Ed Rosenthal: Federal Judge Dismisses Charges


Well-Known Member
A federal judge in San Francisco today dismissed money laundering and tax evasion charges against Oakland marijuana activist Ed Rosenthal on grounds of vindictive prosecution.

U.S. District Judge Charles Breyer said the financial charges gave the appearance that prosecutors were retaliating against Rosenthal for appealing an earlier marijuana conviction and complaining about its fairness.

Rosenthal, 61, an author of marijuana books and an advocate of medical marijuana, was convicted in Breyer's court in 2003 on three counts related to cultivating marijuana in an Oakland warehouse.

He later complained publicly that the trial was unfair because he wasn't allowed to claim before the jury that he was growing medical marijuana for patients.

Rosenthal was sentenced to one day already served in jail, but went ahead with an appeal. Last year, a federal appeals court overturned the conviction because of juror misconduct.

Prosecutors then refiled the original charges and added the new tax evasion and money laundering counts. Rosenthal had been scheduled to go on trial on both sets of charges in Breyer's court next week.

Prosecutors had argued the additional charges were not retaliatory but were rather intended to give a jury a full picture of the financial side of Rosenthal's alleged marijuana operation.

Today's ruling leaves the marijuana cultivation charges in place. But Breyer noted that prosecutors have said they will not seek a sentence greater than the one day already served if Rosenthal is convicted on those counts.

Joseph Elford, a lawyer for Rosenthal, said he hoped prosecutors will now dismiss the marijuana charges and forgo a retrial.

U.S. attorney's office spokesman Luke Macaulay said, "We're evaluating our options."

The judge scheduled a status conference on the case for Friday.

Source: cbs5.com/localwire
Copyright: © MMVII, CBS Broadcasting Inc. All Rights Reserved.
Website: cbs5.com - Bay City News Wire
Friday, April 13, 11am, hopefully one of the last hearings on this matter.

US District Court, Northern District of California
Judge Charles R. Breyer
Courtroom 8, 19th Floor

11:00 AM (r)CR-02-0053 United States of America v Ed Rosenthal
Status Conference
Help get Ed Rosenthal's case dismissed!

Write a letter today requesting that the U.S. Attorney drop the case.

RE: CR-02-0053 United States of America v Ed Rosenthal

Paragraph 1 -- Introductory paragraph explaining who you are and the reason for writing; that the remaining charges against medical marijuana advocate Ed Rosenthal be dismissed (CR-02-0053 United States of America v Ed Rosenthal).

Paragraph 2 -- Describe how Rosenthal's re-prosecution is an outrageous waste of taxpayer money, and that the government should reconsider its continued prosecution of medical marijuana providers such as Rosenthal.

Paragraph 3 -- Describe how Rosenthal has established good faith in his effort to bring medical marijuana to sick patients, and how Rosenthal lacked criminal intent based on his compliance with state law.

Paragraph 4 -- Urge U.S. Attorney Scott Schools to appeal to reason and drop the case against Rosenthal. Ask for a reply.

Sign and date the letter, and provide a return address. If possible, please type your letter.

Mail and fax a copy of your letter to:

U.S. Attorney Scott N. Schools
450 Golden Gate Avenue, Box 36055
San Francisco, CA 94102

Fax: 415-436-7234

Thanks for your help!


Kris Hermes
Legal Campaign Director
Americans for Safe Access
1322 Webster St Suite 402
Oakland, CA 94612
P: 510-251-1856 ext. 307 F: 510-251-2036
ASA : Advancing Legal Medical Marijuana Therapeutics and Research

Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

Top Bottom