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Calif. Jurors Convict,
Then Decry Marijuana Verdict
Wed Feb 5, 3:09 PM
ET
By Adam Tanner
SAN FRANCISCO
(Reuters) - First the jury convicted one of America's most outspoken
marijuana advocates on drug charges. Now, just days later, jurors
are praising him, expressing unusual regret about their verdict and
saying vital evidence was withheld from them.
The San Francisco
Federal Court jury found Ed Rosenthal, 58, a columnist who has
written many books on marijuana, guilty on Friday on three counts of
growing marijuana. The judge in the case refused to let jurors hear
Rosenthal's defense: that he was growing the drug for medical use,
something legal under state law while illegal under federal law.
"We obviously came
up with the wrong verdict," jury member Marney Craig said in an
interview on Wednesday. "Ed Rosenthal did not get a fair trial.
"Nothing we can do
can make up for the fact that we are sending him to prison."
Craig, a property
manager who is also 58 years old, is one of several jurors who
complain that they were not told that Rosenthal was cultivating the
weed as an "officer" for the city of Oakland's medical marijuana
program.
Judge Charles
Breyer did not allow defense lawyers to introduce testimony on that
issue because growing marijuana for any reason is a federal offense.
He did not return
calls on the case. One of the prosecutors in the case, Geoffrey
Hansen, also declined to comment.
Experts say a
change of heart by the jury does not have legal significance,
although it could win public support for the defendant. "It is rare
but not unheard of," said Peter Joy, director of trial and advocacy
program at the Washington University in St Louis School of Law.
"It typically
happens when there has been some information that has been withheld
from them that they feel would have affected the decision that has
been made," he said. "In and of itself, it does not have any legal
significance."
ROSENTHAL THANKS
THE JURY
Rosenthal, who is
free on bail pending a sentencing hearing in June, praised the jury
on Wednesday even though its original verdict could mean spending
the rest of his life behind bars.
The judge denied a
government motion on Tuesday to imprison Rosenthal immediately,
saying there were important legal issues to consider in the appeal.
"I am really
grateful to the jurors," Rosenthal told Reuters. "It was very brave
of them to come out and express their views."
"It does show that
I did not get a fair trial."
At the same time,
he said their statements did not change the verdict. "Right now I am
still convicted of three felonies," said Rosenthal, whose books
include "Marijuana Grower's Handbook: The Indoor High Yield Guide"
and "Marijuana Question? Ask Ed."
"What they did has
no legal ramifications ... But by the end of the case I believe will
be found innocent," he said, referring to his efforts to overturn
the decision on appeal.
The Rosenthal case
marks the latest battle over medical marijuana between the nation's
most populous state and the federal government, which has recently
been cracking down on California clubs providing the drug to ill
patients.
Nine states,
including California, allow medical use of marijuana under state
law, but the federal government prohibits such use.
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