Jurors Regret Convicting Pot Grower
Jurors Who Convicted California Marijuana Advocate Say They Were Denied Key
Evidence
Jurors who convicted a man of cultivating marijuana and other federal drug
charges say they would have acquitted him had they been told he was growing
it for medical purposes for the city of Oakland.
"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 Ed Rosenthal to
apologize.
Rosenthal, 58, the self-described "Guru of Ganja," faces up to 85 years in
prison when he is sentenced June 4. In a courtroom crowded with medical
marijuana advocates wearing "Free Ed" buttons, a federal judge decided
Tuesday that Rosenthal can remain free until then.
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 and put on little defense.
The jury was not told that Rosenthal was acting as an agent of Oakland's
medical marijuana program, an outgrowth of a 1996 medical marijuana
initiative approved by California's voters that conflicts with federal law.
"I really feel manipulated in a way," juror Pam Klarkowsky said. "Had I
known that information, there is no way I could have found that man guilty."
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.
Also backing Breyer, experts say, was a ruling by the U.S. Supreme Court
two years ago prohibiting advocates for the sick and dying from doling out
marijuana to those with a doctor's recommendation. That decision prompted
raids on medical marijuana growing operations throughout California.
In addition, the federal government does not recognize medical marijuana
laws in nine states that have them.
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
IMO the time for mass civil disobedience on prohibitian two is long overdue.pr.
