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A New Activist's Tactic Emerges in the Rosenthal Trial

One of the feature stories I'm working on this week is the Ed Rosenthal re-trial on federal marijuana production and distribution charges, which ended yesterday with a split verdict. The trial was a complete waste of time since even if Rosenthal was found guilty, he could not be sentenced to anything more than the one day he had already served, but federal prosecutors were vindictively determined to get their man. Rosenthal's supporters were equally determined not to help the government, and that's where the new tactic emerged: A dozen people in the medical marijuana movement who had been subpoenaed to testify against Rosenthal simply refused. A civil contempt citation is the usual response to such refusals, but as the judge in the case noted, the contempt citation is designed to impel people to testify, not to punish the. When the judge asked if throwing them in jail for the weekend would change their minds, they all said no. Since they convinced the judge they were rock solid in their positions, he decided not to issue the citations and instead dismissed them. He also thanked them for the dignity they displayed in articulating their positions. We should all thank them for taking this courageous stand. Who knows? Maybe we can start a movement. Look for a feature story on the trial and the witness rebellion tomorrow.

Law Enforcement: This Week's Corrupt Cops Stories

Marijuana gone missing from the evidence room, a sheriff pleads guilty, a cop gets arrested for leaking an investigation, and a trooper gets oral sex, but loses his job. Just another week of prohibition-related police misbehavior.

Ed Rosenthal Convicted of Following State Law, Helping Sick People

After five years and enough drama and incompetence to appall even seasoned drug war observers like us, the ridiculous show trial of Ed Rosenthal is finally over.
SAN FRANCISCO -- The self-proclaimed "guru of ganja" was convicted again Wednesday in federal court of illegally growing hundreds of marijuana plants that he said were meant to treat sick people, which state law allows.

Ed Rosenthal was convicted after U.S. District Court Judge Charles Breyer prohibited the marijuana activist's lawyers from telling the jury he was working for a pot club sanctioned by Oakland government officials. [Star-Telegram]
Rosenthal will now serve one day in jail (time served), for the crime of helping the City of Oakland provide legal medicine to registered patients. Forgive me, but I've already said everything there is to say about this:
That's right, American taxpayers. Behold the glorious retribution of the principled and incorruptible federal prosecutors who've exhausted untold sums and incalculable man-hours to protect you from a safe and effective medicine. Amidst Iraq, Katrina, Medicare, etc. the federal government was trying to save you from Ed Rosenthal by putting him in jail for one goddamn day. And they're still working on it, knowing as they have all along, that this is the best they can hope for.
Today, a new group of jurors is learning that the federal government tricked them into convicting Ed Rosenthal of something that's legal in their state. Like the previous Rosenthal jury before them, they will be robbed of the pride that comes from serving the cause of justice and they may soon stand with him in solidarity as did their predecessors.

Even in victory, our government's campaign against medical marijuana stands naked before us, utterly fraudulent and disgraceful as ever before.