Pubdate: Wed, 05 Feb 2003
Source: San Antonio Express-News (TX)
Copyright: 2003 San Antonio Express-News
Contact:  http://www.mysanantonio.com/expressnews/
Details: http://www.mapinc.org/media/384
Author: Angela Watercutter, Associated Press
Related: please visit http://www.green-aid.com/ for updates from activists
Bookmark: http://www.mapinc.org/people/Ed+Rosenthal
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

JURORS SAY THEY DIDN'T GET ALL FACTS

SAN FRANCISCO -- A marijuana advocate and the jury that convicted him are
making an unexpected show of solidarity: Jurors claim they were misled and
the defendant says it isn't them he blames.

Ed Rosenthal, the self-described "Guru of Ganja," was allowed Tuesday to
remain free on $500,000 bail until his June 4 sentencing on federal drug
violations.

Outside court, Rosenthal told supporters that he had "no regrets. ... Both
the jury and I were victims of persecution, of an illegal government
action."

Jurors said they felt cheated because they weren't allowed to hear that
Rosenthal supplied Oakland's medical marijuana program, an outgrowth of a
1996 medical marijuana initiative that conflicts with federal law.

"I feel like I made the biggest mistake in my life," juror Marney Craig
said. "We convicted a man who is not a criminal."

Other jurors reached Monday agreed and planned to write to Rosenthal to
apologize.

After a two-week trial, the 12-member jury unanimously concluded Friday that
Rosenthal was growing more than 100 plants, conspired to cultivate
marijuana, and maintained an Oakland warehouse for a growing operation. He
was portrayed as a major drug manufacturer.

Rosenthal's defense repeatedly tried to call witnesses to testify that he
was growing marijuana for medical use. The judge denied those requests and
was backed up twice during the trial by the 9th U.S. Circuit Court of
Appeals.

Legal experts said U.S. District Judge Charles Breyer had federal precedent
on his side.

"A bank robber is not allowed a defense that he was stealing money for his
starving children, even if he was," said Rory Little, a Hastings College of
the Law professor.

Jury foreman Charles Sackett said he hopes Rosenthal's case is overturned on
appeal.

"Some of us jurors are upset about the way the trial was conducted. ... I
would have liked to have been given the opportunity to decide with all the
evidence."
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