Pinch
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
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
