Ed Rosenthal Hearing Friday at 2pm on Vindictive Prosecution

*AMERICANS FOR SAFE ACCESS*
*MEDIA ADVISORY: *Wednesday, February 28, 2007

/*SF Federal court hearing 2pm Friday on motion to dismiss in Ed
Rosenthal case*/

*San Francisco* -- Author and medical marijuana activist Ed Rosenthal
will call for the dismissal of his case, based on vindictive
prosecution, at a hearing this Friday in federal court. This hearing, on
several motions to dismiss, centers on the re-indictment of Rosenthal
after his 2003 conviction was overturned in April 2006 by the Ninth
Circuit Court of Appeals. Additional motions that will also be heard are
based on prosecutorial misconduct, selective prosecution, unreasonable
delay, and grand jury misconduct.

Rosenthal's prosecution has been split into two separate cases by U.S.
District Court Judge Charles Breyer, one involving the single charge of
tax evasion, and another that includes nearly identical marijuana
charges from his earlier 2003 trial. Although Friday's hearing concerns
the tax evasion case, a motion to dismiss based on vindictive
prosecution asks Judge Breyer to throw out both cases against Rosenthal.

"The malicious nature of federal prosecutor George Bevan is
unparalleled," said Rosenthal. "He and the Department of Justice have
wasted huge sums of money in an effort to intimidate not only me, but
thousands of other medical marijuana patients. I don't see how these
prosecutors can live with themselves."

"The repeated prosecution of Rosenthal is clearly motivated by
vindictiveness for his exercise of First Amendment rights," said Joe
Elford, Chief Counsel for Americans for Safe Access and author of the
vindictive prosecution motion. "The prosecutor cannot use his office to
retaliate against Rosenthal simply for voicing the unfair nature of his
trial."

At Rosenthal's first appearance on new charges, in October 2006, the
court remarked, in reference to public comments by the defendant at the
time of his 2003 conviction: "[Rosenthal] can say whatever he wants to
about the prosecution, and he can say whatever he wants to about the
judge. That is his constitutional right."

After finding out that medical marijuana evidence had been excluded from
the 2003 trial, a majority of the jurors that convicted Rosenthal
recanted their verdict only days afterward. Due at least in part to
public outcry, Rosenthal was sentenced to one day in jail.

Additional motions were prepared and filed by Rosenthal's attorneys at
Pier 5 Law Offices.

Refer to a copy of the vindictive prosecution motion here:
http://www.safeaccessnow.org/downloads/Rosenthal_Vindictive_Prosecution.pdf

For more information on Ed Rosenthal's cases:
http://safeaccessnow.org/EdRosenthal

*What: *San Francisco federal court hearing that includes a motion
to dismiss based on vindictive prosecution by the government in the
re-prosecution of Ed Rosenthal

*When:* Friday, March 2, 2007; Hearing at 2pm with interviews
conducted afterward

*Where: *U.S. District Court, 450 Golden Gate, San Francisco, before
Judge Breyer


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ASA is the largest national member-based organization of patients,
medical professionals, scientists and concerned citizens promoting safe
and legal access to cannabis for therapeutic use and research. ASA works
to overcome political and legal barriers by creating policies that
improve access to medical cannabis for patients and researchers through
legislation, education, litigation, grassroots actions, advocacy and
services for patients and the caregivers. ASA has over 30,000 active
members with chapters and affiliates in more than 40 states.

--
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