cannabisnews.com: Pot Guru Walks





Pot Guru Walks
Posted by CN Staff on June 05, 2003 at 09:12:44 PT
By J.K. Dineen of The Examiner Staff
Source: San Francisco Examiner 
In a historic day for the medical marijuana movement, Ed Rosenthal walked away a free man Wednesday, as a federal judge sentenced him to a single day in prison for growing marijuana in violation of federal law.  While Rosenthal's friends and family cheered Judge Charles Breyer's unexpectedly light sentence in the courtroom, hundreds of banner-waving pot legalization partisans cheered and chanted "Ed, Ed, Ed" outside on the streets.
Federal Prosecutor George Bevan had asked for a six-and-a-half year sentence, characterizing Rosenthal as a drug kingpin and his medical marijuana operation "a cash cow."   But if Judge Breyer expected the ganja advocate to give thanks for his leniency by bowing beneath his judicial robes, he misunderstood Rosenthal.  Instead of relief or contrition, the combative counterculture guru responded to his liberation with characteristic defiance, calling Breyer a "corrupt judge" who ought to be "thrown off the bench."  "While I am happy I got only one day, it's one day too many," said Rosenthal flanked by his wife and two children. "I don't think just one day is justice."  Breyer said the light sentence was justified because of the `"extraordinary circumstances'' of the case -- namely that growing medical pot is legal under a voter-approved California law and that Rosenthal had sought and received approval from Oakland authorities.  "The court finds the circumstances of the offense are highly unusual,'' said Breyer, wearing his characteristic bow tie. "Rosenthal is hereby sentenced to custody of the Federal Bureau of Prisons for one day with credit for time served.''  Rosenthal's post-sentencing press conference featured all the characters that made his trial great theater. There were the wheelchair-bound medical marijuana patients who would arrive at the courtroom each day smelling of their medicine. There were the jilted jurors, who have gone national with their contention that Judge Breyer misled them by not allowing into the courtroom evidence dealing with medical pot or California law.  There was Rosenthal's steadfast wife Jane Klein and 14-year-old daughter Justine, who brought her schoolbooks into the courtroom and led the prosecution to seek a gag order after the first day of the trial when she appeared on the cover of The Examiner with the headline "My Dad's A Hero."  On Wednesday, Justine Rosenthal said: "The joy I feel right now is overwhelming. I had almost lost hope."  During the press conference, Rosenthal's lawyers said they have no plans to drop an appeal to the 9th Circuit Court of Appeals as he objects to the felony conviction, even if he is a free man.  "Absolutely not. Ed has suffered a federal conviction," Dennis Riordan said. "That is an onerous burden for anyone to carry."  Jury foreman Charles Sackett, a landscape contractor from Sebastopol, said the trial had changed his life.  "A lot of funny things have happened to me since this trial started, including my teenage son asking me if I'm still an advocate for the guru of ganja -- yes I am," he said.  While Rosenthal had no kind words for Breyer, in an interview with The Examiner, his wife acknowledged that they had been done a good turn.  "I do commend and I do thank Judge Breyer for his decision," she said.   Rosenthal said he plans to fight for other medical marijuana growers who have been charged by the federal government.  "But this is an historic day, this is day one in the crusade to bring down the marijuana laws, all marijuana laws,'' he said. "All marijuana should be legal.''Cover Picture of SF Examiner for June 05, 2003: http://www.examiner.com/frontpages/060503fp.jpgSource: San Francisco Examiner (CA)Author: J.K. Dineen of The Examiner StaffPublished: Thursday, June 05, 2003Copyright: 2003 San Francisco ExaminerContact: letters sfexaminer.comWebsite: http://www.examiner.com/Related Articles & Web Site:Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htm `Guru's' Tirade on Marijuana Earns Respect http://cannabisnews.com/news/thread16540.shtmlMedicinal Pot's Leader Receives Lenient Sentence http://cannabisnews.com/news/thread16538.shtmlRosenthal Gets Slap On Wristhttp://cannabisnews.com/news/thread16537.shtml
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Comment #7 posted by FoM on June 06, 2003 at 22:10:58 PT
afterburner
This song is one that was so much a part of our lives back years ago. My son even said to me before he passed away that now I will be free to go and move to the Colorado Rocky Mountains like I wanted to so much back then. I remember telling him that I didn't want to move to Colorado because I get too cold now. He laughed but seriously John Denver was a big part of the music we enjoyed. I'm so sorry to read about your wife. We don't know a lot about each other here on CNews. I always try to remember there are people with feelings on the other side of a keyboard and know that we can make their lives a little happier or cause someone a great deal of pain. The choice is ours. I choose to live with poems, prayers and promises and things that we believe in. 
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Comment #6 posted by afterburner on June 06, 2003 at 21:45:58 PT:
Thanks, FoM
It's been a tiring week: a week of hope and promise, a week of battles won and battles yet to come. I just woke up again and played that song. It brings back many memories of times spent with my departed wife when our family was young. I gave that CD to my son to help him remember her and the friends we shared time with. Thank God for people like John Denver, who provided part of the hopeful soundtrack of our lives. God bless the cannabis activists. May all of you derive power and comfort from the beauty of nature and from the compassion of human community.ego transcendence follows ego destruction, friend to friend, lover to lover, parent to child.
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Comment #5 posted by FoM on June 06, 2003 at 20:04:45 PT
Just a Song
Hi Everyone,I was mowing today and dug out an old John Denver CD and forgot how I much I loved this song. Here it is if anyone is interested in listening to it.http://www.charbono.net/songs/poemsprayersandpromises.mp3
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Comment #4 posted by FoM on June 05, 2003 at 22:06:27 PT
I Wanted To Mention Something Important
I've known for a few hours that Cheryl Miller is back in the hospital and it isn't looking very good for her this time. I read an email from Gary Storck. She has pneumonia and a fever. I don't know what to say because she might not make it. For those that pray please do.http://www.immly.org/http://www.cherylheart.org/
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Comment #3 posted by FoM on June 05, 2003 at 10:19:24 PT
Marijuana Hero MP3
No hero judge  Songwriter and producer Bernie Haisch had barely posted the lyrics and the MP3 download to his pop ballad about marijuana hero Ed Rosenthal (www.una-aria.com) than Judge Breyer came along Wednesday and sentenced Rosenthal to one day, time served, for growing plants for the medical marijuana patients, which was legal under California law but illegal under federal law.  Before that ballad is withdrawn from popular consumption (because of Rosenthal's victory as heralded by today's newspaper headlines), check it out as that ode should stay out there; as victories go, this is draconian re: Rosenthal, and appeals are mandatory.http://www.una-aria.comSF Examiner: http://examiner.com/warren_hinckle/default.jsp?story=n.hinckle.0605w
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Comment #2 posted by paulpeterson on June 05, 2003 at 09:41:41 PT
PROHIBITION DEJAVU
The three stages to any change in society are: 1)indignation at the proposterous idea in the first place, 2) as the idea takes root, vehement opposition (which accelerates towards the end of this stage, where we are now) & 3) calm acceptance of the idea as truth (like higher evolved creatures in some parts of the world).In the legal community, change occurs by stages also: 1) some societal need is felt by some (judge or jury) and the finder of fact finds some "fiction" to allow a "smokescreen" to find such justice, 2) the decision is cited as precedent enough to become a "rule of law" and finally, either it is upheld in the high courts and or the LEGISLATURES CODIFY the change, for consistency purposes.Some 75 years ago, federal prosecutors found themselves ankle deep in the shit they had formed by prohibiting the transportation, etc., of bootleg whiskey and such. Juries were comprised of people that liked to drink booze and JURY NULLIFICATION became the needle that broke the back of prohibition.ED'S CASE: A curious case of REVERSE JURY NULLIFICATION, ie: since this has become such a visible sign of injustice, THE JUDGE WAS FORCED HIMSELF TO NULLIFY THE SENTENCE, against his own MANDATORY SENTENCING GUIDELINES. True, he does have these guidelines that provide for "downward departure" from the strick minimums, but here, he did not even STATE THAT HE WAS USING THE DOWNWARD GUIDELINES.The judge's decision will be invaluable precedent for those other handful of cases in California where the feds had ALREADY BUSTED prior to the holding in this case coming down. In other words, although he specifically noted that this decision WILL HAVE NO PRECEDENTAL VALUE, by the time those other federal "felons" have been similarly sentenced so lightly, this will become, in the collective rubric of society, important precedence for future busts!In other words, the slippery slope to total disregard for federal law has already began. And remember, once that floodgate gets opened, the cases rush out (like those dozens of possession charges that are being dismissed enmasse in Canada!)KUDOS TO ED FOR MAINTAINING HIS APPEAL TO THE 9TH CIRCUIT COURT OF APPEALS. ED IS NO FELON. Take away his chains, take away his discreditation, and at the same time, take away this smelly ring around the collar that is the DRUG WAR, OK? (Those words are for the 9th Circuit, of course).By the way, just yesterday in Illinois, there was an important hearing on a glaucoma patient that was caught growing her own medicine. She has a doctor that has certified necessity under the Illinois law which means that officially, Illinois has just joined the judicial fight!(I'm still waiting for my federal judge in Chicago to rule as to whether the Illinois Supreme Court can be forced to answer for their own frauds against me in my own ethical matter). This judge has refused to rule on the motion to dismiss filed by the Illinois Supreme Court for NINE MONTHS NOW! He knows that if he DOES dismiss the suit, I will probably charge him with AIDING AND ABETTING PERJURY, if he DOESN'T the ethical police corps of the Illinois Supreme Court will probably bully him about his law license (they can always TRUMP UP SOME CHARGES IF THEY WANT TO!).At the exact same time I was in front of that judge 9/5/02 (maybe I'm off a day or two) arguing medical marijuana issues, the WAMM was raided in Santa Cruz. I filed a claim to void the CSA or to at least craft an exeption for non-interstate medical marijuana users, etc. (Now the WAMM people have filed a similar charge, which probably beguiles this judge in Chicago all the more).NOW IS THE TIME FOR ALL GOOD MEN TO COME TO THE AID OF THEIR COUNTRY. Get involved. Call your legislative leaders to action. This pitched battle is heating up quite nicely. (And stay tuned for this federal judge's decision as to whether I can start a MARIJUANA CHURCH UNDER THE RELIGIOUS FREEDOM RESTORATION ACT OF 1993).OVER AND OUT, SOMEWHERE IN THE PLAINES.
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Comment #1 posted by FoM on June 05, 2003 at 09:17:12 PT
Here's The Picture But Cut Down a Little
http://www.freedomtoexhale.com/exmlg.jpg
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