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US: Judge wants pot guru's case dumped (Rosenthal)

Monterey Herald

Saturday 17 Mar 2007

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SAN FRANCISCO (AP) - A federal judge told prosecutors Friday to consider
dropping pot-growing charges against self-proclaimed marijuana guru Ed
Rosenthal.

U.S. District Judge Charles R. Breyer granted the Department of
Justice's motion for a delay in Rosenthal's retrial, which was scheduled
to begin Monday. Earlier in the week, the judge dismissed money
laundering and tax charges against Rosenthal, saying they resulted from
a ''vindictive prosecution.''

Prosecutor George Bevan requested the postponement to review a
last-minute flurry of defense motions. But Breyer said he wants the
government to assess ''whether it makes sense to go forward with the
marijuana prosecution'' in light of his ruling.

Rosenthal, 62, was convicted on three marijuana-growing felonies in
2003. Breyer sentenced him to one day in prison, which Rosenthal served,
saying the ''Guru of Ganja'' reasonably believed he was growing the
plants on behalf of Oakland officials for a city medical marijuana program.

A federal appeals court overturned his conviction last year because of
misconduct by a juror who consulted an attorney on how to decide the
case. Federal prosecutors indicted Rosenthal again in October over the
same marijuana operation, adding four counts of hiding money and five
counts of filing false tax returns.

In his pointed instructions to Bevan on Friday, Breyer said he should
estimate ''if the government's resources and the court's resources are
well spent'' by trying Rosenthal a second time.

Breyer said he expected the lawyer to be prepared to answer when the
case returns to court April 13 whether the government had ever retried
someone who had already served his sentence.

Rosenthal has written books on how to grow marijuana and how to avoid
getting caught.

http://www.montereyherald.com/mld/montereyherald/news/16924524.htm

posted by http://www.lca-uk.org/

 

 

 

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