Pubdate: Tue, 01 Apr 2003
Source: San Jose Mercury News (CA)
Copyright: 2003 San Jose Mercury News
Contact:  http://www.bayarea.com/mld/mercurynews
Details: http://www.mapinc.org/media/390
Author: David Kravets
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)

CONVICTED POT GURU WANTS NEW TRIAL, ALLEGES JUROR MISCONDUCT

SAN FRANCISCO -(AP) Lawyers for marijuana guru Ed Rosenthal, convicted in
January of federal pot cultivation charges, urged a judge Tuesday to grant a
new trial amid allegations of juror misconduct.

Rosenthal, who says he was growing medical marijuana under a 1996 law
approved by California voters, alleges that at least two jurors incorrectly
believed they had no choice but to convict him.

A founder of the National Organization for the Reform of Marijuana Laws,
Rosenthal once wrote the "Ask Ed" column for High Times magazine and has
written books with titles including "The Big Book of Buds" and "Ask Ed:
Marijuana Law. Don't Get Busted."

Rosenthal, 58, could spend the rest of his life in prison when sentenced in
June.

His prosecution underscored the federal government's position that there is
no medical value to marijuana and that the will of California voters has no
affect on federal drug law. In a recent interview, California Attorney
General Bill Lockyer said Rosenthal's actions were legal under state law.

U.S. District Judge Charles Breyer is not expected to rule on the new trial
request for at least a week.

Federal prosecutors declined comment but have opposed a new trial.

During a nearly two-hour hearing Tuesday, one juror testified that another
juror had consulted an attorney during deliberations to ask whether jurors
could vote their conscience and ignore the overwhelming evidence before them
- - Rosenthal was caught with a warehouse full of marijuana plants.

A vote of conscience is referred to as jury nullification and allows jurors
to acquit based on their beliefs that the crimes charged should not be
criminal offenses. The practice dates at least to colonial times, when
publisher John Peter Zenger was acquitted of seditious libel against the
British government.

During Rosenthal's trial, marijuana advocates handed out literature to
passers-by urging jury nullification.

Rosenthal juror Pamela Klarkowski testified that fellow juror Marney Craig
consulted with an "attorney friend" during the trial who counseled Craig
that she could not vote her conscience.

When Craig told Klarkowski of the advice during the trial, "I felt that
there was only one choice," Klarkowski testified.

On Tuesday, Craig invoked her Fifth Amendment right against compelled
self-incrimination, fearing she could be held in contempt for refusing to
obey Breyer's orders that she not discuss the case with outside experts
during the trial.

"I might hold her in contempt," Breyer said.

Attorneys for Rosenthal argued that Craig and Klarkowski's discussion
tainted the trial. In addition, the advice Craig obtained from the unnamed
attorney was false, Rosenthal's attorney Dennis Riordan said.

"Any external evidence like that is a basis for a new trial," Riordan said.

After the trial, jurors said that although they were not told Rosenthal was
growing medical-marijuana, they suspected he was. Many said they would have
acquitted had they known that Oakland city officials sanctioned his
operation.

Rosenthal's lawyers are also seeking a new trial on allegations that the
judge wrongly prevented Rosenthal from presenting those and other facts to
jurors.

The case is United States v. Rosenthal, 02-053.
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