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Ed Rosenthal: New Juror Misconduct Issue

Ed Rosenthal may have received his best shot yet at a new trial. A juror disclosed that she sought legal advice during his marijuana cultivation trial.
In a startling revelation that could mean a new trial for convicted medical-marijuana cultivator Ed Rosenthal, a juror in the case says she violated the law by seeking outside legal advice during the trial and then sharing the information with a fellow juror.

The development is another chapter in the bizarre case of Rosenthal, a nationally recognized medical pot advocate whose case pitted state medical marijuana laws against federal laws, which do not allow for any use or cultivation of pot.

With Rosenthal's sentencing slated for later this month, jury member Marney Craig will appear this morning before Judge Charles Breyer. Craig is expected to say that despite constant warnings from the judge not to discuss the case outside of the courtroom, she sought and obtained outside legal advice on whether she could vote not guilty.
To make matters worse, the juror said she shared the advice she received with another juror.

When extraneous or outside evidence is brought into the jury room, it can be grounds for a mistrial. This seems like a clear case to us--the verdict should be set aside and a new trial ordered. If only Ashcroft would decide not to re-prosecute, but that's probably not likely given the mission he is on to stamp out medical marijuana.

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