[ASA Field]

ASA Attorney Strikes Blow Against Federal Government
Federal Judge Rules Ed Rosenthal Was Vindictively Prosecuted

Dear ASA Supporter,

ASA Chief Counsel, Joe Elford, secured a huge victory for the medical marijuana movement yesterday in the case of author and medical marijuana activist Ed Rosenthal. Federal District Court Judge Charles Breyer ruled that Rosenthal was vindictively prosecuted, and dismissed charges of tax evasion and money laundering – charges that were added after Rosenthal's conviction in 2006! The remaining marijuana charges against Rosenthal are virtually identical to those pursued against him in his previous trial. With an admission in court by the U.S. Attorney that it would not seek additional punishment beyond the one-day sentence for Rosenthal's conviction, the prosecution has little reason to proceed with the case.

"We are gratified that the court has recognized the vindictive nature of this prosecution and has reigned in the prosecutor," said Joe Elford, author of the successful vindictive prosecution motion. "The additional charges brought against Rosenthal were clearly in retaliation for his criticism of the government. Taxpayer dollars should not be wasted on a vendetta carried out by a prosecutor against a defendant."

ASA's legal department does this kind of work every day and needs your support to continue securing legal victories for medical marijuana patients. Please pledge your support today!

Judge Breyer's ruling is the result of a motion to dismiss based on vindictive prosecution filed by Americans for Safe Access and other attorneys with Rosenthal's legal team. The substance of the brief was that the government was retaliating against Rosenthal for his successful appeal and his statements to the press that his first trial was unfair. In his ruling, Judge Breyer asserted that "the government's deeds--and words--create the perception that it added the new charges to make Rosenthal look like a common criminal…”.

Rosenthal was re-indicted after his 2003 conviction was overturned in April 2006 by the Ninth Circuit Court of Appeals. After finding out that medical marijuana evidence had been excluded from the 2003 trial, a majority of the jurors that convicted Rosenthal recanted their verdict. Due at least in part to public outcry, Rosenthal was sentenced to one day in jail. The government was relying on the new charges of tax evasion and money laundering to justify the second prosecution of Rosenthal. The court has now confirmed that Rosenthal's continued prosecution is suspect.

Yesterday's victory is just one example of the exciting work ASA's legal department is doing. Some other highlights include:

• DQA Lawsuit: For many years the US Department of Health & Human Services (HHS) has maintained that marijuana has no medical value, despite evidence to the contrary here in this country and around the world. On February 21st, 2007, with the fanfare of international media attention, ASA filed a groundbreaking lawsuit to correct the federal government’s misinformation around medical cannabis. Stanford Law Professor Alan Morrison has joined ASA as co-counsel, and four patients from California, Colorado, Idaho, and Missouri are named in the lawsuit.
  
• San Diego County Lawsuit: In late 2005, the County of San Diego sued to overturn many provisions of the California Health and Safety Code, including the requirement that county health departments issue medical cannabis ID cards to qualified patients (San Diego County v. San Diego NORML). ASA intervened in the suit on behalf of patients and doctors and in December 2006 successfully obtained a ruling that affirmed patients’ rights and upheld state law. In February 2007, San Diego filed its appeal, which ASA will continue to fight for as long as it takes.
  
• California Supreme Court Case: Ross v. RagingWire: ASA successfully petitioned the California Supreme Court in November 2005 to hear a case involving the employment rights of medical marijuana patients. In September 2005, the California Court of Appeals ruled that qualified medical marijuana patients did not have any remedy for being terminated from their employment simply for testing positive for marijuana. Hoping to overturn this discriminatory decision, ASA agreed to represent the plaintiff Gary Ross. The case will likely be heard sometime in 2007.

We rely upon your support to do this crucial work. No one else is going to do this but you and ASA. Our legal team needs your support to continue to protect and expand the rights of medical cannabis patients. Will you please take a minute right now to visit our new web site and make a monthly pledge of support? Just $10, $15, or $25 per month makes a difference. You may also choose to make a larger one-time contribution to help us at this strategic moment. With your support, we know we have the money to keep doing this important work.

Thank you for your generous support!

Sincerely,

Kris Hermes
Legal Campaign Director
Americans for Safe Access


Background Information:

• U.S. District Court Ruling on Vindictive Prosecution
• Vindictive Prosecution Motion
• Government’s Opposition
• Rosenthal's Reply
• More Information on Ed Rosenthal’s Cases

Americans for Safe Access is the nation's largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

A federal judge told prosecutors Friday to consider dropping pot-growing charges against self-proclaimed marijuana guru Ed Rosenthal.

U.S. District Judge Charles R. Breyer granted the Department of Justice's motion for a delay in Rosenthal's retrial, which was scheduled to begin Monday. Earlier in the week, the judge dismissed money laundering and tax charges against Rosenthal, saying they resulted from a "vindictive prosecution."

Prosecutor George Bevan requested the postponement to review a last-minute flurry of defense motions. But Breyer said he also wants the government to assess "whether it makes sense to go forward with the marijuana prosecution" in light of his ruling.

Rosenthal, 62, was convicted on three marijuana-growing felonies in 2003. Breyer sentenced him to just one day in prison, which Rosenthal served, saying the "Guru of Ganja" reasonably believed he was growing the plants on behalf of Oakland officials for a city medical marijuana program.

A federal appeals court overturned his conviction last year because of misconduct by a juror who consulted an attorney on how to decide the case. Federal prosecutors indicted Rosenthal again in October over the same marijuana operation, adding four counts of hiding money and five counts of filing false tax returns.

In his pointed instructions to Bevan Friday, Breyer said he should estimate "if the government's resources and the court's resources are well spent" by trying Rosenthal a second time.

Breyer also said he expected the lawyer to be prepared to answer when the case returns to court on April 13 whether the government had ever retried someone who had already served his sentence.

Rosenthal, a longtime pro-marijuana activist, has written books on how to grow marijuana and how to avoid getting caught

One for the good guy's lol

I love this part:

CONCLUSION
Rosenthal’s motion to dismiss the tax and money laundering charges based on
vindictive prosecution is GRANTED. His motion to dismiss the marijuana charges is
DENIED.1 The parties shall appear for a status conference to discuss the remaining counts at
2:15 p.m. on Friday, March 16, 2007.
IT IS SO ORDERED.
Dated: March 14, 2007
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

[hurtwillstop]

Very glad to hear it. Now its only a matter of how long the government is willing to backpedal before applying common sense.

[HIERTHANYOU]

HIGH 5

Ed Rosenthal has always been one of my heroes. His case is most interesting. Some of our Federal Judges are fair, there are actually a couple-few of fair and honest Federal Judges/Magistrates in the Central Judicial District (here in Los Angeles) I wont give names. With others, justice Just is.

Thank goodness that Ed is free. I am dating myself by saying that I remember him from High Times from the Eitys. He is the Guru of my first grow. Thanks Ed for being a pioneer. Your work has taken people like us and removed us from the undeworld, made us self sufficient and strong.

Thanks be to everyone involved. ASA especially.

"If you wreck it, go for total."
Captain Hash/Lymphoma David


Cheers

[veggiegardener]

Definitely good news.

I'm sitting here, looking at a little book that Ed and Mel wrote.

I bought my copy in 1977.

"Marijuana Grower's Guide".

Talk about dating myself....

[WEST VALLEY CO-OP]

way to go ASA

[Pikachu]

Just got my ASA lapel pin in the mail. Glad to be a member!

[delta99thc]

I just sent my donation off to ASA as well. Something must be done to end this insanity once and for all. This is a democracy with the DEA functioning outside of common sense or the will of the people.

Warn