cannabisnews.com: Rosenthal Verdict Cheapens American Justice





Rosenthal Verdict Cheapens American Justice
Posted by CN Staff on February 19, 2003 at 18:49:31 PT
Editorial
Source: San Mateo County Times
It's not every day jurors apologize to the person they convicted just days after they issued their verdict. But that's exactly what happened in the trial of Ed Rosenthal, convicted of three federal felonies for cultivating marijuana. He faces between five and 85 years in prison. Jurors said if they had known Rosenthal was acting as an officer of Oakland under a city ordinance to grow marijuana for cooperatives and patients for medical use, they would never have convicted him. 
Oakland's law is in accordance with California's Proposition 215, approved by voters in 1996 to permit marijuana use for medical purposes. Not coincidentally, Rosenthal's official role for the city was the one fact the judge went to great lengths to keep from the jurors. We think the trial of Rosenthal was more of a persecution than a prosecution. The conviction should be appealed and overturned. The case is a true test of the higher courts' respect for states' rights. More important, any trial that leaves jurors feeling they have been manipulated and misled is a disservice to our system of justice. Rosenthal, 58, the self-described "Guru of Ganja," is a well-known author and advocate of marijuana use for medical purposes. Last February, Drug Enforcement Administration agents raided his home office, among other medical marijuana operations. On Rosenthal's property, they found more than 100 marijuana plants. When the case came to trial, U.S. District Judge Charles Breyer would not allow any testimony or evidence of Rosenthal's role as an agent of the city, operating under a state law, saying it was irrelevant to federal law which forbids marijuana cultivation. Without that information, it was a cut-and-dried decision for the jurors who convicted Rosenthal. But once they were informed of the context of Rosenthal's actions, they felt differently. "It's the most horrible mistake I've ever made in my entire life," said one juror. "Ed Rosenthal is not a criminal. He should never have been convicted. He needs a jury that is allowed to hear all the evidence." Eight jurors went public with their criticism and called for a new trial. The judge's exclusion of the evidence and testimony about Rosenthal's official role may have been technically correct, based on the legal principle that motivation is not relevant to guilt or innocence, but it's bad law. It would be like putting Abraham Lincoln on trial for conducting a war without introducing the fact that he was trying to save the union. In addition, there is another glitch in Rosenthal's trial. The grand jury was apparently misled by the federal prosecutor who told jurors Rosenthal's actions were not protected under California law. They were. If he had not made such a statement, Rosenthal might never have been indicted in the first place. Breyer is reviewing a motion to throw out the indictment on which the case was based. If the federal government refuses to accept the will of the voters in California and several other states, it should go after the laws, not the individuals who are simply executing them. The issue of medical marijuana is sure to reach the U.S. Supreme Court, and it will be interesting to see whether jurists are consistent with their support of state's rights. In this case, a decision protecting states' rights would permit states to allow marijuana use for medicinal purposes. In the meantime, the tactic of going after individuals is clearly designed to have a chilling effect, but it comes at a great cost. Our government looks like a bully, and our justice system is cheapened. Source: San Mateo County Times, The (CA)Published: Tuesday, February 18, 2003Copyright: 2003 MediaNews Group, Inc.Contact: mmcpartl angnewspapers.comWebsite: http://www.sanmateocountytimes.com/ Related Articles & Web Sites:Green-Aid.comhttp://www.green-aid.com Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmThe Conviction of Ed Rosenthal - FindLaw.comhttp://cannabisnews.com/news/thread15456.shtmlThe Feds Versus Ed - San Francisco Examinerhttp://cannabisnews.com/news/thread15452.shtml
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