Pubdate: Tue, 05 Mar 2002
Source: San Francisco Examiner (CA)
Copyright: 2002 San Francisco Examiner
Contact:  http://www.examiner.com/
Details: http://www.mapinc.org/media/389
Author:  Dan Evans, Of The Examiner Staff

POT ACTIVISTS CLAIM INNOCENCE

Two Oakland medical marijuana activists claimed innocence to a
daunting series of charges leveled at them Monday in San Francisco
Federal Court.

Edward Rosenthal, 57, and James Halloran, 61, were two of four people
caught in a marijuana sweep last month by the Drug Enforcement
Administration.

DEA officials said more than 8,000 plants and smaller "clones" were
seized during the raid -- which coincided with a speech being given
that night by DEA Chief Asa Hutchinson.

Halloran's attorney, Dennis Roberts, said the timing certainly looked
suspicious. Hutchinson, for his part, has denied any nexus to the
events, calling it a coincidence.

"If I was going to speak about drugs, from what I see as the scofflaw
capital of the world, I'd probably like to herald my arrival," said
Roberts.

One of the other men, Kenneth Hayes, was arrested in Vancouver, B.C.
His attorney, Bill Panzer, said Hayes has petitioned the Canadian
government for political refugee status. Hayes is the former executive
director of the San Francisco pot club CHAMP. Panzer also is
representing Rosenthal.

Rosenthal is the author of several books on how to grow the wisdom
weed, and wrote a column in "High Times" magazine for years answering
questions on the process in a column called "Ask Ed." He is one of
three men allegedly associated with the Harm Reduction Center, a
medical marijuana club on Sixth Street in San Francisco.

Halloran is accused, in a separate filing, of growing more than 1,000
marijuana plants in an Oakland warehouse. He faces a mandatory 20-year
sentence if convicted of growing pot within 1,000 feet of a playground.

U.S. Magistrate Joseph Spero warned Rosenthal that he faces a minimum
prison sentence of 10 years if convicted of conspiring to grow more
than 1,000 plants. Rosenthal also faces charges of personally growing
more than 100 plants, which carries a five-year prison term, and
providing a place for the cultivation, which has a 20-year possible
sentence.

Federal prosecutors are not talking about the case, citing a policy
forbidding discussion of pending actions.

But Roberts said his client was floored by the charges. Halloran, a
hepatitis patient who uses marijuana for medical reasons, is scared.

"You look at a document that says you're facing all these years, and
you wet your pants," said the attorney. "It doesn't matter that your
lawyer is trying to assure you that everything's going to be all right."

Rosenthal is due back in court, before U.S. District Judge Charles
Breyer, March 20 for a trial date. Halloran was ordered to appear on
March 19 before U.S. District Judge Saundra Armstrong in Oakland.

Breyer, the brother of U.S. Supreme Court Justice Steven Breyer, had
his ruling against the Oakland Cannabis Buyers Cooperative upheld by
the Supreme Court last May. The court ruled 8-to-0 that there was no
federal exception for marijuana based on the "medical necessity
defense." Breyer recused himself because of his brother's involvement
in the case.

Halloran and Rosenthal are free on $500,000 bail. 
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