|Judge Urges Feds To Consider Dropping Charges|
Posted by CN Staff on March 16, 2007 at 13:59:06 PT|
By The Associated Press
Source: Associated Press
San Francisco -- A federal judge told prosecutors Friday to consider dropping pot-growing charges against self-proclaimed marijuana guru Ed Rosenthal.
U.S. District Judge Charles R. Breyer granted the Department of Justice's motion for a delay in Rosenthal's retrial, which was scheduled to begin Monday. Earlier in the week, the judge dismissed money laundering and tax charges against Rosenthal, saying they resulted from a "vindictive prosecution."
Prosecutor George Bevan requested the postponement to review a last-minute flurry of defense motions. But Breyer said he also wants the government to assess "whether it makes sense to go forward with the marijuana prosecution" in light of his ruling.
Rosenthal, 62, was convicted on three marijuana-growing felonies in 2003. Breyer sentenced him to just one day in prison, which Rosenthal served, saying the "Guru of Ganja" reasonably believed he was growing the plants on behalf of Oakland officials for a city medical marijuana program.
A federal appeals court overturned his conviction last year because of misconduct by a juror who consulted an attorney on how to decide the case. Federal prosecutors indicted Rosenthal again in October over the same marijuana operation, adding four counts of hiding money and five counts of filing false tax returns.
In his pointed instructions to Bevan Friday, Breyer said he should estimate "if the government's resources and the court's resources are well spent" by trying Rosenthal a second time.
Breyer also said he expected the lawyer to be prepared to answer when the case returns to court on April 13 whether the government had ever retried someone who had already served his sentence.
Rosenthal, a longtime pro-marijuana activist, has written books on how to grow marijuana and how to avoid getting caught.
Complete Title: Judge Urges Feds To Consider Dropping Charges Against Ganja Guru
Source: Associated Press (Wire)
Related Articles & Web Site:
Ed Rosenthal's Pictures & Articles
Judge Guts Pot Case Against Ganja Guru
Criminal Charges Against Guru of Ganja Tossed
Comment #8 posted by Richard Zuckerman on March 16, 2007 at 18:15:59 PT:|
|Before 1946, the U.S. Attorney had the authority to dismiss a prosecution without prejudice, then recharge the defendant at a time deemed propitious to the prosecutor. The U.S. Supreme Court felt that this was an abuse of prosecutorial discretion. Consequently, they implemented Federal Rule of Criminal Procedure 48(a), "F.R.Cr.P. 48(a)". See: U.S. v. Cockrell, 353 F.Supp.2d 762, 767 (N.D. Tex. 2005). |
First of all, F.R.Cr.P. 48(a) requires the prosecutor to provide satisfactory reasons for the dismissal, more than merely stating a conclusion that the dismissal is "..in the interests of justice." See: U.S. v. Ammidown, 497 F.2d 615, 620 (D.C. Circuit, opinion written by Circuit Judge David L. Bazelon, 1973), U.S. v. Salinas, 693 F.2d 348, 351-352, footnote 17 (5th Cir. 1982), opinion (highly worthy of reading) denying rehearing, U.S. v. Salinas, 701 F.2d 41 (5th Cir. 1983); U.S. v. Cockrell, 353 F.Supp.2d @ 768-769.
Second of all, F.R.Cr.P. 48(a) requires the court to oversee the prosecutor's decision to dismiss is made in good faith. U.S. v. Salinas, 693 F.2d @ 348, opinion [highly worthy of reading] denying rehearing for the reason that the trial court abused its discretion by having granted the motion to dismiss, supra; U.S. v. Welborn, 849 F.2d 980 (5th Cir. 1988), headnotes 6-11. It was the trial court oversight requirement of F.R.Cr.P. 48(a) which brought on the dismissal of counts of an indictment against reputed fellow conspirator with Oliver North in the Iran-Contra debacle, named Admiral John Poindexter [and I'm not talking about the rock and roll singer whose stage name is Buster Poindexter, who has a notable song entitled "Good Morning Judge"!!!!!!!!!!!!!!!!!!!!!!], in the published opinion of U.S. v. John Poindexter, 719 F.Supp. 6, 10-12 (D.D.C. 1989).
I have had personal experience with F.R.Cr.P. 48(a), one in which 3rd Circuit Judge Dolores Sloviter canceled appellate oral argument and issued a "judgment order" on November 30, 1992, affirming a conviction for violation of 18 U.S.C. Section 876, mailing a threatening communication, in retaliation to my request to argue the appeal in pro se, in U.S. v. Richard P. Zuckerman, 3rd Circuit No. 91-5995. Circuit Judge Dolores Sloviter could have simply denied my pro se motion to argue the appeal in pro se, heard appellate oral argument from the court appointed appellate defense attorney, then rendered a reasonably detailed written opinion. Instead, she treated me like a kid who is to be seen and not heard, as if I am Public Enemy Number One!!! In a separate case, the United States subsequently held that we do not have a federal constitutional Right to argue our appeals in pro se, in the case of Martinez v. Court Of Appeal Of California, 528 U.S. 152, 145 L.Ed.2d 597, 120 S.Ct. 684 (2000). There is a Federal Rule of Appellate Procedure ("F.R.A.P.") which gives us the Right to file a Notice of Appeal. Why shouldn't we have a Right to argue our appeals under the F.R.A.P., even if there is no federal constitutional Right to argue our appeals ourselves? In my appeal, the court appointed lawyer assigned to represent me on appeal, Mr. Robert J. Candido, Esq., did not inform me that he was (and still is today, as far as I am aware of) the municipal prosecutor for Cedar Grove, New Jersey, and when I called him from the Butner Federal Correctional Institution [located in Butner, North Carolina, near Raleigh/Durham, in "Research Triangle"] he could not satisfactorily explain to me what F.R.Cr.P. 48(a) is, what a bad faith prosecution is, only stating he would need to read the paperwork, though he wrote a fine Appellant's Brief describing these two points as well as the change of venue issue [I was taken thru trial in the same federal courthouse where the victim judge worked and the prosecution witness was a law clerk who testified courthouse staff had to be escorted out to their automobiles at the end of the day they received the "threat", such that the trial court abused its discretion by having denied my motion for change of venue based on local prejudice, which had been granted in the Oklahoma City bombing case from a published decision entitled either In Re Wayne Alley or In Re Nichols [the exact title and citation of law of which I do not have available offhand]; and the federal statutory Speedy Trial Act issue. I was discharged from federal custody from expiration of the federal supervised release in October 1995. It has been 10 years since then. I plan to ask for a Presidential Pardon, when the next President is elected, if this country is not dissolved by that time from the "North American Union" by the criminal federal government now in power!!! The court-appointed criminal defense attorney who railroaded me for psychiatric "evaluation" and "treatment" under 18 U.S.C. Sections 4241.(a) & (d), Peter V. Ryan, Esq., was subsequently appointed to the New Jersey Superior Court bench as a trial judge. The Assistant United States Attorney who prosecuted me in the first indictment, Stuart Rabner, went behind my back and obtained a dismissal without prejudice of that first indictment, U.S. v. Richard Paul Zuckerman, Criminal No. 89-53 (Clarkson S. Fisher), D.N.J. (Trenton), "...for the reason that further prosecution of this matter is not in the best interest of the United States at this time", is now the Attorney General of The State Of New Jersey. The U.S. Attorney for New Jersey during the time of the first indictment, Samuel A. Alito, Jr., was subsequently appointed to the federal bench as a member of the U.S. Court of Appeals for the 3rd Circuit, and more recently was appointed to the bench as an Associate Justice of the United States Supreme Court. The trial prosecutor in the second indictment, Victor Ashrafi, Chief of the Criminal Division, was subsequently appointed to the bench as a trial judge of the Superior Court of New Jersey, I believe in Somerset County, N.J., among the wealthiest counties in this country. Apparently, they get promoted for beating up little guys like me, while the upper echelon of the United States Government has committed the most serious crimes in American history with impunity!!!
Ed Rosenthal should insist that the Indictment or excised counts of same Indictment should be dismissed WITH PREJUDICE!!!!
Richard Paul Zuckerman, P.O. Box 159, Metuchen, New Jersey, 08840-0159, (Cell telephone number)(848) 250-8879, (land line telephone number)(732) 220-1960, firstname.lastname@example.org, Diploma in Paralegal, New York University, 2003; B.A. in Political Science, which I prefer to characterize as an Associate in Applied Science Degree in Peep Show Technology, Kean College of New Jersey [now named Kean University], 1987. Registered to vote in Libertarian Party in New Jersey, member of www.njlp.org; member of www.norml.org; subscriber to: Cannabis Culture Magazine, High Times Magazine, New Jersey Militia Newsletter [Title 10 of the United States Code, Section 311, defines the "unorganized militia"], The Free Press newsletter [published in Kerrville, Texas]
[ Post Comment ]
|Comment #7 posted by whig on March 16, 2007 at 16:57:30 PT|
|Judge Breyer is signaling that if George Bevan goes forward, he will not be viewed favorably as he has already been found to be engaged in vindictive prosecution. Ed Rosenthal will consequently have a chance for damages, but good faith at this stage might mitigate -- if Bevan withdraws within 7 days.|
[ Post Comment ]
|Comment #6 posted by Toker00 on March 16, 2007 at 16:39:31 PT|
Be sure to watch the March on the Pentagon tomorrow. See if any 9-11 Truthers are allowed air time, or anything at all about cannabis. It will probably be all-out with the signs: EveryCause. Should be uplifting, though.
[ Post Comment ]
|Comment #5 posted by Toker00 on March 16, 2007 at 16:25:36 PT|
|Backbone Campaign. Just a little Patriotic Impeachment Drama...|
On Topic: EVERYONE CONVICTED OF NON-VIOLENT CANNABIS POSSESSION SHOULD BE PARDONED AND IMMEDIATELY RELEASED FROM PRISON! WHY? BECAUSE CANNABIS IS MEDICINE, THAT'S WHY!
[ Post Comment ]
|Comment #4 posted by Toker00 on March 16, 2007 at 15:59:11 PT|
|New 2008 War Deadline is Good
But Not Good Enough|
Tell Congress: vote against Iraq War funding
Americans who have suffered through four years of war in Iraq are reading in the news today that the House will finally vote on a bill to set a deadline for bringing our troops out of that war.1 That sounds good to a lot of wary people. Not us.
Here's the thing: we asked TrueMajority members what you wanted from Congress, and you said no more money for expanding the war, period. Despite some good things in this bill, it would still give the President nearly $100 Billion to keep sending troops. So we're offering you the opportunity to tell your member of Congress "Sorry, when we say end the war, we mean end the war. Please vote against the Iraq war funding bill next week."
Some people working against the war say that incremental steps are necessary to bring about fundamental change. But the role of citizens is to make clear what we want from our government, and hold them to it. Now's the time to make it clear that we reject escalation and want the war to end. Plain and simple.
Tell your representative to oppose the war funding bill.
Darcy Scott Martin TrueMajority Washington Director
1 - "House Panel Approves Bill To Fund War, Set Timeline", Washington Post, March 16, 2007.
Here's the message we'll send to your representative:
I'm concerned about the Iraq funding bill that you will be voting on soon. Despite the good things this bill would do, it would still give the President nearly $100 Billion to keep sending troops. Americans are calling for an end to this war, not more funding for war. Please vote against the Iraq funding bill.
[ Post Comment ]
|Comment #3 posted by Toker00 on March 16, 2007 at 15:38:13 PT|
|Worth a look/listen.|
[ Post Comment ]
|Comment #2 posted by Toker00 on March 16, 2007 at 14:55:56 PT|
|No Snow, No Rain in Washington, DC on Saturday|
Saturday's forecast is that it will not be raining or snowing in Washington, D.C. It will "partly sunny" with temperatures in the 30s-40s. For people in the Northeast, going to DC actually allows you to escape the snow.
The Impeachment Movement will be turning out to join the anti-war movement in this historic demonstration, demanding that Bush, Cheney and other high officials be held accountable and removed from office.
Join Cindy Sheehan, Ramsey Clark, Malik Rahim, Howard Zinn, Jonathan Hutto, Carlos and Melida Arredondo, ImpeachBush.org, Veterans for Peace, Iraq Veterans Against the War, the National Council of Arab Americans, Muslim American Society Freedom Foundation, World Can't Wait and impeachment supporters and groups from all over the country who are determined to end the war in Iraq and who are standing up for the Constitution. Many people coming to this demonstration are attending their first political protest. The march will be led by active-duty soldiers and marines, Iraq war veterans, soldiers' families and other veterans from past and present wars.
The demonstration will receive wide-spread national and international media attention. Get in your car, get on the bus, take the train - do whatever you have to to stand with so many who are coming together at this critical moment.
Your presence at the March on the Pentagon makes all the difference. We have to show the government, the rest of the country, along with the people of Iraq and the world, our deep commitment to bring an immediate end to the war in Iraq. We must let the world know that administration is not acting with our consent and make our demands clear: that Bush and officials in his administration are war criminals who must be Impeached. The March on Pentagon will be a stirring expression of a movement that won't rest until the last U.S. soldier has been brought home and Congress has carried out its Constitutional duty to Impeach.
All out for the March on the Pentagon!
Reminder: The march will step off from Constitution and 23rd St. at 12:30 p.m. and march to the Pentagon where there will be a rally. There is no opening rally at the assembly site, so be sure to get there on time to join the march.
Get your Connecticut or New York City bus ticket by clicking on this link.
Thanks to all those who have made donations to help the March on the Pentagon succeed. ImpeachBush.org is playing a key role in organizing and supporting this demonstration to raise the call for Impeachment and is helping pay for the major day-of expenses of sound and stage as well as buses and thousands of signs and placards that say, Guilty of War Crimes: ImpeachBush.org! With your help in the next day we can raise the funds still necessary for this effort. If you have never donated, please do so now. If you helped in the past there is no time more urgent than right now to make another contribution. You can make an on-line donation or learn how to send a check by clicking this link. If you cannot join with the anti-war movement at the March on the Pentagon, you can help by giving a financial contribution to make the day a success.
What to wear, what to bring:
Dress in layers so that you can stay warm but be comfortable as it gets warmer. Be sure to bring whatever drinks and snacks you will want for when you arrive at the Pentagon rally after the march. Bring your Impeachment signs - and we will also have thousands of signs available for you to pick up at the assembly area. Note: the Impeachment contingent will meet up at the assembly site at 23rd and Constitution. We have arranged for the Impeachment Tent to be right on the grounds of the rally site at the Pentagon so that more people will be able to access it, rather than at assembly site as previously announced.
For logistics and the plan for the day, click on this link. For more information, go to MarchOnPentagon.org
[ Post Comment ]
|Comment #1 posted by MikeEEEEE on March 16, 2007 at 14:08:53 PT|
|Evil at work.|
They're being seen now for what they really are.
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