Feds Plan To Retry Marijuana Advocate

[Cozmo]

A federal prosecutor said Friday that he plans to retry a prominent marijuana advocate on cultivation charges even though the man faces no punishment if convicted -- a decision the trial judge suggested he reconsider.

U.S. District Judge Charles Breyer postponed Ed Rosenthal's retrial, which was to start Monday, and gave prosecutors a month to decide whether to appeal his dismissal of charges of tax evasion and money laundering, the only charges that carried possible prison sentences.

In papers filed before the hearing, Assistant U.S. Attorney George Bevan said the government wouldn't drop the case even if it fails to reinstate the dismissed charges, or decides not to appeal Breyer's dismissal order.

In either event, Bevan wrote, "the government would proceed to trial on the drug counts.''

At the hearing, Breyer noted that Bevan has already agreed not to seek imprisonment for Rosenthal on the marijuana cultivation charges, in light of a federal appeals court decision that overturned Rosenthal's convictions at his first trial.

Rosenthal, 62, was convicted by a jury in 2003 on three charges of cultivating marijuana that he was growing for medical patients. Breyer sentenced him to the one day in jail he had already served, rather than the five years prescribed by federal guidelines, saying Rosenthal had believed he was acting legally because he had been designated as an official in Oakland's medical marijuana program.

A federal appeals court overturned the convictions last year, finding misconduct by a juror who consulted a lawyer during deliberations. Prosecutors then obtained a new grand jury indictment, adding tax and money-laundering charges that carried potential prison terms of up to 20 years.

Breyer dismissed the additional charges Wednesday, ruling that prosecutors had illegally retaliated against Rosenthal for his successful appeal and his public statements challenging the fairness of his trial.

Newshawk: CoZmO - 420Magazine.com
Source: The San Francisco Chronicle
Author: Bob Egelko
Copyright: 2007 Hearst Communications, Inc.
Website: SF Gate: News and Information for the San Francisco Bay Area

 

[Cherma]

U.S. Attorney Bevans' reckless pursuit of Mr.Rosenthal and the bent ego of a U.S. Attorney has in losing this case, carries no merit at all.

This is an exemplified situation of gross injustice for trying to make the Governments case stick that has already been overturned. It is totally frivolous and costing taxpayers hundreds of thousands of U.S. Tax dollars.
Worst of all it has taken away Mr Rosenthals time. Time away from being a productive U. S. Citizen to pursuit his right to happiness and a free enterprise.
The Local & or Federal Government should be asking Mr Bevan for reimbursement of of over 2 million dollars. Somewhere in the neighborhood of what has been spent so far on this case.
Mr. Rosenthal has been extermely patient during this ordeal and deserves an attaboy for keeping his composure, and never giving up on the pursuit of his legal rights.

April 20th is soon arrivng: It is on this day all people associated with any forward direction and progression in having all Marijuana & Hemp products Legally Taxed and Regulated, take this to another level of awareness to the public, in a peaceful and educating manner. To inform and educate to the Legal issues at hand,and what is being done to promote and rid the United States of America of all Marijuana & Hemp Prohibition, in all 50 States.
Prohibition has never worked and soon becomes overtaken by Legal, & Economic issues, along with big business demands to create a profit within corporate structure, or private entity.
Newspaper ads, Radio announcements, calling your local, state and federal representitives, marches of organized groups with permits that will start educating the American Public,that Marijuana & Hemp Prohibition must be repealed and ended immediately,this will assist in the overall Marijuana movement. It is up to you to do so. Get out and and get the word out.