Medical Marijuana Grand Jury Convened in Connection with Ed Rosenthal

New Medical Marijuana Grand Jury Convened in Connection with Ed
Rosenthal

Oakland (August 24, 2006) -- Two individuals were
subpoenaed yesterday to appear before a grand jury today in federal
court. According to George Bevan, the Assistant U.S. Attorney
prosecuting the case, this is a new grand jury ostensibly convened to
investigate new information surrounding the prior indictment of Ed
Rosenthal. Because of the secrecy that surrounds grand juries in
general, the extent of the investigation and the government's aim is
not completely clear.

Rosenthal was arrested in February 2002 after the DEA raided the Harm
Reduction Center in San Francisco. Due to not being able to assert a
medical defense, Rosenthal was convicted in January 2003. After outrage
expressed by jurors and supporters alike, U.S. District Court Charles
Breyer sentenced Rosenthal on June 3, 2003 to one day in prison.
Rosenthal then appealed to the Ninth Circuit.

In April 2006, the Ninth Circuit Court reversed Rosenthal's convictions
and remanded his case to federal district court. That action by the
Ninth Circuit allowed the government to re-try Rosenthal. However, the
government has a limited amount of time in which to do that, and it
appears it has convened a grand jury to assist in the process. Since it
is illegal to use the grand jury to investigate a case in which an
indictment already exists, the government is claiming new charges will
be involved. The government's investigation has also been expanded to
include events that occurred between 1997 and 2002, whereas the
original case was only interested in the period between 2001 and 2002.

The two people that appeared before the grand jury today refused to
answer questions and invoked their Fifth Amendment Right against
self-incrimination. Bevan then scheduled a hearing for Thursday, August
31 at 10am, in which it is expected that the two people will be granted
immunity from prosecution within the context of the investigation.
Bevan indicated that if those subpoenaed refuse to answer questions he
may either charge them with civil contempt or seek indictments against
them.

ASA considers this to be a very serious matter. Not only could this
investigation result in more indictments, but Rosenthal stands to be
retried and could serve 10 years if convicted. While it does seem
ridiculous for the government to retry Rosenthal, after everything that
has occurred, there are certainly very real consequences for committed
people in this movement.

We will keep you updated as we learn more.

Kris Hermes
Legal Campaign Director

--
Kris Hermes
Legal Campaign Director
Americans for Safe Access
http://www.SafeAccessNow.org
1322 Webster Street, Suite 402
Oakland, CA 94612
Phone: 510-251-1856 x307
Fax: 510-251-2036
Email: kris [at] SafeAccessNow.org