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Indybay Feature
Report from Ed Rosenthal's Hearing on 4/20
At a hearing today in federal court on the Rosenthal case, it was
confirmed that the government is proceeding to trial on May 14 on the
marijuana charges, seeking a felony conviction but no jail time.
confirmed that the government is proceeding to trial on May 14 on the
marijuana charges, seeking a felony conviction but no jail time.
Certain dates were set at the hearing today. For example, there is a
hearing on motions "in limine" on May 10 at 2:15pm. At this
hearing, decisions will be made as to the evidence admissable at trial.
Judge Breyer has made it known that he will follow the Ninth Circuit
ruling in Rosenthal's case and prohibit any entrapment by estoppel defense
(Rosenthal's argument re deputization by the City of Oakland failed).
The issue of what to do about so-called "recalcitrant"
witnesses (that refuse to testify for the government) will be delayed
until the government has finished its case. At that time, Judge Breyer
will deal with issues of immunity and contempt if necessary. The estimated
time for the government to have finished its case, is May 25. The witness
hearing is scheduled for that date, pending any delay in the trial.
Kris Hermes
Legal Campaign Director
Americans for Safe
Access
hearing on motions "in limine" on May 10 at 2:15pm. At this
hearing, decisions will be made as to the evidence admissable at trial.
Judge Breyer has made it known that he will follow the Ninth Circuit
ruling in Rosenthal's case and prohibit any entrapment by estoppel defense
(Rosenthal's argument re deputization by the City of Oakland failed).
The issue of what to do about so-called "recalcitrant"
witnesses (that refuse to testify for the government) will be delayed
until the government has finished its case. At that time, Judge Breyer
will deal with issues of immunity and contempt if necessary. The estimated
time for the government to have finished its case, is May 25. The witness
hearing is scheduled for that date, pending any delay in the trial.
Kris Hermes
Legal Campaign Director
Americans for Safe
Access
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