Feds will retry pot activist on cultivation charges
Bob Egelko, Chronicle Staff Writer
Friday, April 13, 2007
(04-13) 12:35 PDT SAN FRANCISCO -- The government will retry a prominent marijuana advocate on cultivation charges even though he faces no punishment if convicted, beyond the one day in jail he's already served, a federal prosecutor said today.
Prosecutors decided on a second trial for Ed Rosenthal after a "thorough and careful review,'' Assistant U.S. Attorney George Bevan told U.S. District Judge Charles Breyer, who had urged him to reconsider his decision at a hearing last month.
Bevan said the final decision was made by Scott Schools, the interim U.S. attorney in San Francisco. When Breyer asked if Justice Department officials in Washington had been consulted, Bevan said he didn't know.
Bevan also said the government had decided not to appeal Breyer's dismissal of charges of tax evasion and money laundering, which were included in a new grand jury indictment after Rosenthal's marijuana-growing convictions were overturned by an appeals court. Breyer ruled last month that prosecutors had added the new charges vindictively in retaliation for Rosenthal's successful appeal and his public statements disputing the fairness of his trial.
The judge scheduled the retrial for May 14. Rosenthal told reporters afterward that he was glad the government had opted for a new trial rather than dropping the case.
"When I win this case, it's saying to the government, 'You have to stop harassing the medical (marijuana) dispensaries,' '' said Rosenthal, who was wearing a shiny green robe embroidered with images of marijuana leaves.
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