Oral Arguments in Rosenthal Appeal
| By Americans for Safe Access | Published January 12, 2009 |
The fundamental issue in Rosenthal’s appeal is the right of defendants to present a complete and effective defense in cases where there is a conflict between state and federal law. If his conviction is allowed to stand, it could have a chilling effect on local officials and others whenever there is a risk that an overzealous federal prosecutor will attempt to criminalize their efforts to promote controversial state and local initiatives.
In 2003, medical marijuana advocate Ed Rosenthal was convicted for growing and distributing marijuana even though he was encouraged to do so by Oakland City officials as part of the city’s efforts to promote safe distribution of marijuana to patients. The Ninth Circuit overturned his conviction in 2006, but Rosenthal was retried and convicted in a second trial.
Among the specific questions that Michael Clough, Rosenthal’s lead attorney, will ask the appellate panel to decide are:
(1) Whether the jury should have been allowed to hear evidence that Rosenthal acted on good faith belief that he had been deputized by the City of Oakland.
(2) Whether, given the complex and unsettled nature of constitutional precedents governing differences in federal and state laws with regard to issues such as medical marijuana, Rosenthal should have been allowed to present a defense based on mistake of law.
(3) Whether Rosenthal should have been allowed to offer testimony by Oakland City officials to negate the allegation that he was involved in an unlawful conspiracy.
(4) Whether the trial judge, U.S. District Court Judge Charles Breyer, denied Rosenthal’s constitutional right to testify in his own defense when he ruled that Rosenthal could testify but not be allowed to present witnesses to corroborate his claim that he believed he was lawfully acting to further regulations enacted by the Oakland City council to ensure the safe distribution of marijuana to lawful patients.
Please do your best to attend to show your support.
| Date: |
Wednesday, January 14, 2009 |
| Time: | 9:00 AM - 9:30 AM |
| Address: | James R Browning US Courthouse get directions 95 7th St @ MIssion San Francisco, California 94103 |
