Pubdate: Sun, 02 Mar 2003
Source: Ogdensburg Journal/Advance News (NY)
Copyright: 2003 St. Lawrence County Newspapers Corp
Contact: P.O. Box 409, Ogdensburg, New York 13669
Author: Larry Seguin
NOTE: Accepts LTEs by mail only! Must be signed w/phone#


To the editor;

Hitler and Stalin's system of persecution can be done in US courts.
(Guru of Ganja Feb 5 2003).

Denial of a fair trial is a great concern for every citizen because
the tactics used by U.S. District Judge Charles Breyer and the federal
government against medical marijuana can be employed to convict any
one of any crime the prosecutor and judge see fit. The fact that at
least six of the jurors now back Mr. Rosenthal should give every
citizen pause about the way our courts are being run.

Mitigation is a standard feature of every other kind of trial, murder,
rape, child molesting, etc. None of this is allowed in marijuana
trials? If the federal government had let the jurors have the facts
they would not have convicted Mr. Rosenthal.

Mr. Rosenthal was a duly deputized officer of the City of Oakland
assisting in the implementation of the city's ordinance establishing a
medical marijuana program. Mr. Rosenthal had official immunity from
prosecution under USC Section 885(d). "No civil or criminal liability
shall be imposed ... upon anyduly authorized officer of any State,
territory, political subdivision thereof ... who shall be lawfully
engaged in the enforcement of any law or municipal ordinance relating
to controlled substances".

How can the government pretend it operates on democratic principles
when 45 out of 50 jurors are rejected because they disagree with the
marijuana laws? In a democracy any policy that showed more than 90%
opposition would be repealed. Why is this not so for marijuana? Why
are the voter's opinions spurned by the Federal Government?

The federal government spent tens of thousands of tax dollars to
convict Mr. Rosenthal in a state with approved medical marijuana
legislation, by having that evidence withheld.

" When the people fear its government, then there is tyranny" Thomas


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