WHAT: Prosecution witnesses in Rosenthal Re-Trial,
including alleged co-conspirator Rick Watts and San Francisco
dispensary operator Bob Martin; Press conference to follow
at 4:00pm; Rosenthal and his attorneys will also be available
for comment at the lunch recess shortly after noon.
WHEN: Tuesday, May 22, 2007, beginning at 8:30am.
Court is scheduled to end at 4:00pm
WHO: Medical marijuana advocate and author Ed Rosenthal
WHERE: Federal Building, Courtroom of U.S. District
Judge Charles Breyer, 19th Floor, 450 Golden Gate, San Francisco
Things speeded up Monday in the retrial of medical marijuana
advocate Ed Rosenthal after defense counsel and the prosecution
agreed on the admissibility of reams of background documents,
eliminating the need for scores of government witnesses.
That brought to the stand former friend and racquetball partner
James Halloran. Halloran, 65, testified that Rosenthal was
engaged in ongoing research into the medical efficacy of different
strains of marijuana, and that Rosenthal only provided the
marijuana with the understanding that it was to go to authorized
medical patients.
The prosecution of the 62-year-old author and advocate continues
in San Francisco federal court Tuesday with the testimony
of two key witnesses, Rick Watts and Bob Martin.
Watts, the son of the philosopher and 60s icon Alan Watts,
was an indicted co-conspirator with Rosenthal. The marijuana
cultivation, distribution and conspiracy charges against Watts
were dismissed this spring by U.S. District Judge Charles
Breyer because the government failed to move forward with
its case against him for more than five years. Prosecutor
George Bevan unsuccessfully argued that Watts had an obligation
to notify the U.S. Attorney's Office that they should prosecute
him. He was unable to stand trial with Rosenthal in 2003 because
of a serious auto accident from which he has since recovered.
Bob Martin, who worked at the medical marijuana dispensary
to which Rosenthal is alleged to have sold small starter plants,
testified at the first trial that he paid Rosenthal with a
check that he subsequently stopped payment on. That check
was the subject of a Small Claims Court action by Rosenthal.
Martin is currently the operator of two San Francisco dispensaries.
Rosenthal has said that federal prosecutors have turned a
blind eye to Martin's activities in exchange for his testimony.
The prosecutor indicated that the government may conclude
its case as early as mid-day Tuesday.
An appeals court last year overturned Rosenthal's conviction
on three felony marijuana counts. The U.S. Attorney's Office
brought new charges against Rosenthal last October, but Judge
Breyer dismissed the bulk of them as "vindictive prosecution."
If convicted of the remaining marijuana charges, Rosenthal
faces no time or other penalty, as he has already served his
one-day sentence and three years of supervised release.
