T
The420Guy
Guest
SAN FRANCISCO -- With a former juror still invoking her Fifth Amendment
right not to testify about her own misconduct, a federal judge held Tuesday
what could be the last hearing before Oakland medical marijuana guru Ed
Rosenthal's June sentencing. Attorneys still must file briefs with U.S.
District Judge Charles R. Breyer on whether juror Marney Craig of Novato --
who before deliberating had contacted a lawyer friend for advice on
following Breyer's instructions -- compromised Rosenthal's right to a fair
trial. Rosenthal's lawyer, Dennis Riordan, is arguing she did.
Craig's friend told her she had no leeway to disregard the judge's
instructions and vote her conscience, and Riordan says this affected
Craig's vote as well as that of juror Pam Klarkowski of Petaluma, with whom
Craig shared her friend's advice.
Rosenthal was convicted Jan. 31 of three marijuana felonies, and faces five
to 40 years in prison when he is sentenced June 4. The juror misconduct is
but one of several post-trial issues he is raising either to have his
conviction set aside or to develop a record for the appellate courts.
Breyer said he'll decide the post-trial motions after all of the briefs are
filed in a few weeks, probably without any further hearings.
Rosenthal says he grew marijuana in accordance with California's medical
marijuana law and as an officer of the Oakland Cannabis Buyers Cooperative,
under the protection of a city ordinance.
But jurors weren't told that; Breyer deemed any mention of state and local
laws irrelevant because federal law -- the only law recognized in federal
court -- still deems marijuana completely illegal.
Many jurors who learned of Rosenthal's protection by Oakland's ordinance
only after rendering their verdict expressed outrage and regret. Had they
known, they said, they would have acquitted Rosenthal despite the evidence
against him.
Craig at the time called her vote to convict "the most horrible mistake
I've ever made in my entire life."
Pubdate: Wed, 09 Apr 2003
Source: Oakland Tribune, The (CA)
Webpage: East Bay Times - Contra Costa and Alameda county news, sports, entertainment, lifestyle and commentary
Copyright: 2003 MediaNews Group, Inc. and ANG Newspapers
Contact: triblet@angnewspapers.com
Website: East Bay Times - Contra Costa and Alameda county news, sports, entertainment, lifestyle and commentary
right not to testify about her own misconduct, a federal judge held Tuesday
what could be the last hearing before Oakland medical marijuana guru Ed
Rosenthal's June sentencing. Attorneys still must file briefs with U.S.
District Judge Charles R. Breyer on whether juror Marney Craig of Novato --
who before deliberating had contacted a lawyer friend for advice on
following Breyer's instructions -- compromised Rosenthal's right to a fair
trial. Rosenthal's lawyer, Dennis Riordan, is arguing she did.
Craig's friend told her she had no leeway to disregard the judge's
instructions and vote her conscience, and Riordan says this affected
Craig's vote as well as that of juror Pam Klarkowski of Petaluma, with whom
Craig shared her friend's advice.
Rosenthal was convicted Jan. 31 of three marijuana felonies, and faces five
to 40 years in prison when he is sentenced June 4. The juror misconduct is
but one of several post-trial issues he is raising either to have his
conviction set aside or to develop a record for the appellate courts.
Breyer said he'll decide the post-trial motions after all of the briefs are
filed in a few weeks, probably without any further hearings.
Rosenthal says he grew marijuana in accordance with California's medical
marijuana law and as an officer of the Oakland Cannabis Buyers Cooperative,
under the protection of a city ordinance.
But jurors weren't told that; Breyer deemed any mention of state and local
laws irrelevant because federal law -- the only law recognized in federal
court -- still deems marijuana completely illegal.
Many jurors who learned of Rosenthal's protection by Oakland's ordinance
only after rendering their verdict expressed outrage and regret. Had they
known, they said, they would have acquitted Rosenthal despite the evidence
against him.
Craig at the time called her vote to convict "the most horrible mistake
I've ever made in my entire life."
Pubdate: Wed, 09 Apr 2003
Source: Oakland Tribune, The (CA)
Webpage: East Bay Times - Contra Costa and Alameda county news, sports, entertainment, lifestyle and commentary
Copyright: 2003 MediaNews Group, Inc. and ANG Newspapers
Contact: triblet@angnewspapers.com
Website: East Bay Times - Contra Costa and Alameda county news, sports, entertainment, lifestyle and commentary