ED ROSENTHAL CONVICTED -- NEW TRIAL SOUGHT

BBSNews - 2003-01-31 -- Ed Rosenthal was convicted in federal court today of marijuana cultivation charges in front of an incredulous crowd, many of whom openly wept as the verdict was read.

Upon leaving the courthouse with his family, heads held high, a subdued but defiant Mr. Rosenthal was greeted by a mob of cameras, microphones and well-wishers. He and his attorneys vowed to fight on, saying this was a struggle for patients' rights that would win out in the end. Blocked from presenting their defense by U.S. District Judge Charles Breyer, his attorneys remain confident that the law is on their side and the appellate court will order a new trial that will allow them to present the evidence that will exonerate Mr. Rosenthal.

While he was found guilty of all three counts, the most serious related to conspiracy to grow more than a thousand plants, and on that count the jury found that he had conspired to grow more than a hundred but less than a thousand. That leaves his conviction for cultivation of more than a hundred plants as the offense with the stiffest penalty, with a sentencing range of from 5 to 40 years and a fine of up to $2 million dollars.

But after dismissing the jury, Judge Charles Breyer said that he would be conducting his own "independent inquiry" into determining whether he could make a "downward departure" on the sentencing, meaning impose less than the minimum sentence mandated by law. Such an inquiry would be to determine Mr. Rosenthal's eligibility for such an exception to normal sentencing.

Judge Breyer noted the extraordinary circumstances of the case in rejecting the motion of Assistant U.S. Attorney George Bevan, Jr. to have Mr. Rosenthal placed in immediate detention.

Judge Breyer also granted Defense Counsel Robert Eye and William Simpich an additional 30 days beyond the normal ten to file their request for a new trial. He also set the sentencing date as June 4th, much farther out than is normal.

The nearly six months until sentencing should allow enough time for the Ninth Circuit Court of Appeals to decide the appeal of another of Judge Breyer's cases that dealt with a question of immunity from prosecution in the context of medical marijuana distribution. Mr. Rosenthal had made a nearly identical claim in his case, which Judge Breyer had refused to allow. If the Ninth Circuit Court of Appeals overturns Judge Breyer's interpretation of the federal statute, as he himself said they very well might, it would virtually guarantee that Mr. Rosenthal's conviction would be overturned.

Jurors told the press that while they'd been distressed by the verdict they'd reached, they'd felt their hands were tied. The jury foreman said he, for one, hoped their decision would be reversed on appeal.

For information on what you can do to help Ed Rosenthal's appeal, visit http://www.green-aid.com.

http://bbsnews.net/bw2003-02-01a.html

"A federal jury in San Francisco found Ed Rosenthal, one of the nation's most prominent marijuana advocates, guilty Friday of felony conspiracy and cultivation charges -- a triumph for federal prosecutors seeking to override California's endorsement of pot as medicine. "

"Although defendants facing long terms are normally jailed after conviction, "this is an extraordinary case," the judge said. "It comes in the context of Proposition 215, the vote of citizens of this state, and the relationship of the defendant and the city of Oakland."

http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2003/02/01/MN108651.DTL