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ED Rosenthal Case news

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  • Petros Evdokas
    Friends, An update below, from Aron Kay (for many decades known in circles of the Liberation Movement and the Press as the Pieman ), about the case of Ed
    Message 1 of 1 , Feb 3, 2003
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      Friends,

      An update below, from Aron Kay (for many decades known
      in circles of the Liberation Movement and the Press as
      "the Pieman"), about the case of Ed Rosenthal.
      Whether we like Ed or not, the combined illegal-legal
      assault by the US Government on Ed's participation in
      the medical cannabis efforts, is a terrible blow to all
      of us, especially to those among us (myself included)
      who for many years had naively thought that reading,
      writing and researching are "safe" activities.

      --------------------------

      Date: Sat, 01 Feb 2003
      From: ARON KAY <pieman@...>
      Subject: ED Rosenthal Case news

      Ed Rosenthal Found Guilty -- New Trial Sought

      Friday, January 31 -- In front of a crowd of spectators
      and supporters, many of whom sobbed as the verdict was
      read, noted author and activist Ed Rosenthal was
      convicted in federal court today of marijuana
      cultivation charges.

      Upon leaving the courthouse with his family, a subdued
      but defiant Mr. Rosenthal was greeted by a mob of
      cameras, microphones and well-wishers. He and his
      attorneys vowed to fight on, saying this was a struggle
      for patients' rights that would win out in the end.

      While he was found guilty of all three counts, the most
      serious related to conspiracy to grow more than a
      thousand plants, and on that count the jury found that
      he had conspired to grow more than a hundred but less
      than the thousand the indictment had specified -- a
      finding defense attorneys counted as a victory.

      That leaves his conviction for cultivation of more than
      a hundred plants as the offense with the stiffest
      penalty, with a sentencing range of from 5 to 40 years
      and a fine of up to $2 million dollars.

      But after dismissing the jury, Judge Charles Breyer
      said that he would be conducting his own "independent
      inquiry" into determining whether he could make a
      "downward departure" on the sentencing, meaning impose
      less than the minimum sentence mandated by law. Such an
      inquiry would be to determine Mr. Rosenthal's
      eligibility for an extraordinary exception to normal
      sentencing.

      Judge Breyer noted the extraordinary circumstances of
      the case in rejecting the motion of Assistant U.S.
      Attorney George Bevan, Jr. to have Mr. Rosenthal placed
      in immediate detention.

      Judge Breyer granted Defense Counsel Robert Eye and
      William Simpich an additional 30 days beyond the normal
      ten to file their request for a new trial. He also set
      the sentencing date as June 4th, much farther out than
      is normal.

      The nearly six months until sentencing should allow
      enough time for the Ninth Circuit Court of Appeals to
      decide the appeal of another of Judge Breyer's cases
      that dealt with a similar question of immunity from
      prosecution in the context of medical marijuana
      distribution. Mr. Rosenthal had made a nearly identical
      claim in his case, which Judge Breyer had refused to
      allow. If the Ninth Circuit Court of Appeals overturns
      Judge Breyer's interpretation of the federal statute,
      as he himself said they very well might, it would
      guarantee that Mr. Rosenthal's conviction would be
      overturned.

      Jurors told the press that while they'd been distressed
      by the verdict they'd reached, they'd felt their hands
      were tied. The jury foreman said he, for one, hoped
      their decision would be reversed on appeal.

      %%%%%%%%%%%%%%

      For a statement on the verdict from Ed Rosenthal and
      information on what you can do to help in his appeal,
      visit http://www.green-aid.com

      Rosenthal Trial Pic's and News Articles

      http://www.freedomtoexhale.com/trialpics.htm

      ---------------------------------
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