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Old 03-17-2007, 09:09 AM   #1
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Default Ed Rosenthal may walk away from charges.

SAN FRANCISCO A federal judge told prosecutors Friday to consider dropping pot-growing charges against self-proclaimed marijuana guru Ed Rosenthal.
U.S. District Judge Charles R. Breyer granted the Department of Justice's motion for a delay in Rosenthal's retrial, which was scheduled to begin Monday. Earlier in the week, the judge dismissed money laundering and tax charges against Rosenthal.
Breyer said he wants the government to assess whether it should go forward in light of his ruling.
Rosenthal, 62, was convicted on three marijuana-growing felonies in 2003. Breyer sentenced him to just one day in prison, which Rosenthal served, saying the "Guru of Ganja" reasonably believed he was growing the plants on behalf of Oakland officials for a city medical marijuana program.
A federal appeals court overturned his conviction last year because of misconduct by a juror who consulted an attorney on how to decide the case. Federal prosecutors indicted Rosenthal again in October over the same marijuana operation, adding four counts of hiding money and five counts of filing false tax returns.

The judge said the additional charges were motivated by Rosenthal's appeal and complaints that his first trial was unfair.
Rosenthal, a longtime pro-marijuana activist, has written books on how to grow marijuana and how to avoid getting caught.
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Old 03-18-2007, 12:02 AM   #2
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Ed Rosenthal: Federal Judge Rules Vindictive Prosecution, Dismisses Two Charges
by Americans for Safe Access (14 Mar, 2007) Tax evasion and money laundering charges dismissed against Ed Rosenthal
Another Victory for Ed!San Francisco - Federal District Court Judge Charles Breyer ruled today that author and medical marijuana activist Edward Rosenthal was vindictively prosecuted, and dismissed charges of tax evasion and money laundering. The remaining marijuana charges against Rosenthal are virtually identical to those pursued against him in his prior 2003 trial. With an admission in court by the U.S. Attorney that it would not seek additional punishment beyond the one-day sentence Rosenthal was given after being convicted at his first trial, the prosecution has little reason to proceed with the case.

"We are gratified that the court has recognized the vindictive nature of this prosecution and has reigned in the prosecutor," said Joe Elford, Chief Counsel for Americans for Safe Access, and author of the successful vindictive prosecution motion. "The additional charges brought against Rosenthal were clearly in retaliation for his criticism of the government. Taxpayer dollars should not be wasted on a vendetta carried out by a prosecutor against a defendant."

The order is the result of a motion to dismiss based on vindictive prosecution filed by Americans for Safe Access and other attorneys with Rosenthal's legal team. The substance of the brief was that the government was retaliating against Rosenthal for his successful appeal and his statements to the press that his first trial was unfair. In his ruling, Judge Breyer asserted that "the government's deeds - and words - create the perception that it added the new charges to make Rosenthal look like a common criminal and thus dissipate the criticism heaped on the government after the first trial," because he criticized the government.

Rosenthal was recently re-indicted after his 2003 conviction was overturned in April 2006 by the Ninth Circuit Court of Appeals. After finding out that medical marijuana evidence had been excluded from the 2003 trial, a majority of the jurors that convicted Rosenthal recanted their verdict. Due at least in part to public outcry, Rosenthal was sentenced to one day in jail. The government was relying on the new charges of tax evasion and money laundering to justify the second prosecution of Rosenthal. The court has now confirmed that Rosenthal's continued prosecution is suspect.

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Old 03-18-2007, 12:29 AM   #3
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Go Ed!!!!!
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Old 03-18-2007, 08:48 AM   #4
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he will get off scott free, watch. no proof no prosecution. for christ sakes, he wrote books on HOW NOT TO GET CAUGHT.
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