cannabisnews.com: Medical Pot Activist Loses New Trial Bid Medical Pot Activist Loses New Trial Bid Posted by CN Staff on May 18, 2003 at 18:08:49 PT By Josh Richman, Staff Writer Source: Oakland Tribune A federal judge on Friday denied Ed Rosenthal's motion for a new trial, clearing the way for the Oakland medical marijuana guru to be sentenced June 4. Rosenthal's claims of judicial error and juror misconduct didn't convince U.S. District Judge Charles R. Breyer of San Francisco to throw out his Jan. 31 conviction on three federal marijuana-related felony charges. "It wasn't unexpected -- he's had an agenda throughout this trial... he has shown his prejudice throughout," Rosenthal said Friday. "He had to bend the law, to find a crooked path to get to where he wanted to be." Rosenthal, 58, a renowned author and columnist on marijuana, grew pot under the auspices of California's medical marijuana law and related Oakland city ordinances. But federal law still prohibits all marijuana cultivation, possession and use, and federal agents arrested the self-described "guru of ganja" in February 2002. Breyer forbade Rosenthal from defending himself based on the state and city laws, ruling that federal law takes precedence and is the only relevant law in federal court. Most of the jurors who convicted Rosenthal, upon learned all the facts after the trial, apologized and now support him. Rosenthal's lawyers sought a new trial, arguing Breyer shouldn't have barred them from mounting a defense based on Rosenthal's belief that state and city laws immunized him from federal prosecution. They also argued the judge improperly excluded 19 people with pro-medical-marijuana beliefs from the jury, and later improperly instructed the jury about its right to "nullify," or vote their consciences instead of obeying the law. And they argued Rosenthal's right to a fair trial was violated by the misconduct of juror Marney Craig of Novato, who during the trial asked a lawyer friend whether she had to follow the law and Breyer's instructions explicitly. The friend told her she did, and she shared that with another juror. Breyer on Friday ruled no federal official ever misled Rosenthal into thinking he was immune from prosecution, and Rosenthal got the kind of jurors to which any defendant is entitled -- people whose personal beliefs won't bias them from following their court-given instructions to follow the law. Breyer also found his instructions to the jury didn't "preclude the jury from bringing its sense of justice to bear on its verdict, nor did they divest the jury of its inalienable right to nullify. As such, Rosenthal is not entitled to a new trial on this basis." And he rejected the argument "that a new trial is warranted because Craig's friend's exhortations to follow the law interfered with Craig's inclination to disobey it," an idea in conflict with the judicial duty to prevent nullification whenever possible. "Rosenthal has failed to identify a single published decision in support of this argument, and this Court will not be the first to write one." Breyer has said he'll consider legal reasons to issue a sentence less than the five-year mandatory minimum prison term Rosenthal faces. Rosenthal has vowed an appeal.Source: Oakland Tribune (CA)Author: Josh Richman, Staff WriterPublished: Sunday, May 18, 2003 Copyright: 2003 MediaNews Group, Inc. Contact: triblet angnewspapers.com Website: http://www.oaklandtribune.com/Related Articles & Web Sites:Green Aidhttp://www.green-aid.com/Americans For Safe Accesshttp://www.safeaccessnow.org/Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmJudge Denies Convicted Pot Guru New Trial http://cannabisnews.com/news/thread16316.shtml Rosenthal Faces Music in Key Marijuana Casehttp://cannabisnews.com/news/thread16248.shtml Home Comment Email Register Recent Comments Help Comment #9 posted by ekim on May 20, 2003 at 07:17:56 PT do judges have to tell jurors they can nullify Breyer also found his instructions to the jury didn't "preclude the jury from bringing its sense of justice to bear on its verdict, nor did they divest the jury of its inalienable right to nullify. As such, Rosenthal is not entitled to a new trial on this basis." [ Post Comment ] Comment #8 posted by FoM on May 19, 2003 at 12:43:03 PT Drug Policy Alliance Press Release Take Action: Congress Votes to Use Taxpayer Dollars to Attack Drug Policy ReformsMay 19, 2003Congress wants to use your money to tell you how to think and vote. Your help is needed today to stop them. The House Government Reform Committee will consider legislation this Thursday, May 22nd that would allow Drug Czar John Walters to spend taxpayer money to influence voters to reject drug policy reforms. The section is so broad it could allow the White House to use almost $1 billion in taxpayer money to run government-sponsored television ads against state and local ballot measures that enact drug policy reforms. It could even allow taxpayer money for partisan political purposes, such as government-sponsored attack ads against candidates the White House doesn't like. While this money could only be used right now for opposing drug reform efforts - including stopping ballot measures and partisan politics - it's a dangerous precedent that could soon expand to using taxpayer money to influence candidate races, ballot elections, and voter opinion on a wide variety of issues, including guns and abortion. Indeed, the drug czar's office is already running anti-drug ads that contain discreet pro-life and pro-gun control messages – at taxpayer expense. http://www.drugpolicy.org/news/05_19_03_ondcp.cfm [ Post Comment ] Comment #7 posted by FoM on May 19, 2003 at 10:43:30 PT Marijuana Policy Project Press Release MPP launches emergency campaign to prevent Congress from approving up to $1 billion in ads opposing marijuana policy reform legislation and initiatives.http://www.mpp.org/WarOnDrugCzar/index.html [ Post Comment ] Comment #6 posted by malleus2 on May 19, 2003 at 09:33:30 PT Looks like Mr. Rosenthal is a good candidate for Marc Emery's Underground Railroad...since he's already been railroaded above ground.Rene Boje ran..and is alive today. Peter McWilliams didn't...and has a cemetary for his current address. It doesn't get any clearer than that... [ Post Comment ] Comment #5 posted by mayan on May 19, 2003 at 06:39:05 PT Ed Rules! I wonder what Ed's chances are of winning his appeal? Should he flee to Canada? Whether he wanted to or not, Mr. Rosenthal has enlightened many to concept of jury nullification & the horrible injustices of the cannabis laws. The fed's screwed up big time. Our Last, Best Hope - Jury Nullification: http://www.sierratimes.com/03/02/10/robinson.htmThe way out IS the way in... Barbs aside, 9/11 questions aren't going away: http://thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1052251602426&call_pageid=968332188492&col=968793972154Subscriber Buys FTW Full Page Ad in The Washington Post: http://www.fromthewilderness.com/free/ww3/051603_wash_post_ad.htmlBob Graham, friend or foe? http://onlinejournal.com/Special_Reports/051803Conover/051803conover.html9/11 Film Draws Overflow Crowd: http://onlinejournal.com/Media/050703Lynn/050703lynn.html9/11 Prior Knowledge/Government Involvement Archive: http://www.propagandamatrix.com/archiveprior_knowledge [ Post Comment ] Comment #4 posted by lag on May 19, 2003 at 06:32:30 PT Oh Canada! They didn't even sing the American anthem properly in the episode either. Biting satire...The Simpsons are still necessary in this day and age, and I hope they blast through a 15th season and into a 16th and 17th. [ Post Comment ] Comment #3 posted by JSM on May 19, 2003 at 03:12:27 PT Extremist Party? Hey Virgil, do you have a web site for this? If so, I would like to investigate. Thanks... [ Post Comment ] Comment #2 posted by SWAMPIE on May 19, 2003 at 00:39:35 PT SONGS........... If anyone watched the " Simpsons",they formed a maple leaf and sang O'Canada at the end.It was a good episode too. [ Post Comment ] Comment #1 posted by Virgil on May 18, 2003 at 22:23:00 PT Sentencing day and getting a new number Ed Rosenthall was a man that grew the choir. It is nice to hear his words and remember his song.Free Canabis. Thanks Ed for growing the choir and for sometimes singing solo. Thank you, Canada for the joy you have brought the choir. I would like to remind everyone that the Exremist Party is working for unions to break the two party system and end the Largest Minority Rule. You can join in spirit or you can purchase Party BumperStickers and pins at our portal at LB&O.sux.I am inspired by the never ending chorus of Free Cannabis. As leader of the Moderate Exremist I would like to inform You of our summer theme. I admit I am exploiting the Cnewsers by pushing Extremist Party but it has you in mind. Yes, we need funding and visible support and sales help our cause. Order clothing availale with emblems online and select Freedom of Mind and recive a free "Take No Prisoners" Tee-shirt.The summer theme will be Teach a Chanter to SingGoddamn the Chanters. Man that would make a great wallsticker. Order two articles with Freedom of Mind Emblens pick any tee-shirt you want anda Take No prisoners and a wallsticker and magnet with Goddamn the Chanters"Sing because Tom and Rollie can't. Give them death and no liberty will not matter. I await the choirs next song. Maybe Ed would like to start us. [ Post Comment ] Post Comment