cannabisnews.com: Juror Silent as Judge Weighs Data





Juror Silent as Judge Weighs Data
Posted by CN Staff on April 09, 2003 at 10:46:02 PT
By Josh Richman, Staff Writer
Source: Oakland Tribune 
With a former juror still invoking her Fifth Amendment right not to testify about her own misconduct, a federal judge held Tuesday what could be the last hearing before Oakland medical marijuana guru Ed Rosenthal's June sentencing. Attorneys still must file briefs with U.S. District Judge Charles R. Breyer on whether juror Marney Craig of Novato -- who before deliberating had contacted a lawyer friend for advice on following Breyer's instructions -- compromised Rosenthal's right to a fair trial. Rosenthal's lawyer, Dennis Riordan, is arguing she did. 
Craig's friend told her she had no leeway to disregard the judge's instructions and vote her conscience, and Riordan says this affected Craig's vote as well as that of juror Pam Klarkowski of Petaluma, with whom Craig shared her friend's advice. Rosenthal was convicted Jan. 31 of three marijuana felonies, and faces five to 40 years in prison when he is sentenced June 4. The juror misconduct is but one of several post-trial issues he is raising either to have his conviction set aside or to develop a record for the appellate courts. Breyer said he'll decide the post-trial motions after all of the briefs are filed in a few weeks, probably without any further hearings. Rosenthal says he grew marijuana in accordance with California's medical marijuana law and as an officer of the Oakland Cannabis Buyers Cooperative, under the protection of a city ordinance. But jurors weren't told that. Breyer deemed any mention of state and local laws irrelevant because federal law -- the only law recognized in federal court -- still deems marijuana completely illegal. Many jurors who learned of Rosenthal's protection by Oakland's ordinance only after rendering their verdict expressed outrage and regret. Had they known, they said, they would have acquitted Rosenthal despite the evidence against him. Craig at the time called her vote to convict "the most horrible mistake I've ever made in my entire life."Source: Oakland Tribune (CA)Author: Josh Richman, Staff WriterPublished:  Wednesday, April 09, 2003Copyright: 2003 MediaNews Group, Inc. Contact: triblet angnewspapers.com Website: http://www.oaklandtribune.com/Related Articles & Web Sites:OCBChttp://www.rxcbc.org/Green-Aid.comhttp://www.green-aid.com Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmConvicted Pot Grower Jabs at Feds http://cannabisnews.com/news/thread15899.shtmlJuror Takes The Fifth in Medical Marijuana Casehttp://cannabisnews.com/news/thread15866.shtml
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