cannabisnews.com: Rosenthal Case Shakeup Rosenthal Case Shakeup Posted by CN Staff on April 01, 2003 at 09:53:29 PT By J.K. Dineen of The Examiner Staff Source: San Francisco Examiner In a startling revelation that could mean a new trial for convicted medical-marijuana cultivator Ed Rosenthal, a juror in the case says she violated the law by seeking outside legal advice during the trial and then sharing the information with a fellow juror. The development is another chapter in the bizarre case of Rosenthal, a nationally recognized medical pot advocate whose case pitted state medical marijuana laws against federal laws, which do not allow for any use or cultivation of pot. With Rosenthal's sentencing slated for later this month, jury member Marney Craig will appear this morning before Judge Charles Breyer. Craig is expected to say that despite constant warnings from the judge not to discuss the case outside of the courtroom, she sought and obtained outside legal advice on whether she could vote not guilty. After being told that she had to vote guilty, she then shared that advice with another juror, Pamela Klarkowski, according to sources. A source said Craig is not expected to name the lawyer she spoke to. Klarkowski, the juror she allegedly shared the illegal counsel with, will reportedly be there to confirm that the conversation took place. Rosenthal attorney Dennis Riordan called the case a "classic example" of a situation where a mistrial is warranted. "Even if she had never talked to the other juror that could be sufficient grounds for mistrial," said Riordan. The Rosenthal trial received national attention after a majority of the jurors after the conviction repudiated their verdict, contending they should have been allowed to consider that Rosenthal was growing the marijuana in accordance with state medical marijuana laws and that he had been deputized by the city of Oakland to grow medical pot. Craig was one of the jurors who went on television to complain about the trial and called it "the worst mistake of my life." Golden Gate Law School Dean Peter Keane said the revelation could constitute jury misconduct and grounds for a new trial. "If you have something that comes into the jury room from outside, such as an outside legal interpretation or a jury member going to a crime scene to see evidence that was not presented, that is jury misconduct," Keane said. If Craig did get advice from a lawyer, that attorney would have been guilty of misconduct as well, Keane said. He said Craig could be in legal hot water as well, although judges respond to jury misconduct in a variety of ways. "It varies from a chewing out to a finding of contempt and a fine to, in egregious situations, maybe a couple of days in jail," he said.Source: San Francisco Examiner (CA)Author: J.K. Dineen of The Examiner StaffPublished: April 01, 2003Copyright: 2003 San Francisco ExaminerContact: letters sfexaminer.comWebsite: http://www.examiner.com/Related Articles & Web Sites:Green-Aid.comhttp://www.green-aid.com Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmJurors Say They Received Outside Legal Advice http://cannabisnews.com/news/thread15579.shtmlPot Case Fuels Jury Power Debatehttp://cannabisnews.com/news/thread15556.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by JR Bob Dobbs on April 01, 2003 at 13:34:02 PT Aww yeah Also off-topic, the feds have announced they will no longer be airing the "drugs fund terrorists" ads after May. Of course, they'll be spending that money on another campaign, one designed to talk to kids who are already on drugs. Good luck on that one!! If that one doesn't work, THEN can we have our money back?? http://www.adage.com/news.cms?newsId=37504 [ Post Comment ] Comment #5 posted by palmspringsbum on April 01, 2003 at 13:31:03 PT: okay, here's the docs Sentencing is June 4th, (not 7th - it's Juday & Lynn Osburn's trial that's the 7th, and that's this month - next week): http://www.green-aid.com/news.htmHere's the story about marny Craig's consultation: http://www.alternet.org/story.html?StoryID=15260And this was February 26th. I guess if you need to sell papers it could be a 'startling revelation', but what startled me was THIS '...With Rosenthal's sentencing slated for later this month...'?Has the sentencing date been moved up? When did this happen and why? [ Post Comment ] Comment #4 posted by palmspringsbum on April 01, 2003 at 12:49:04 PT: Huh? My first thought when I saw this is someone must have posted an old story. Then, when I read that the sentencing was to be this month I said to myself "Huh?!".Last I heard the sentencing was to be June 7.Checking now to make sure I remember correctly.At this point I'm thinking Warren Hinkle has a wry sense of humor....April fool......and yes, the Tulia case is an outrage and one that should be thrown in the public's face at every opportunity. [ Post Comment ] Comment #3 posted by phil_debowl on April 01, 2003 at 11:57:04 PT Tulia narcotics case This is off topic, but it's really good news. I don't know how many of you are familiar with the Tulia, TX case where they pretty much arrested 1/4 of the black population in a town of 5000 for distribution of cocain. Basically a lone undercover agent said he made buys from around 40 people (in a town of 5000). Almost all black. Raids didn't find any drugs in any of the residences, and the only evidence was notes the agent had written. No video/audio/physical evidence of any kind and over 30 people got charged and a lot went to jail. There's a really good story about it on pot-tv in the "moving beyond the war on drugs" movie segment. Anyway, the arrests look like their finally going to be overturned. Here's a link to the latest story.http://www.guardian.co.uk/uslatest/story/0,1282,-2526086,00.html [ Post Comment ] Comment #2 posted by billos on April 01, 2003 at 11:36:51 PT: fire with fire That's the only way to win with the feds; beat them at their own game. [ Post Comment ] Comment #1 posted by 420toker on April 01, 2003 at 10:10:50 PT Lets Hope This poor guy could be bounced around like a ping pong ball till prohibition ends or till everything quiets down and the Feds can quietly let him go. Ed will be the lightning rod of reform lets hope they hold him up very high. [ Post Comment ] Post Comment