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CaptainKirk

Registered: 07/15/05
Posts: 2,478
Loc: gone
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ed rosenthal gets pot conviction overturned
#5561873 - 04/27/06 07:38 AM (17 years, 9 months ago) |
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thought this was cool..even though the bastards will try to fuck him again 
Court Overturns Pot Grower's Conviction Wednesday, April 26, 2006 2:45 PM EDT The Associated Press By DAVID KRAVETS
SAN FRANCISCO (AP) ? A federal appeals court Wednesday overturned the pot-growing conviction of the self-proclaimed "Guru of Ganja," a marijuana advocate who has written books on how to grow pot and avoid getting caught.
The court cited jury misconduct in overturning Ed Rosenthal's conviction, but it otherwise upheld federal powers to charge marijuana growers.
Rosenthal was convicted in 2003 for cultivating hundreds of marijuana plants for a city of Oakland medical marijuana program. U.S. District Judge Charles Breyer sentenced him to one day in prison, saying Rosenthal reasonably believed he was immune from prosecution because he was acting on behalf of city officials.
The government sought a two-year prison term and appealed. Rosenthal cross-appealed.
The case drew national attention, in part, because of Rosenthal's status as a leading author and proponent of marijuana. It also underscored the federal government's position that medical marijuana is illegal, it has no medical value, and the will of California voters has no affect on federal drug laws.
A three-judge panel of the San Francisco-based appeals court, in overturning the verdict, said a juror had had inappropriate communication with an attorney.
"Juror A" had asked a friend who is an attorney whether she had to follow the law or could vote her conscience because she suspected Rosenthal was growing marijuana for medicinal uses. The attorney told her she must follow the judge's instructions to follow federal law or she would get in "trouble."
"We hold that here the communication was an improper influence upon Juror A's decision to acquit or convict," the appeals court wrote.
The court rejected Rosenthal's argument that he should have been allowed to tell jurors he was growing marijuana for the city for medicinal uses.
While the case was on appeal, and despite Rosenthal's claims, the Supreme Court ruled again that the federal government can prosecute medical marijuana growers and users despite California's medical marijuana law.
Rosenthal once wrote the "Ask Ed" column for High Times magazine and has written books with titles including "The Big Book of Buds" and "Ask Ed: Marijuana Law. Don't Get Busted."
Reached by phone Wednesday, he declined immediate comment on the ruling, saying he had not yet read the decision.
U.S. attorney's spokesman Luke Macaulay said the office was considering whether to appeal or going ahead with a new trial.
Edited by veggie (04/28/06 07:02 AM)
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EquilibriuM
dream stalker

Registered: 07/17/05
Posts: 2,323
Last seen: 16 years, 7 months
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Re: ed rosenthal gets pot conviction overturned [Re: CaptainKirk]
#5561899 - 04/27/06 07:53 AM (17 years, 9 months ago) |
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YAY!
-------------------- HELP!!!!!!!!!
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blaze2
The Witness


Registered: 12/20/02
Posts: 1,883
Loc: San Antonio, TX
Last seen: 11 years, 6 months
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Re: ed rosenthal gets pot conviction overturned [Re: EquilibriuM]
#5563176 - 04/27/06 03:04 PM (17 years, 9 months ago) |
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kick ass, its so hard to find GOOD news these days.
-------------------- "Religion without science is blind, Science without religion is lame." Albert Einstein "peace is not maintained through force it is acheived through intelligence." Albert Einstein "Those who desire to give up Freedom in order to gain Security, will not have, nor do they deserve, either one." Thomas Jefferson "To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical." --Thomas Jefferson
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Microcosmatrix
Spiral staircasetechnician


Registered: 10/20/05
Posts: 11,293
Loc: Ythan's house
Last seen: 17 years, 1 month
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Re: ed rosenthal gets pot conviction overturned [Re: blaze2]
#5563212 - 04/27/06 03:13 PM (17 years, 9 months ago) |
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Quote:
U.S. attorney's spokesman Luke Macaulay said the office was considering whether to appeal or going ahead with a new trial.
It's still bad news.
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Seuss
Error: divide byzero


Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
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Re: ed rosenthal gets pot conviction overturned [Re: Microcosmatrix]
#5565861 - 04/28/06 03:04 AM (17 years, 9 months ago) |
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For anybody that hasn't really followed this, Ed is risking a very large prison sentence simply to bring awareness to the issue. He was found guilty in a puppet court, but the judge only gave him one day in jail. Time had already been served and he was released. If he had dropped it, he would be a free man, but would have a felony conviction on his record. He got an appeal because one of the jurors in the original trial talked to a lawyer during the trial for advice.
I called it a puppet court because of the amount of evidence that the judge refused to allow the defence to present to the jury. It was sickening. The judge didn't want to confuse the jury with little things, like the defense's side of the story. It is much easier to get a conviction when only the prosecution is allowed to present facts.
With the retrial, Ed could get his record cleared, or (more likely) he could go to prison for years and years.
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