Judge Declines To Issue Gag Order in Guru of Ganja Case

Associated Press ^ | Jan. 23, 2003

[Wolfie]

Judge Declines To Issue Gag Order in Guru of Ganja Case

The federal judge presiding over the marijuana cultivation trial of Ed Rosenthal, the self-described "Guru of Ganja," declined Thursday to impose a gag order.

Federal prosecutors had sought to keep the defendant and his attorneys from speaking to the media amid fears that the bombardment of publicity the case has generated could taint the jury.

"I think there has been a concerted, organized effort to influence the jury," prosecutor George Bevan told U.S. District Judge Charles Breyer.

Rosenthal, who has written several how-to-grow marijuana books, faces a possible life term if convicted. Rosenthal, 58, says he was growing medical marijuana as authorized by California's Proposition 215, approved by voters in 1996.

But the federal government doesn't recognize that state law and Breyer has prohibited Rosenthal and his lawyers from making that defense to the jury.

So Rosenthal has told his story to a host of media outlets, and the government wanted him stopped. Prosecutor Bevan also objected to protesters outside the courthouse handing out literature urging jurors to use their "discretion" when formulating a verdict.

The judge, however, said he has repeatedly instructed the jury to refrain from reading, listening to or watching accounts of the trial outside the courtroom.

"I'm certainly hopeful jurors will follow the law," Breyer said. "I'm not about to shackle people's First Amendment rights."

Source: Associated Press Published: Thursday, January 23, 2003 Copyright: 2003 Associated Press

[Wolfie]

I hope for the prosecution's sake that the jury doesn't find out that Ed was growing medicinal marijuana at the direct request, and under the supervision of, the City of Oakland.

[Kerberos]

"Rosenthal, who has written several how-to-grow marijuana books, faces a possible life term if convicted. Rosenthal, 58, says he was growing medical marijuana as authorized by California's Proposition 215, approved by voters in 1996. "

Yeah I can see why the Feds wouldn't want that to get out.

[Wolfie]

From another story:

"Oakland officials were lined up to testify that Rosenthal only did what they asked him to do under state law. But Breyer wouldn't let them testify."

[Sparta]

Tenth Amendment, Vee don't need no steeeken tenth amendment.

[ActionNewsBill]

But the federal government doesn't recognize that state law.....

How in the heck do they get away with this?

[Kerberos]

"How in the heck do they get away with this? "

I think it is because they have bigger guns than the state does. :-)

[Kerberos]

""Oakland officials were lined up to testify that Rosenthal only did what they asked him to do under state law. But Breyer wouldn't let them testify."

Do you have a link to that story?

[metesky]

Yeah, but wouldn't it be great if the state actually grew big enough cajones to draw their smaller guns and force a showdown?

[Wolfie]

A Prejudicial Judge?

[StriperSniper]

"I'm certainly hopeful jurors will follow the law,"

Why should they when the ferral government doesn't.

[MrLeRoy]

"Oakland officials were lined up to testify that Rosenthal only did what they asked him to do under state law. But Breyer wouldn't let them testify."

Rosenthal should do his own closing and tell them all about it---and also all about jury nullification.

[Wolfie]

Oh, I don't think they'll let ol' Ed get away with that. I've been following the first day's testimony, and anytime the defense even mentions the words "City of Oakland" the judge cuts them off and tells the jury to disregard what they've heard. In fact, in anticipation of the defense making its case next week, the Judge gave them a specific list of Oakland officials they are NOT allowed to call as witnesses.

[MrLeRoy]

Oh, I don't think they'll let ol' Ed get away with that.

They'll try their damnedest. But if Ed gives his own closing argument (although to do that he might have to be representing himself, which I'm not sure he can elect to do at this point) I don't think the judge can cut him off.

Anyway, the judge has handed him an issue for appeal if he's found guilty.

[Wolfie]

Ed's a special case. He's been a thorn in the Feds' side for quite some time, what with his books, and appearances as expert witness for the defense in many cultivation trials. The Feds have even gone so far as to grant immunity to other medical marijuana suppliers in order to force them to testify against Ed.

[philman_36]

It gets more interesting every day.
But Breyer wouldn't let them testify.
Ah yes, The Brotherhood of the Robe strikes again.

[jmc813]

WOD Ping

[robertpaulsen]

Well, thanks to the doofus judge, the jury will now be exposed to that irrelevant and immaterial factoid. Which, of course, they will ignore under the judge's instruction.

[dcwusmc]

I would love to see his lawyer tell the judge to go piss up a rope. Hizzoner is a despicable clown, just as is the persecutor.