cannabisnews.com: Lawyer Takes High-Profile Role in MMJ Defense





Lawyer Takes High-Profile Role in MMJ Defense
Posted by CN Staff on March 02, 2003 at 11:40:56 PT
By Eric Weslander, Journal-World 
Source: Lawrence Journal-World 
Lawrence resident Bob Eye is the legal guru for the nation's marijuana guru.  Eye is getting national attention as the lead defense attorney for Ed Rosenthal, a 58-year-old Oakland, Calif., man known for his books and advice columns on marijuana cultivation.Eye spent much of January flying between Kansas and San Francisco, fighting to keep Rosenthal out of prison during a bizarre and controversial federal drug trial.
In essence, federal drug agents arrested and charged Rosenthal last year for doing what the city of Oakland had given him permission to do: grow a warehouse full of marijuana plants for medical patients.It was Eye's job to get him off the hook."There's an obvious conflict between the state and federal laws, and Ed Rosenthal is right in the middle of that conflict," said Eye, an attorney with the Topeka firm Irigonegaray & Associates. "I believe there are some people who ought to be in prison, but Ed Rosenthal is not that kind of person."Mission: Impossible  Eye, a 51-year-old Washburn University law graduate with a history of environmental advocacy, lives with his wife and two stepchildren in a neighborhood south of Kansas University.He met Rosenthal in the mid-1990s while using him as an expert defense witness in a marijuana trial. Rosenthal's résumé includes a gardening-advice column for "High Times" magazine and book titles such as "The Big Book of Buds."Federal agents arrested Rosenthal about a year ago, based in part on surveillance and tips from a confidential informant. After the arrest, Rosenthal called Eye and asked for help."He's an attorney who is always seeking justice," Rosenthal said. "He doesn't take a case for the money -- ‘Oh, I'll argue for you or I'll argue for the other side.' He's not like that. He knows what side he's on."Rosenthal described his defense team as "sort of like a ‘Mission: Impossible' team," with a handful of attorneys used for specific purposes. Eye started by researching the case and preparing pretrial motions."As I worked with him on the case, it became apparent to me that he would be an incredible lead attorney," Rosenthal said. "So it just sort of developed organically." History in the making Eye argued throughout the trial that Judge Charles Breyer should allow the jury to hear evidence that Rosenthal was growing the plants with the knowledge and approval of the city of Oakland for distribution to medical-marijuana cooperatives.More than 30 medical-marijuana dispensaries operate in the Bay Area, Eye said, with the blessing of local and state authorities. In 1996, California voters approved the use of medical marijuana with a doctor's recommendation, but federal officials vow they won't allow distribution networks to thrive.Because federal law makes no exceptions for medical marijuana, the judge didn't allow Eye to present any evidence about the motive behind Rosenthal's green thumb."Cultivation of marijuana is a federal offense, period. Nothing else matters," Assistant U.S. Atty. George Bevan said in his closing argument, according to an account in the San Francisco Chronicle.On Jan. 31, the jury found Rosenthal guilty, but the case took on new life when a majority of the 12 jurors came forward to say they felt duped by not being allowed to consider why Rosenthal was growing the plants."They did follow the court's instructions, and of course learned later about what evidence we would have brought before them had we been permitted to do so," Eye said. "The rest is history, as they say -- or history in the making."Since the verdict, Eye has been featured in national newspaper reports and in an interview with Stone Phillips on NBC's "Dateline." Vexing issues Eye said the case combined a number of vexing issues, from the narrow question of whether a jury can disregard a court's instruction, to broader issues of states' rights, drug prohibition and patient-doctor relationships.Eye said a crowd of about 200 people -- some of them medical-marijuana users in wheelchairs -- gathered in the courtroom each day."I think the most interesting thing that happened to me was realizing that I was in the middle of it -- that I was on the cutting edge of change," Eye said. "I can't tell you how many people came up to me spontaneously while I was there and said, ‘We're counting on you.'"Breyer allowed Rosenthal to remain free on bond until his sentencing June 4. Ironically, Eye said, one factor Breyer considered in making that decision was Rosenthal's relationship with the city of Oakland.Rosenthal, who's married with two children, faces up to 20 years in prison.Eye said he viewed the guilty verdict as a temporary setback. He plans to file a motion for a new trial by March 14, claiming, among other things, that a juror broke rules by calling a family friend to discuss the case."It comes down to trying to do everything we can to eventually get this case won and to keep Ed Rosenthal with his family, which is where he belongs and where he wants desperately to remain," Eye said.Complete Title: Lawyer Takes High-Profile Role in Marijuana Defense Source: Lawrence Journal-World (KS) Author: Eric Weslander, Journal-World Published: Sunday, March 2, 2003 Copyright: 2003 The Lawrence Journal-World Contact: agardner ljworld.com Website: http://www.ljworld.com/Feedback: http://www.ljworld.com/site/submit_letter/ Related Articles & Web Sites:Green-Aidhttp://www.green-aid.com/High Times Magazinehttp://www.hightimes.com/Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmThe Mandela of Marijuana? http://cannabisnews.com/news/thread15595.shtmlHigh Crimes? - Dateline NBC - Transcriptshttp://cannabisnews.com/news/thread15530.shtml
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Comment #7 posted by Richard Paul Zuckerm on March 03, 2003 at 10:18:53 PT:
Jury Rights
The interview with the jury foreman in the federal marijuana cultivation case against Ed Rosenthal shows the jury was not apprised of their authority to veto a criminal prosecution. Unfortunately, the trial judges are so hostile towards jury nullification that they lie to the jury, by instructing the jury that the jury MUST follow the judge's instructions of law, even if the jury disagrees with the law. Moreover, the trial judge prevents defense counsel from informing the jury of their veto power, during summation. A fully informed jury is the "conscience of the community." Obviously, the judges would prefer we only have the conscience of the government. If it was not for jury nullification, we would not have our Federal Constitutional Amendments:  
[1] First Amendment; 
[2] Women's Equal Rights Amendment;              
[3] Repeal of Fugitive Slave Laws;  
[4] Repeal of Alcohol Prohibition.         
Yet, government schools do not teach this. www.johntaylorgatto.com. 
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Comment #6 posted by mayan on March 03, 2003 at 04:13:26 PT
Ironically...
"Breyer allowed Rosenthal to remain free on bond until his sentencing June 4. Ironically, Eye said, one factor Breyer considered in making that decision was Rosenthal's relationship with the city of Oakland."Breyer was certainly influenced by Ed's relationship with the city of Oakland. It's a crying shame that the jurors weren't allowed to be!Our Last, Best Hope - Jury Nullification:
http://www.sierratimes.com/03/02/10/robinson.htmNo war for oil(or for 9/11 cover-up!)Revealed: US dirty tricks to win vote on Iraq war
http://www.observer.co.uk/international/story/0,6903,905899,00.htmlUS accused of spying on Security Council delegates:
http://www.theage.com.au/articles/2003/03/02/1046540068572.htmlKaminski'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 #5 posted by FoM on March 02, 2003 at 21:28:56 PT
Virgil
That is a nice picture. Thank you. Thank you for all the good links. I might not comment often but I do check them out and they are appreciated.
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Comment #4 posted by Virgil on March 02, 2003 at 19:29:14 PT
the new media brings you this view
The interview at CulturalBagage on Saturday with Cele Castillo is now up- http://www.cultural-baggage.com/ramtorm/tocele.ram Dean Becker host the former DEA agent that says the marijuana will never be legal because of the money involved. He says everyone knows that marijuana is harmless and it is all about money.fromthewildnerness.com has a complete section devoted to the CIA and drugs- http://www.fromthewilderness.com/free/ciadrugs/index.htmlYou can read about Castillo, author of Powderburns, here- http://www.fromthewilderness.com/free/ciadrugs/contra1.htmlThe United States government is the biggest drug dealer there is. Everything is about keeping the price up and controlling the profits. Say yes to prohibition and say yes to a perpetual corrupt war for profits. 
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Comment #3 posted by Virgil on March 02, 2003 at 16:01:05 PT
Correct link for a pretty picture
http://www.hempcity.net/forum/viewtopic.php?t=46 I had lost my first attempt at a comment when uploading. I was a little reckless in composing a retry.Impeach Busch.
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Comment #2 posted by Virgil on March 02, 2003 at 15:55:16 PT
A pretty picture
The hempcity website has the format to bring people from all over Europe to comment on their country- http://www.hempcity.net/ I think it will be one great blockade runner on the controlled media with a strong community. The DE messageboard was a strong community before it ended and now they have a chance to reunite and join others from around the world.It is illegal for coffeshops to advertise in Holland and the current kooks that want to roll back reason would love to shut down this and other websites using warped reasoning like saying selling bongs is like be a drug dealer. Let's see. Drug dealers sell drugs and bong dealers sell drugs. No. I forget prohibition is not a conclusion of reason but a continuation of control and power.Anyway, Nol starts a thread to tell people about Denmark in this thread- http://www.hempcity.net/forum/viewtopic.php?t=21The second thread under Denmark has a pretty picture of cannabis happiness being sold in the open air of Christiania- http://www.hempcity.net/forum/viewtopic.php?t=21 There is a link to tell you about the hippie town of Christiania- http://www.christiania.org/ - in the above link.Oh, what a pretty picture. I wonder what freedom smells like.I have 5 $4.20 oil purchases this year. 17 in total with 2 $4.21s. And you?
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Comment #1 posted by afterburner on March 02, 2003 at 15:11:13 PT:
'We're counting on you.'
How can any human hear those words and not feel compassion for the suffering medical cannabis patients, as well as for Ed Rosenthal, whose only crime was to try to help them grow their own supply?"Cultivation of marijuana is a federal offense, period. Nothing else matters," Assistant U.S. Atty. George Bevan said in his closing argument "This is a recording. Medical cannabis does not compute. I was only following orders. My country right or wrong. Love it or leave it. If you don't like the law, then get your Representative, Senator, and President to change it."ego destruction or ego transcendence, that is the question. Green-Aid: Help defend Ed.
http://www.green-aid.com/Jury Nullification: Know Your Rights before You, Too, Get Railroaded into Participating in a Kangaroo Court. http://www.cannabisnews.com/news/thread15383.shtml
Green-Aid: Help defend Ed.
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