Posted on 04/16/2007 3:31:06 AM PDT by Wolfie
They can't send 'guru of ganja' to jail, but feds will retry case
Federal prosecutors brushed off a judge's suggestion that they not retry a prominent marijuana advocate on cultivation charges and said Friday they would press ahead, even though he cannot be sent to prison if he is convicted.
Assistant U.S. Attorney George Bevan made the announcement at a hearing in San Francisco before U.S. District Judge Charles Breyer, who presided over the first trial of 62-year-old Ed Rosenthal of Oakland. When Bevan said last month that the government intended to retry the self-described "guru of ganja," Breyer urged him to reconsider, suggesting that federal resources might be used more productively in prosecutions that result in imprisonment.
Bevan said Friday that prosecutors had reached their decision after a "thorough and careful review'' and that the final word had come from Scott Schools, the interim U.S. attorney in San Francisco. When Breyer asked if Justice Department officials in Washington had been consulted, Bevan said he didn't know.
The retrial, scheduled to begin May 14, will be limited to the cultivation charges of which Rosenthal was convicted in 2003, verdicts that were overturned on appeal last year. Prosecutors have said they would not seek additional imprisonment for Rosenthal, beyond the one day in jail he has already served, if he were convicted again.
Rosenthal was arrested for growing marijuana that he said was intended for medical patients. After he won his appeal on grounds of juror misconduct, prosecutors secured a new federal grand jury indictment in October that included additional charges of tax evasion and moneylaundering related to his marijuana cultivation.
(Excerpt) Read more at sfgate.com ...
Typical WO(s)D mentality, the “war” in general and the pursuit of open dissenters in particular is more important than the actual law. Very BATFish.
Hey, take it easy on them. It’s their rice bowl. Without these make-work jobs, they’d be unemployed.
Pile on the lesser included charges and take another swing at it. It’s another show trial ala Tommy Chong, to send a message rather than punish a wrongdoer.
The lesser charges were thrown out. The Feds are carrying out the prosecution knowing full well no punishment can result. Hey, its just tax dollars.
“When we get your money, we’ll ride to the sunset. At Rosa’s Canteen, we’ll stop at the door. We’ll spend all your money, just getting the nose wet. Tomorrow, we’ll be back for more...”
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