Ed Rosenthal to be recharged.

Akornpatch

Well-Known Member
Ed Rosenthal: Faces Re-Trial for Old Medical Marijuana Charges
by Ed Rosenthal (12 Sept, 2006) Ed Rosenthal needs help - the federal government is raising a dead issue to try and jail him again.


The ganja guru himself: Ed Rosenthal
The Feds are going after one of the well-respected names in Cannabis: Ed Rosenthal. In 2003, Ed was tried on several trumped up charges after legally providing starter plants to California medical marijuana dispensaries. He was found guilty, but de-felonated after the jury found out they'd been lied to by the government. Now, the feds are going to re-try him and the outcome will determine if the feds understand that medicinal marijuana progress will not be stopped, or if they will be able to continue their War of Terror on the herb.

The outcome depends on whether people like you chose to help Ed, who has helped so many growers and tokers over the years. Want to help? Read the full letter from Ed below.


Hello. My name is Ed Rosenthal and I was tried in 2003 for providing marijuana starter plants to medical marijuana distribution centers. The exact charges were manufacture, providing a place to manufacture and conspiracy. The jury found me guilty.

Within four days of the trial, eight of the jurors repudiated the verdict. After leaving the jury box they had learned the whole truth: I was appointed as a City Officer empowered to provide patients with medical marijuana. They told the media that they felt that they had been used and worse.

After considering all the facts of the case the judge sentenced me to one day in prison, time served. I appealed the convictions on three grounds: improper actions by the juror, the fact that I was a city officer should have exempted me from prosecution under federal law and that even if I was not protected I had been led to believe I was by proper authorities and thus should be free from prosecution under the rules of estoppal.

The 9th circuit reversed the conviction on the basis of improper actions by the juror and held that I could be re-tried. On August 30, the judge held a status hearing. The prosecutor told the court that he intends to retry the case and the judge ruled that according to law the trial must start by the end of October. In addition, this time I will be tried with three co-defendants. Two of those people were subpoenaed by a grand jury and have refused to testify.

This is an extremely important case for the government and for medicinal marijuana supporters. They hope that a win here against me will give them a pass to attack all providers functioning under the California Medical Laws, then they will move on to decimate progress made in other states with similar medical marijuana laws. As you probably know, the federal authorities closed all of the medical facilities in San Diego in early August 2006. Our win in this case will be a major setback for the government's efforts to contain the medical marijuana phenomenon.

However, wins are costly. The last trial, which cost over $350,000, left me in a critical, vulnerable position financially. I donÕt have the money to finance a trial for myself and my co-defendants are in worse positions than I am. I am assembling the legal team now. Each of the four defendants is interviewing attorneys and we are planning a joint legal strategy. We are recruiting prominent and qualified attorneys to work at a reduced rate. Even so, we will need funds for various court expenses as well as publicity. This is a critical moment in the fight for medicinal marijuana.

Could you help us win this battle so that we can protect medical marijuana users and dispensaries throughout California and country?

Since my finances are depleted I don't have the funds to mount the defense my co-defendants and I require. Unless we can raise money very quickly we will be left to federal public defenders.

Perhaps you or someone you know are one of the millions of people I've helped over the years. It is essential that you help support this trial. Millions of sick of people, perhaps yourself, will be affected directly by the outcome. The verdict will also set the mood for general marijuana policy in California and throughout the country. The federal government needs to understand the public will not tolerate federal interference in the state medical program.

Thank you for reading this and for your consideration.

Yours truly,

Ed Rosenthal


How to help: Donate to Green-Aid, The Medical Marijuana Legal Defense Fund, a California charitable corporation with 501(c)(3) non-profit tax status. All contributions are tax deductible.
Green Aid Ð Postal Mail Box 172, 484Lake Park Avenue, Oakland, CA 94610 Online: www.green-aid.com.



Bastards.

Go Ed Go! Fight like a motherf**ker! :headbanger:
 
We all need to pay close attntion and help him out if we can. This isnt just a fight for his right's its a fight for all medcial marijuana patients in California myself included. I'll do what i can.
 
akornpatch said:
3
Let's hope! But it still wouldn't hurt to donate to Green-Aid! :allgood:


You can be sure I will be supporting Ed's defense. :peace: :cheesygrinsmiley:
 
What there doing to our Brother Ed, is try him under false premises,
& when their dupilicity is revealed, then they attack using Federal guidelines,
that don't take into consideration, he was an official helping Oakland,
under State guidelines, Every Juror felt sick & used when the found out
how they were used & how Vital Evidence was not considered.
Bottom Line, there pissed, they want him in Jail, & they don't like loosing.
 
For those of you who are too young to know, Ed Rosenthal has been one of the pioneers in the US in attaining medicinal status for marijuana. I believe but could be mistaken that Ed was one of the first patients in the US to receive US Govt. grown marijuana for his disabilities (a program now discontinued by the govt.) in the 70s.
I'm going to give, it can't be much because of my finances right now......:peace:
I know the govt. has a very weak case as long as no new charges are brought.....best of luck Ed.........:peace:
 
I would like to help, but unfortunatly I have been financially set back and am forced to work OT shifts, so it may only be $20 or 30 dollars, but thats whats going to help Ed, he has helped soo many, all should give whatever possible, rather it being .25cents or 25000 dollars. It is because of Ed's passion for cultivating and educting others is the reason LEO would like to see him put away, it is exactly what happend to steven from storm (RIP). I had the oppotunity to meet ed after a speech and he is truly a great person w. only the best intentions for the community. If it all possible I would make effort to be there for his court case to show support for the man. Eddy Lepp and Ed Rosenthal are the two people we really need to show support for because their cases will set the outcome for how medical cannabis is grown and dispensed.

For reasons unknown to me, my computer chooses not to show certain pages on the internet. If at all possible, can you post the article relating to Ed Rosenthal's case being tossed by the judge?

Thank You.

(RoC)SiyaH
 
Mr One.. memory a little weak right now.. tried to backtrack that story on Ed's people, can't seem to find it right now but I'll keep looking..:cheesygrinsmiley: :peace:
 
Pinch said:
Mr One.. memory a little weak right now.. tried to backtrack that story on Ed's people, can't seem to find it right now but I'll keep looking..:cheesygrinsmiley: :peace:

Thank you, it is appreciated :cheesygrinsmiley:
 
Check this out..

Feds take aim at 'Guru of Ganja'
By Josh Richman, STAFF WRITER

SAN FRANCISCO — Federal prosecutors not only are preparing to retry Oakland "Guru of Ganja" Ed Rosenthal, but seem to be searching for more charges to file against him.

Rosenthal, 61, was in federal court Wednesday for the first time since his 2003 convictions were overturned earlier this year. U.S. District Judge Charles Breyer ordered him to return Sept. 13, when he and attorneys will try to set a trial date.

"The government might want to take a hard look at this case, is my suggestion," said Breyer as the brief status hearing ended.

Outside, Rosenthal's attorney, William Simpich of Oakland, said he took that parting comment to mean the judge believes "this case should be terminated."

But William Dolphin, a spokesman for the Oakland-based medical marijuana advocacy group Americans for Safe Access, said Wednesday at least two witnesses appeared under subpoena last Thursday before a federal grand jury in San Francisco that's probing Rosenthal's activities over a wider range of time than the original case included — possibly a prelude to new charges.

Those two people, who for now wish to remain anonymous, both invoked their Fifth Amendment rights against self-incrimination, Dolphin said. They're to appear before the grand jury again today, perhaps to be offered immunity from prosecution in exchange for their testimony; this could leave them to choose between testifying or being jailed for civil contempt of court.

Famed for his marijuana cultivation books and the "Ask Ed" column he wrote for High Times magazine, Rosenthal was convicted of three marijuana-growing felonies in 2003, more than a year after federal agents raided sites including his Oakland home, an Oakland warehouse in which he was growing marijuana, and a San Francisco medical marijuana club he supplied.

Medical use of marijuana on a doctor's recommendation is legal under state law but prohibited by federal law, so Rosenthal was barred from mounting a medical defense at trial. Breyer sentenced him to one day behind bars — time he'd already served.

The 9th U.S. Circuit Court of Appeals overturned his convictions in April, finding juror misconduct — a juror's conversation with an attorney-friend during deliberations — compromised Rosenthal's right to a fair verdict and so warranted a new trial.

But the court also rejected Rosenthal's claim of immunity from prosecution as an officer of Oakland who grew the drug under the city's medical marijuana ordinance. The court in July refused Rosenthal's requests for rehearing, or for an "en banc" rehearing by a larger panel.

Simpich told Breyer on Wednesday that Rosenthal's team of lawyers by Oct. 15 will file a petition seeking the U.S. Supreme Court's review. But Breyer said the 9th Circuit's Aug. 16 remand of the case requires that a retrial be scheduled within 70 days of that date.

Richard Watts of San Francisco, arrested and charged in the same 2002 raids that nabbed Rosenthal, has not yet been tried. His attorney, J. Tony Serra of San Francisco, is serving 10 months in the federal prison at Lompoc for failing to pay income taxes and won't get out until March.

So Breyer on Wednesday ordered Watts to find a new lawyer by the Sept. 13 hearing or one will be appointed for him.

Contact Josh Richman at jrichman@angnewspapers.com.

Feds take aim at ‘Guru of Ganja’ – East Bay Times
 
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