October 25th: Judge Charles Breyer dismissed three counts involving marijuana cultivation against Richard Watts, ruling that the U.S. Attorney's Office had violated the Speedy Trial Act. Judge Breyer, who sentenced Ed Rosenthal to one day in jail after the previous trial, openly challenged Assistant U.S. Attorney George Bevan several times about the federal government's justification for retrying Mr. Rosenthal and Mr. Watts. The judge said that a co-defendant's appeal was no justification for not bringing charges, and that what the prosecutor was describing were just ways to circumvent the Speedy Trial Act.

Ed Rosenthal's co-defendant, Mr. Watts, has been awaiting trial since his arrest in February 2002. Due to an automobile accident later that year, Mr. Watts was not tried along with Mr. Rosenthal for their involvement with the 6th Street Harm Reduction Center. Rick was declared competent to stand trial in May 2003, but the government failed to pursue its case against him and hoped that the superseding indictment, which was filed last week, would justify continued prosecution on the basis of new charges.

The Judge let the old conspiracy charge stand, along with two new counts against Watts, and suggested that the count of tax evasion be separated in a different trial for both defendants. He ordered Ed and Rick to appear in U.S. District Court on December 6th for a hearing about how to proceed with the case. With respect to money laundering charges against Ed, the Judge pointed out that it is a crime of intent (converting something illegal into something that looks legal), so the information that was excluded from Ed's previous trial would have to be included in a trial on money laundering charges. The information about Rosenthal having been deputized by the City of Oakland, and the fact that he had been growing clones for qualified patients would have to be included in the next trial. The attorneys have been ordered to submit briefs about their opinions on whether or not tax-related charges should be separated from the others. A hearing about whether to have separate trials will be held on November 8th.

Indybay's Past Coverage | Report with Photos | Report from Americans for Safe Access