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East Bay | San Francisco | Drug War | Front Page

Tue Sep 12 2006 (Updated 10/26/06) Federal Government Attempting to Re-Try Medical Cannabis Providers
A rally and press conference for Ed Rosenthal and Richard Watts were held on Wednesday, October 25th at 1pm outside of the Federal Building in SF. Updates and reports Supporters were upset that Watts, who is quite ill, has been on pre-trial probation since 2002, contradictory to his right to a speedy trial, and the judge found that his rights had been violated. Rosenthal was sanctioned under city and state laws to grow cannabis and sell the plants to dispensaries.
Ed Rosenthal and Richard Watts appeared Sept. 13th before Judge Charles Breyer in U.S. District Court in a status conference to determine who will represent them in their upcoming trial for medical cannabis felonies. A press conference was held outside afterwards. A grand jury hearing that had been scheduled for the next day was cancelled-- it could still be reconvened to hear more evidence at a future date. Rosenthal and Watts are ordered to appear with counsel at 10 AM, Wednesday, September 27th, 2006. Mr. Watts was also ordered to appear on Friday, September 15th to have counsel appointed to him by the Federal Public Defender's Office. Report and Photos

The U.S. Attorney's office, represented by Asst. U.S. Attorney George Bevan Jr., has been attempting to re-indict medical cannabis guru Ed Rosenthal and Richard Watts, son of noted philosopher Alan Watts, for growing and providing medicinal marijuana. Two people were subpoenaed to appear before a grand jury related to this case last month, and they both invoked their constitutional rights and refused to testify. (ASA's previous coverage of the new grand jury) Assistant U.S. Attorney George Bevan reportedly ordered them to appear again on September 14th at 10am, at which time the government may charge them with civil contempt or seek indictments against them.

Federal agents raided Rosenthal's Oakland home, his warehouse grow-operation, and the 6th St Harm Reduction Center in February 2002, and charged the pair with multiple cannabis felonies. Ed Rosenthal was convicted in 2003, after a travesty of a trial in which medical marijuana could not be mentioned (collected coverage). After the verdict was announced, nine of twelve jurors recanted their decision, saying if they'd have known it was about medical cannabis, they wouldn't have voted guilty. Audio of Visionary Activist Show's 2003 interview with Ed

Judge Charles Breyer sentenced Ed to one day, and concluded Rosenthal had "reasonably" but erroneously believed that he was acting legally because of his support from local officials, saying that "extraordinary, unique circumstances of this case" justified an exemption from the usual five-year minimum term. Rick Watts has spent the last five years in federal probation, in legal limbo, awaiting trial for the same offenses.

In April 2006, the United States Court of Appeals for the Ninth Circuit reversed Rosenthal's convictions and remanded his case to U.S. District Court for retrial, due to possible jury misconduct. The U.S. Attorney's Office has the power to not retry him or Rick Watts, yet they choose to squander valuable taxpayer dollars by prosecuting Rosenthal and Watts, but they seem to have chosen to ignore the will of California voters who voted for Proposition 215 in 1996.

Ed Rosenthal's supporters are calling for all medical cannabis patients, their caregivers, and supporters to phone or fax the U.S. Attorney's office to demand that it immediately cease its prosecution of both cases, as well as all those currently awaiting trial for medical cannabis related offenses; and for the federal government to release all medical cannabis prisoners currently in custody.

Fault Lines article "trial by ordeal:The Modern-Day Witch Hunt" about Grand Juries | Fight Gov't Harassment/Fight Grand Juries: FBI Witchhunt website | Hemp Evolution | Americans for Safe Access | Green Aid

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