|
|
| 'Ganja Guru' Rosenthal's Conviction Overturned |
|
Posted by CN Staff on April 26, 2006 at 15:22:47 PT By Josh Richman, Staff Writer Source: Oakland Tribune 
California -- A federal appeals court on Wednesday overturned the felony convictions of "Guru of Ganja" Ed Rosenthal of Oakland, finding juror misconduct warrants a new trial for the renowned marijuana activist and author.A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco found a juror's conversation with an attorney-friend during deliberations compromised Rosenthal's right to a fair trial and verdict. But while the ruling is good news for Rosenthal, it's not terribly good news for medical marijuana advocates. The appeals court rejected Rosenthal's claim of immunity from prosecution as an officer of Oakland who grew the drug under the city's medical marijuana ordinance. "Although the city of Oakland purported to authorize Rosenthal to manufacture marijuana, he was not `duly authorized' to do so, as state law does not allow the manufacturing of marijuana by individuals other than the patient or his primary caregivers," Circuit Judge Betty Fletcher wrote for herself and circuit judges Marsha Berzon and John Gibson. Furthermore, she wrote, growing marijuana for medical use doesn't amount to "enforcement" of any law under the immunity statute. "The state law does not give any person a right to obtain medical marijuana from any particular source, and the Oakland Ordinance does not mandate that Rosenthal manufacture marijuana." Rosenthal couldn't immediately be reached for comment. Luke Macaulay, spokesman for the U.S. Attorney's office in San Francisco, said Wednesday prosecutors haven't yet decided whether to retry Rosenthal, seek a rehearing by a larger 9th Circuit panel, or take other action. "We are reviewing the court's decision and considering the available options." Famed for his marijuana cultivation books and the "Ask Ed" column he used to write for High Times magazine, Rosenthal was convicted of three marijuana-growing felonies in 2003, more than a year after federal agents raided sites including his Oakland home, an Oakland warehouse in which he was growing marijuana, and a San Francisco medical marijuana club he supplied. Joseph Elford, one of Rosenthal's attorneys, argued to the appeals court last September that Rosenthal deserves a new trial because of juror misconduct. During deliberations, a juror troubled by the idea of convicting Rosenthal consulted a friend — who happened to be an attorney — and was advised that she could "get in trouble" for deviating from the judge's instructions. She shared that advice with another juror. "Jurors cannot fairly determine the outcome of a case if they believe they will face `trouble' for a conclusion they reach as jurors," Fletcher wrote. "The threat of punishment works a coercive influence on the jury's independence, and a juror who genuinely fears retribution might change his or her determination of the issue for fear of being punished." Not only is there a "reasonable possibility" of prejudice, she wrote, "but the government has not succeeded in rebutting the presumption that a new trial is warranted. Accordingly, we reverse the district court and order a new trial." Marney Craig of Novato, the juror who had the fateful conversation, was among a majority of jurors who after rendering their verdict went public with their support and sympathy for Rosenthal and their demand for a new trial. They said they felt they'd been railroaded into convicting him, and they apologized for the verdict. Craig couldn't be reached Wednesday. Rosenthal's attorneys also had claimed prosecutor George Bevan committed misconduct when discussing the investigation's aims with grand jurors who eventually indicted Rosenthal, in that he allegedly lied about not targeting medical marijuana clubs. The appeals court agreed with Breyer that this wasn't the case. It also rejected the claims that Breyer ruled erroneously on a defense objection to certain evidence, and that Breyer erred in instructing the jury regarding its right to engage in nullification — refusing to convict according to the law, instead acquitting the defendant as a matter of conscience, common sense or the perceived unjustness of the law. The government had cross-appealed the case, claiming U.S. District Judge Charles Breyer erroneously found Rosenthal eligible for a "safety valve" exception to sentencing guidelines in imposing only a single day of jail time as the sentence. In light of the overturned convictions, the appeals court dismissed that argument as moot. Related Articles & Web Site: Americans For Safe Access Ed Rosenthal's Pictures & Articles Court Overturns 'Guru of Ganja's' Conviction Twist Ends Medical Marijuana Case Home Comment Email Register Recent Comments Help |
 |
| Comment #13 posted by whig on April 26, 2006 at 22:04:45 PT |
| The appeals court decision was based upon the juror obtaining an outside opinion from a lawyer friend that she would get in trouble for nullifying, and sharing that advice with another juror. Breyer was not rebuked. [ Post Comment ] |
| Comment #12 posted by whig on April 26, 2006 at 22:01:58 PT |
| "It also rejected the claims ... that Breyer erred in instructing the jury regarding its right to engage in nullification" [ Post Comment ] |
| Comment #11 posted by AOLBites on April 26, 2006 at 21:55:02 PT |
| The defense, unable to argue about a possible medical justification, made a thinly veiled plea for jury nullification in disregard of the federal anti-pot law. "Please do justice," said defense lawyer Robert Eye. "We don't ask you to check your common sense of justice at the door when you judge this case. I can only hope there are those of you whose sense of justice ... " But Breyer interrupted. "It's not your determination whether a law is just or unjust," the judge told jurors. "That can't be your task." [ Post Comment ] |
| Comment #10 posted by AOLBites on April 26, 2006 at 21:33:17 PT |
| "Jurors cannot fairly determine the outcome of a case if they believe they will face `trouble' for a conclusion they reach as jurors," Fletcher wrote. "The threat of punishment works a coercive influence on the jury's independence, and a juror who genuinely fears retribution might change his or her determination of the issue for fear of being punished." [ Post Comment ] |
| Comment #9 posted by AOLBites on April 26, 2006 at 21:29:04 PT |
| Breyer was rebuked here for telling the jury that they had no right to nullification without fear of retribution! this case upholds the right of jury nullification [while at the same time strangely upholding the right to ban free speach in the courtroom; BIZZARE] [ Post Comment ] |
| Comment #8 posted by whig on April 26, 2006 at 21:02:16 PT |
| According to the appeals court, Breyer did not err. The reason cited for the reversal was juror misconduct resulting in mistrial, not an error of the judge. [ Post Comment ] |
| Comment #7 posted by runderwo on April 26, 2006 at 20:19:34 PT |
| Can anyone tell me in what way Breyer 'erred' regarding nullification? What statement did he make to the jurors? [ Post Comment ] |
| Comment #6 posted by FoM on April 26, 2006 at 19:44:02 PT |
| But ruling means new trial for marijuana advocate. Bob Egelko, Chronicle Staff Writer Wednesday, April 26, 2006
SAN FRANCISCO -- The federal marijuana cultivation convictions of noted pot advocate Ed Rosenthal were overturned by a federal appeals court today because of a juror's phone call to an attorney friend, who told her to follow the judge's instructions or she could get in trouble. The juror's unauthorized contact on the eve of the verdict in January 2003 was an "improper influence'' that denied Rosenthal a trial before an impartial jury, the Ninth U.S. Circuit Court of Appeals said in a 3-0 ruling granting him a new trial. "Jurors cannot fairly determine the outcome of a case if they believe they will face 'trouble' for a conclusion they reach as jurors,'' said the opinion by Judge Betty Fletcher. "The threat of punishment works a coercive influence on the jury's independence.'' Snipped: Complete Article: http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/04/26/MNG3EIFNVE4.DTL [ Post Comment ] |
| Comment #5 posted by ekim on April 26, 2006 at 18:36:23 PT |
| May 2 06 Beyond Criminalization: Healthier Ways to Control Drugs 07:00 PM Jerry Paradis Vancouver British Columbia Canada
Speaker Judge Jerry Paradis presents "Drug Regulation: An Alternative to Prohibition" when he participates in Public Diologues Beyond Criminalization: Healthier Ways to Control Drugs. Judge Paradis will be showing the new LEAP video and discussion is to follow. May 6 06 Cures Not Wars Rally 04:00 PM Jeff Kaufman New York New York USA Speaker Jeff Kaufman will speak at this year's "Cures Not Wars Rally". Location: Battery Park. Visit the following for a map to the rally: http://www.cures-not-wars.org/nymap2006.pdf May 8 06 A Debate Re: "Have Our Drug Laws Failed?" 04:00 PM Jim Gray San Diego California USA Speaker Judge James P. Gray will particpate in a debate with student drug testing advocate Roger Morgan. The topic of the debate is "Have Our Drug Laws Failed?" Location: San Diego State University, downstairs in the Aztec Center [ Post Comment ] |
| Comment #4 posted by mayan on April 26, 2006 at 18:29:12 PT |
| It (appeals court) also rejected the claims that Breyer ruled erroneously on a defense objection to certain evidence, and that Breyer erred in instructing the jury regarding its right to engage in nullification — refusing to convict according to the law, instead acquitting the defendant as a matter of conscience, common sense or the perceived unjustness of the law. If the jury would have been informed of their right of jury nullification and informed of the fact that Ed was growing cannabis for medicinal purposes there would have been no conviction whatsoever. Isn't it obvious which side of this struggle relies on lies and which side relies on the truth? Very telling, eh? Let's do it... Impeaching Bush, State by State: http://www.alternet.org/story/35467 THE WAY OUT... The NY Observer: "Conspiracy Theorists" at United93 premiere: http://www.911blogger.com/2006/04/ny-observer-conspiracy-theorists-at.html Top 15 to boycott/leaflet "United 93": http://portland.indymedia.org/en/2006/04/338207.shtml Flight 93 Flyers: http://911research.wtc7.net/materials/flight93/index.html Video Evidence of Thermite at WTC: http://video.google.com/videoplay?docid=-2991254740145858863&q=cameraplanet%2B9/11 EVIDENCE - Thermite Residue on Core Column *PIC*: http://www.rumormillnews.com/cgi-bin/forum.cgi?noframes;read=87970 [ Post Comment ] |
| Comment #3 posted by FoM on April 26, 2006 at 16:26:57 PT |
| You can listen to Congressman Hinchey's remarks about medical marijuana, states' right to legalize such use, the lack of scientific merit to the Administration's claims about it, his frustration with other members of Congress who ignore scientific fact on a variety of issues, and his intention to (re-)introduce legislation to de-fund the Drug Enforcement's interference in state efforts to legalize medical marijuana by clicking here. http://www.etopiamedia.net/empnn/audio/mauricehinchey2.0.wma [ Post Comment ] |
| Comment #2 posted by FoM on April 26, 2006 at 16:24:12 PT |
| Washington, D.C. April 26, 2006 By Marc Strassman, Reporter Congressman Maurice Hinchey supports states' right to legalize medical marijuana, despite recent FDA claims regarding marijuana's medical usefulness and discusses possible impeachment of President Bush following a Democratic take-over of the House of Representatives in November, 2006 http://etopiamedia.net/empnn/pages/cpt-emnn/cpt-emnn551-5551212.html [ Post Comment ] |
| Comment #1 posted by FoM on April 26, 2006 at 16:04:33 PT |
| Hear selected speeches and interviews from the NORML 2006 Conference. You can download the MP3 files or listen to NORML's Event PodCast. http://www.norml.org/index.cfm?Group_ID=6881 [ Post Comment ] |
| Post Comment |  |
 |  |