Two People Refuse Offer of Immunity, Continue to Resist MMJ Grand Jury re: Ed Rosenthal

Two People Refuse Offer of Immunity, Continue to Resist Medical Marijuana Grand Jury in Connection with Ed
Rosenthal


Oakland (August 31, 2006) -- Two people subpoenaed to a
grand jury, in connection with medical marijuana author and cultivator
Ed Rosenthal, invoked their constitutional rights today and refused the
federal government's offer of immunity. The two individuals, who for
the moment are choosing to remain anonymous, had refused to testify in
a hearing last week. The prosecutor, Assistant U.S. Attorney
George Bevan, ordered them to appear again on September 14 at 10am, at
which time the government may charge the two with civil contempt or
seek indictments against them. The recently convened grand jury in
Oakland is supposed to be investigating new information surrounding the
prior indictment of Ed
Rosenthal.



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.



The government is seeking additional evidence to enable it
to proceed with new charges against Rosenthal. As such, the
investigation has 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.
Although contempt charges and possible indictments have been threatened
against the two people subpoenaed, advocates assert that the government
is using intimidation tactics to assist its investigation.



In addition to Rosenthal facing 10 years if retried and convicted, the
case against Rick Watts, a former co-defendant with Rosenthal, has also
been re-opened. There will be a status hearing for Rosenthal and Watts
before Judge Breyer on September 13 in San Francisco federal court.
Judge Breyer indicated in a status hearing this week that the
government had better have new evidence to bring if it intends to retry
Rosenthal.



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