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US: Rosenthal convicted again, but will do no time
Liz Highleyman liz@black-rose.com Bay Area Reporter
Thursday 07 Jun 2007 The retrial of cannabis cultivation expert Ed Rosenthal concluded with a split verdict Wednesday, May 30, but he will serve no additional prison time. Rosenthal, dubbed the "Guru of Ganja," was convicted on three charges of cannabis cultivation and distribution. However, he was acquitted on one felony count related to his work with the San Francisco Harm Reduction Center, and the jury deadlocked on a conspiracy charge, which federal prosecutors then dismissed. Rosenthal was first convicted of cultivation in 2003, but jurors later repudiated their verdict, complaining that U.S. District Judge Charles Breyer did not allow evidence regarding the efficacy of medical marijuana, or that Rosenthal had been deputized by the city of Oakland to provide cannabis for medical use in accordance with California's Compassionate Use Act. Breyer sentenced Rosenthal to a single day in prison with credit for time served. Rosenthal later won an appeal before the 9th Circuit Court due to juror misconduct, and the court ruled that he may not be subject to additional prison time for the same offense. In March, Breyer ruled that federal prosecutors acted vindictively in their attempt last October to lodge additional charges of money laundering and tax evasion against Rosenthal. Despite Breyer's advice, prosecutors decided to go forward with a retrial on the initial cultivation charges. Rosenthal declined to present a defense at his latest trial after Breyer again disallowed evidence about the medical benefits of cannabis and Rosenthal's belief that he was acting in accordance with state law. Defense attorney Robert Amparan attempted to cast doubt on the government and hinted that the jury was not receiving the full story. "There are places that we can't go," he said. "There are answers to realistic, reasonable questions you may have that I can't give you." Rosenthal's lawyers also suggested that the prosecution was relying on testimony from "convicted felons, liars, drug addicts, and thieves" who had been granted leniency in exchange for their cooperation. In an act of civil disobedience, several witnesses from the medical marijuana community refused to testify against Rosenthal. Although they were charged with contempt of court, Breyer did not punish them. After asking them if spending the weekend in jail would change their minds, he praised their dignified conduct and dismissed them last Tuesday. "I think that this prosecution is against the will of the people," said subpoenaed witness Debby Goldsberry. "I believe it would be illegal and immoral for me to participate in the prosecution." "If the jury had heard the whole truth, they would have acquitted me on all charges," Rosenthal said after hearing the verdict, predicting that this group of jurors, too, would come to regret its decision. "The jury was not allowed to hear valuable information it needed to make an unbiased and fair decision." Rosenthal's legal team indicated that they planned to ask Breyer either to throw out the new convictions or to grant a retrial. http://www.ebar.com/news/article.php?sec=news&article=1893
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