WHAT: Press conference and patient demonstration
in the federal building plaza, following trial session
WHEN: Wednesday, May 23, 2007. Press conference
and demonstration begin at 1pm. Court will be in session
beginning at 8am for discussion of defense plans
WHO: Advocate and author Ed Rosenthal and his attorneys,
Robert Amparan, Shari Greenberger and Omar Figueroa
WHERE: Federal Building, 450 Golden Gate, San Francisco.
Trial is in the Courtroom of U.S. District Judge Charles
Breyer, 19th Floor.
The prosecution's case against medical marijuana advocate
and author Ed Rosenthal ended on an unusual note Tuesday when,
first, one of the government's witnesses had to be arrested
in order to testify and then the defendant harangued the judge
about the unfairness of the trial.
After Rick Watts, an indicted co-conspirator with Rosenthal,
failed to appear as scheduled, Judge Charles Breyer issued
a bench warrant for his arrest, and he was brought to court
by DEA agents.
Watts, who took the stand as the prosecution's final witness
in a t-shirt that read "Defend Medical Marijuana,"
denied knowing much of anything about the operation of the
Harm Reduction Center, the medical marijuana dispensary Rosenthal
is alleged to have been involved with, other than it served
patients.
Following Watt's testimony, the prosecution rested and the
jury was dismissed for the day. Defense attorneys then advised
the court that all the witnesses they had attempted to call
had been denied -- including witnesses who had been allowed
to testify at the 2003 trial -- they did not intend to present
a defense and would rely on the government having failed to
prove its case.
Judge Breyer then asked Rosenthal to address the court on
his decision. Rosenthal told the court that he believed the
trial was "unfair" and a "kangaroo court"
that he likened to a "Stalin show trial."
Judge Breyer offered to allow Rosenthal to take the stand
with no restrictions on his testimony, but Rosenthal said
he would do so only if he could present corroborating witnesses.
Court will reconvene at 8:00 am Wednesday, half an hour earlier
than usual, to allow the prosecutor and defense attorneys
time to discuss the matter before the jury comes in.
If the defense rests without calling witnesses, then the
jury is likely to be dismissed early so the court can consider
jury instructions and the fate of the many prosecution witnesses
who have indicated that they will refuse to cooperate if called
to the stand.
Closing arguments would then be presented on Thursday morning,
beginning at 8:30am.
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.
