trialpics.htm
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Comment #4 posted by mayan on February 05, 2003 at 18:04:30 PT
Out of the Bag
Matt Gonzalez, president of San Francisco's Board of Supervisors, or city council, said jurors in cases like Rosenthal's should know that they can nullify a verdict if they find the law is unjust. Craig said she and her fellow jurors had no idea that they had power to disregard the federal law, because the judge never told them. "We were good little girls and boys, and we did what he said because we trusted the system," said Craig. "We felt so intimidated by the way the trial proceeded."It looks like the cat is out of the bag now! Immediately after I learned Ed had been arrested I realized that this case would be an eye-opener for the American people and that good would somehow come from this. I never anticipated an enlightenment like this though...and it's only just begun! The Feds have really screwed up this time!The way out is the way in -Kaminski's Best 9/11 Sites - 4th Edition:
http://www.scoop.co.nz/mason/stories/HL0302/S00024.htm9/11 Prior Knowledge/Government Involvement Archive: http://www.propagandamatrix.com/archiveprior_knowledge9/11 Truth Alliance: http://unansweredquestions.org/alliance/index.html 
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Comment #3 posted by FoM on February 05, 2003 at 15:30:27 PT
Truth
I will second that!
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Comment #2 posted by Truth on February 05, 2003 at 15:21:39 PT
Hats off
to the jurors.
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Comment #1 posted by p4me on February 05, 2003 at 14:04:21 PT
What the Freepers are saying
I guess you have to say that the Rosenthal story has legs. Here are some links to FreeRepublic about some drug related stories so you can read the comments of the conservatives that think Busch is wonderful.The Modesto Bee on Rosenthal jury- http://www.freerepublic.com/focus/news/836610/postsThe Sacramento Bee on Rosenthal jury- http://www.freerepublic.com/focus/news/836655/posts"White House Report Stings Drug Agency On Abilities"- This is the NYT article that appeared at Cnews earlier today- http://www.freerepublic.com/focus/news/836445/posts"Tobacco is legal and pot demonized: go figure" from the Winnepeg Sun- http://www.freerepublic.com/focus/news/836647/posts"Landlords warned about drug dealing" from the Dayton Daily- http://www.freerepublic.com/focus/news/836603/posts"Jury deliberating in police corruption case (major foul play)"- A story of a narcotics officer that photocopied signatures to search warrants from the Indy Star- http://www.freerepublic.com/focus/news/836620/posts"Drug Dealers Contributing to Schools?" WHNT tells of students getting hydroponics equipment from confiscated drrruuugggyyyy. Isn't this sending the wrong message. These kids may grow up to provide medicine to their aging relatives.- http://www.freerepublic.com/focus/news/836594/posts
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