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Federal Judge Denies Pot Guru Ed Rosenthal a New Trial
Fri May 16, 8:08 PM ET
By DAVID KRAVETS, Associated Press Writer
SAN FRANCISCO - A federal judge rejected a bid for a new trial
from convicted marijuana grower Ed Rosenthal on Friday,
finding no basis for his claims of jury bias.
U.S. District Judge Charles Breyer upheld Rosenthal's highly
publicized conviction in February. He now faces spending the
rest of his life in prison when he's sentenced June 4. The
maximum sentence is 85 years.
Rosenthal said he would appeal to the 9th U.S. Circuit Court
of Appeals (news - web sites) and would ask Breyer to stay his
sentence pending a decision.
Rosenthal, 58, was portrayed as a major drug manufacturer at
trial. The jury concluded that he was growing more than 100
pot plants, conspired to cultivate marijuana and maintained an
Oakland warehouse for a growing operation.
Rosenthal says he was growing medical marijuana under a 1996
law approved by California voters, and was deputized by the
city of Oakland to carry out the task. But Breyer prohibited
Rosenthal's jury from hearing evidence of that sort, and he
explained his reasoning Friday.
"Since the Civil War this country has recognized that whatever
the views of local governments, such views do not control the
enforcement of federal law," Breyer wrote.
Rosenthal also claimed at least two jurors incorrectly
believed they had no choice but to convict him. One juror
informed the judge after the trial that she had consulted with
an attorney during the trial on whether she could vote for
acquittal even though the evidence clearly established
Rosenthal violated federal drug manufacturing laws.
Breyer wrote it was "rank speculation" that two jurors voted
to convict on the advice of the attorney.
