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United States v. Ed Rosenthal (2002-20??, San Francisco)

posted Feb 1, 2013, 2:22 AM by The Editor   [ updated Feb 1, 2013, 2:23 AM ]
In October 2006, a superseding indictment was filed against medical marijuana author and cultivator Ed Rosenthal. In addition to being prosecuted on prior charges, stemming from the first indictment, Rosenthal also faced money laundering and tax evasion charges. Rosenthal was arrested in February 2002, along with Rick Watts and Ken Hayes, after the DEA raided the Harm Reduction Center in San Francisco. As a result of not being able to assert a medical defense, Rosenthal was convicted in January 2003 (Watts was unable to stand trial due to injuries sustained from an auto accident; Ken Hayes was absent at trial). After outrage expressed by jurors and supporters alike, U.S. District Court Judge Charles Breyer sentenced Rosenthal on June 3, 2003 to one day in prison. Rosenthal later got his conviction overturned by the federal Ninth Circuit Court of Appeals based on jury misconduct. The case was then remanded to district court, where the government is currently retrying Rosenthal. In February 2007, ASA filed a motion to dismiss based on vindictive prosecution, and on March 14, 2007, in an unusual ruling, Judge Breyer granted the motion and dismissed the tax and money laundering charges against Rosenthal.

SF/Oakland - Marijuana author/advocate Ed Rosenthal re-indicted Oct 12th, 2006, after conviction had been overturned by appeals court. Originallly convicted Jan 31, 2003 for cultivating and maintaining a place in Oakland and conspiring to cultivate over 100 plants for the Harm Reduction Center in San Francisco. Jurors renounced their verdict after the first trial upon finding out that important evidence that Rosenthal had been deputized by the city of Oakland had been withheld. Rosenthal sentenced to 1 day time served and 3 years probation and $1300 fine Jun 4, 2003. Money laundering charges (for four checks totaling $1855) added on re-indictment, but dismissed by judge for vindictive prosecution. Judge announced before second trial that he would not change his original sentence. Rosenthal re-convicted in May, 2007 on three of five counts; acquitted on one count and jury hung on remaining count. Seven witnesses refused to testify for the state despite threat of contempt of court. Full ccount of Rosenthal trial.

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