Calif. Jury Angered by Medical-Marijuana Trial February 10, 2003
News Summary
The California jury that convicted medical-marijuana advocate Ed Rosenthal is outraged over how the trial was conducted, the San Francisco Examiner reported Feb. 4.Juror Marney Craig called the trial "the most horrible experience I've ever been through." She added, "It's the biggest mistake I've made in my life and a lot of jurors feel the same way. It was a very unfair trial and not impartial at all. How can we be fair and impartial since the judge wasn't fair and impartial? This man was not a criminal."
Rosenthal admitted to growing marijuana for distribution to patients who met the requirements of Proposition 215, California's medical-marijuana law.
Although Rosenthal was deputized by Oakland officials to grow marijuana for medicinal purposes, Judge Charles Breyer prohibited testimony related to the state law because marijuana cultivation is illegal under federal law.
"When there's a conflict between federal and state law in a criminal case, the jury ought to know about it," said Harvard Law School professor Alan Dershowitz.
Dershowitz said the case should go before the U.S. Supreme Court. He noted that in recent years, the conservative-leaning Supreme Court has sided with the rights of states.
"Here we're talking about healthcare, which is very much a state issue, too," said Dershowitz.
Rosenthal is set for a custody hearing to determine whether he should remain in prison until his June sentencing.
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