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Rosenthal may face retrial after federal conviction overturned |
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Written by Martin Williams
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Thursday, 16 November 2006 |
Ed Rosenthal, the grow-book guru and leading cannabis advocate who was convicted in federal court, saw his trial jury publicly denounce its own verdict, then successfully appealed his conviction earlier this year, was indicted in October on new criminal charges that include tax evasion and money laundering.
Judge Charles Breyer on Oct. 25 dismissed three counts involving cannabis cultivation against Richard Watts, ruling that the US Attorney’s Office had violated the Speedy Trial Act. Judge Breyer did not sound impressed with the new case at Rosenthal’s arraignment. In the first trial, prosecutors successfully kept the jury from hearing evidence of medical use, changes in state law, and the fact that Rosenthal had been deputized by the City of Oakland to provide patients there with safe access to medical marijuana.
One juror began to suspect that she was not getting the whole story, asked for outside advice and was told she would be “in trouble” if she did not convict.
An Appeals Court ruled in April that she should not have asked the question and that jurors cannot be threatened, intimidated or told they must convict. It threw out the conviction and granted a new trial.
Since Rosenthal had already been sentenced to one day, time served, a new trial could not have brought any added penalty.
Soon thereafter, the prosecutor convened a new grand jury and heaped on new charges to run around the “double jeopardy” safeguard by issuing a superceding indictment containing 14 additional charges including conspiracy, tax evasion, money laundering and cannabis gardening. |
Martin Williams |
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Last Updated ( Friday, 17 November 2006 )
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