Pot Case Jurors Call For New Trial

Sacramento Bee ^ | Feb. 5, 2003 | Claire Cooper

[Wolfie]

Pot Case Jurors Call For New Trial

They say they were misled when medical marijuana evidence was barred.

Seven jurors who convicted a prominent medical marijuana activist called for a new trial Tuesday, rebelling against what they said was a misleading case and intimidating atmosphere.

At an unusual rally outside the federal courthouse here, several jurors, defiant and shaken, expressed solidarity with defendant Edward Rosenthal four days after convicting him of running a massive pot-growing operation in West Oakland.

Rosenthal is the author of a dozen books about marijuana and a how-to column for pot magazines. He was a major supplier for medical pot dispensaries in the Bay Area. However, U.S. District Judge Charles Breyer barred all evidence of medical use at the trial.

Smiling and unbowed, Rosenthal appeared at the noon rally to embrace jurors following a hearing at which the government's motion to take him into custody was denied for the immediate future. He remains free on $200,000 bond. The judge said he may keep Rosenthal out of prison permanently because his case is unusual.

"Both the jury and I were victims of vicious persecution," Rosenthal said at the rally.

The jurors said they began having misgivings as soon as they disbanded Friday. One bit of missing information -- that Rosenthal had been deputized by Oakland to supply that city's pot program -- would have forced them to acquit, they said.

"It was a nightmare for us once we realized what we had done here," said juror Marney Craig.

The Novato property manager said the jurors didn't know if there could be legal reprisals for their protest. But she added, "At this time I don't really care. ... I feel we were sheep. We were manipulated and controlled."

Craig released a joint statement urging a retrial on behalf of five jurors, one alternate and, she said, two or three additional jurors who could not appear.

Charles Sackett, the jury foreman, read an apology to Rosenthal "for having participated in so unfair a court trial."

"I truly do not know if writing you this letter is a contempt of court," the Sebastopol landscape contractor told the defendant, who hugged him. "If it is, perhaps we can share a cell."

In urging Breyer to order Rosenthal into custody earlier Tuesday, prosecutor George Bevan said Proposition 215, the 1996 initiative that made marijuana legal under state law for seriously ill patients and caregivers, made no provision for large-scale suppliers.

"The only thing that's exceptional about this case is how it's being portrayed by the defense," he said.

Breyer, however, said the case may fall outside federal sentencing guidelines, which prescribe a prison term of at least five years. Sentencing has been set for June. A defense motion for a new trial probably will be heard in April or May.

With the jurors watching from the front row of his court's spectator section, Breyer said Rosenthal's claim of immunity from prosecution as a city official wasn't frivolous and had not yet been ruled on by the appellate courts.

[Dan(9698)]

>>>...their official acts, such as the act of distributing drugs. Like that law.

There is no "official acts" to distribute "medical" dope.

[BlazingArizona]

Blah blah blah blahh, jury nullification, blah blah blah blah, Rosenthal was railroaded, blah, blah, pot is the savior of the world, blah, blah, blah, blah.

You really think that Godlike powers can be granted to just one federal bureau without the ATF and the IRS getting these powers too?

[Dan(9698)]

>>>...Do tell us dan, how would your finely honed legal mind get ~you~ out of this one if intent can not considered?

I do not claim that intent is not to be considered.

They made that claim to the judge and he figured it was bogus. I guess appeal will decide.

[Dane]

Dane-boy, you're becoming a one trick old nag with the Pelosi bit.

GIve it a rest.
It was dumb the first time you said it.

LOL! One trick nag? Oh that is special, coming from the King of one trick nags, ole tpaine himself.

Anyway here is her web site, like I said that is where you will probably find the most sympathetic ear to Mr. Rosenthal's plight.

Nancy Pelosi's web site

[Dan(9698)]

>>>...We are still left with remedies for changing the law, even a few remedies that don't involve the courts...

If there is to be a change, it will be done not involving the courts.

That was my point all along. Setting someone up to test the federal law in court is a way to get someone sent to jail.

[Ken H]

Might find a sympathetc ear here, too-- http://www.freerepublic.com/about.htm "Like millions of Americans, we are fed up with our out of control federal government. Therefore, we are working to roll back decades of liberal/socialist public policies..."

[Dane]

Might find a sympathetc ear here, too-- http://www.freerepublic.com/about.htm "Like millions of Americans, we are fed up with our out of control federal government. Therefore, we are working to roll back decades of liberal/socialist public policies..."

Hey knock yourself out, but like I said before, Ms.Pelosi is the person to go to, since it's her political persuasion, the modern radical American left, that champions the rights of people to do drugs, anytime, anywhere.

[Ken H]

Leftists depend on an expansive view of the General Welfare and Commerce Clause to push their agenda on the entire country.

Leftist programs, such as federal welfare, NEA-style education, and the WOD are creatures of New Deal/Great Society liberalism and owe their existence to the left's philosophy of a living, breathing Constitution.

[Dane]

Leftist programs, such as federal welfare, NEA-style education, and the WOD are creatures of New Deal/Great Society liberalism and owe their existence to the left's philosophy of a living, breathing Constitution.

And so is the modern day drug culture which got it's start in the 60's from the radical left counterculture and also which marijuana is a major component.

You may not like the facts, but the facts are that drug validation is a major tenet of the modern American left.

Barney Frank or Nancy Pelosi, IMO, think that Mr. Rosenthal's plight is worse than a baby which is going through a partial birth abortion, and you know that is the truth.

[Ken H]

You may not like this, but drug validation is a major tenet of the modern American left.

And a strict interpretation of the Constitution is a major tenet of the mission of Free Republic, as you can verify by the link in post #166.

Fine with me if you want to bring in abortion.

Abortion is another example of the USSC violating the clear language of the Constitution, and you can't deny that.

[pariah]

Your attempt to (falsely) identify pot use exclusively with the radical left is nothing more than an emotion-based rant, not an argument. And your usual two-cents worth contribution to drug threads isn't worth even that much.

[MrLeRoy]

Leftist programs, such as federal welfare, NEA-style education, and the WOD are creatures of New Deal/Great Society liberalism and owe their existence to the left's philosophy of a living, breathing Constitution.

And so is the modern day drug culture

Nonsense; the modern day drug culture clearly does NOT owe its existence to the philosophy of a living, breathing Constitution. (But the War On Some Drugs does.)

[Dane]

Nonsense; the modern day drug culture clearly does NOT owe its existence to the philosophy of a living, breathing Constitution. (But the War On Some Drugs does.)

Oh that's right you come from the school that the constitutional convetion was one big pot party, never mind.

[MrLeRoy]

Nonsense; the modern day drug culture clearly does NOT owe its existence to the philosophy of a living, breathing Constitution. (But the War On Some Drugs does.)

Oh that's right you come from the school that the constitutional convetion was one big pot party

Nonresponsive jabbering. Typical Drug Warrior.

[Dane]

Nonresponsive jabbering. Typical Drug Warrior.

And this comes from a person who basically thinks that the modern American drug culture is a benign entity.

Talk about nonresponsive jabbering, typical pro-druggie.

[general_re]

There is no "official acts" to distribute "medical" dope.

A rather perverse determination, since there is obviously an official act that consists of distributing "criminal dope". The objective act is the same, the claim of authority is the same...but somehow if we're selling it to people so we can toss their butts in jail, it all becomes okay.

How odd, then, it is that the federal government acted so quickly and firmly to prevent evidence of Rosenthal's motives from being introduced into court, when motive is the only thing that separates the acts of a professional crack dealer from the identical acts committed by an undercover policeman...

Setting someone up to test the federal law in court is a way to get someone sent to jail.

Or perhaps it wasn't a test case at all. Perhaps the city of Oakland and Rosenthal really and truly believed that the federal government would obey its own laws. Foolish of them, I know...

[MrLeRoy]

And this comes from a person who basically thinks that the modern American drug culture is a benign entity.

Yet another of your lies. Typical Drug Warrior.

[Dane]

Yet another of your lies. Typical Drug Warrior.

Whatever, LeRoy, keep up your mantra if it makes you feel good.

[MrLeRoy]

Yet another of your lies. Typical Drug Warrior.

Whatever

Your indifference to your lies is noted.

[PaxMacian]

Re: "food"

There are many translations of this word depending on the version of the Bible you read. Most say food or meat. But, the root word in either greek or hebrew is closer to partake or consume. Though as far as food or meat goes Hemp seed has the most complete set of amino acids needed for human sustenance of any plant on the face of Earth. Soybean is actually number one but it has substances which detract from absorption by the body. Moreover, God in the next verse gives it to the animals. Irradication of ditchweed starves the fauna and depletes the forest of game(food for us).