Pubdate: Thu, 12 Jun 2003
Source: Press Democrat, The (CA)
Copyright: 2003 The Press Democrat
Contact:  http://www.pressdemo.com/
Details: http://www.mapinc.org/media/348
Author: Charles Sackett
Note: Charles Sackett is a Sebastopol resident.
Bookmark: http://www.mapinc.org/people/Ed+Rosenthal

JUROR CLEARS SMOKE IN MEDICAL MARIJUANA CASE

I was one of the jurors on the recent, controversial United States v.
Ed Rosenthal trial. I am thankful for this experience in many ways.

During the trial in federal court, the jury was barred from hearing
evidence that Rosenthal was growing marijuana legally and medicinally,
under state and local laws. But, after convicting the defendant for
growing marijuana, the jury was allowed to question its own verdict.
We were able to speak out that this was wrong. I am thankful that in
my country, we have First Amendment rights.

I am obliged to all of the patients, caregivers, strangers, friends
and even business associates who shared their stories and their tears
with me. They convinced me, down to the depths of my very soul, that
medical marijuana does help in the suffering of the sick and dying.

I am thankful for all of the activists and lobbying groups I have met.
The medical marijuana groups, doctors' and patients' rights advocates,
those representing the rights of the accused and the jurors' rights
groups, (goodness, I never knew there were so many groups out there)
have truly opened my eyes. There is a huge world outside of my quiet,
small-town life, with many profound and complicated issues. I am
indebted to these advocates for helping to turn me from one of the
most politically apathetic and socially unaware citizens into one with
conscience and conviction.

I am in awe of the defense team. They were denied the opportunity to
present pertinent evidence and testimony to their case. Not once did
they show their disrespect for the court rulings, or lose their
dignity. I am amazed at them for being willing to take such a
controversial case, with, I was to eventually learn, such a
controversial defendant.

I am thankful to hear that Assistant U.S. Attorney George Bevan, the
federal government's prosecuting attorney, has nothing against sick
people. Yet Bevan will appeal the sentence that Rosenthal not be
imprisoned. Bevan is no doubt just doing his job and following the
law. Doesn't he know that when he is asked to prosecute these medical
marijuana cases, he can "just say no"?

I am happy that in my great nation, when we experience a law that is
bad, we can work toward changing it. I will be further thankful when
the federal powers that be actually listen to their constituents.

I am appreciative to U.S. District Judge Charles Breyer who, after
setting the rulings that disallowed evidence and testimony pertinent
to the case, had the courage to atone for some of that with his
compassionate sentencing of Rosenthal. I realize that, as Judge Breyer
said, this is a unique case and does not set precedent. But to me, I
saw, for a brief moment, the court system becoming more about people
than just about laws.

I am even grateful to Rosenthal that his ungracious public outburst
before the cameras against Judge Breyer embarrassed me. This reminded
me that my God has taught me about forgiveness, and I in turn must
forgive Rosenthal and move on. I will give further thanks if
Rosenthal's display did not ironically set the medical marijuana
advances back a few paces in the public eye.

Most of all, I am grateful for my fellow jurors. Their passion,
dedication and fearlessness were truly an inspiration to me. They were
relentless in their efforts to try and right a wrong that they felt
they participated in. In my mind, they are true American heroes who
have set an example for the rest of us. These people will forever have
a warm and loving place in my heart.

The defense is appealing the verdict. The prosecution is appealing the
sentencing. This citizen is appealing to his president and asking if
the president would like to come to dinner at my house. I have many
questions that you might be able to answer. Where is there a victim
here? If you legalized medical marijuana, regulated it and taxed it,
wouldn't that help our federal deficit? What would you like to eat? My
wife's a good cook.

But mostly I want to ask: Why were the jurors put through this kind of
a trial? We were average middle-class Americans, who were like shade
plants that have been ripped out of the ground and put into the light.
Now that the sentencing has been rendered, most will go back into the
shade, although some may choose more filtered light.

The jury is dismissed. We can all go home now. Or not.
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MAP posted-by: Richard Lake