JURORS APOLOGIZE FOR POT CONVICTION

Decision May Have Been Different If Judge Had Not Withheld Information
About Oakland Giving Ed Rosenthal

SAN FRANCISCO -- Half the jurors who convicted pro-marijuana author and
activist Ed Rosenthal of three federal felonies Friday apologized to him
Tuesday, saying they'd have voted differently had they known one more fact.

That key fact is that Rosenthal, 58, was acting under an Oakland ordinance
as an officer of the city in growing marijuana to be provided to
cooperatives and patients for medical use.

"It's the most horrible mistake I've ever made in my entire life," juror
Marnie Craig of Novato said at a news conference outside the federal
courthouse. "The city of Oakland attempted to give him immunity and he
operated under that assumption.

"Ed Rosenthal is not a criminal, he should never have been convicted. He
needs a jury that is allowed to hear all the evidence," Craig said.

U.S. District Judge Charles Breyer withheld the apparently crucial fact and
other evidence of Rosenthal's medical motive from jurors because federal
law makes no distinction for motive -- it bans any and all marijuana
cultivation, possession and use, no matter what California's and Oakland's
laws say.

Rosenthal faces five to 85 years in prison when he's sentenced June 4, but
Breyer said he'll seek reasons to grant a lesser sentence.

Before that, Breyer will mull a motion to toss out the indictment on which
the whole case is based, said William Simpich, one of Rosenthal's
attorneys. Simpich said transcripts show Assistant U.S. Attorney George
Bevan told a grand jury Rosenthal violated state law as well as federal,
and the indictment might never have been handed down if not for this falsehood.

The six jurors -- claiming to speak for at least two more who didn't attend
- -- plus about 50 pro-Rosenthal protesters and several elected officials at
Tuesday's conference had few kind words about how the trial was conducted.

The jurors acknowledged they knew the case involved medical use -- they
were told so during jury selection, and Rosenthal's lawyers mentioned it at
trial over Bevan's objections -- but they insisted Rosenthal's protection
by the Oakland ordinance would have made them refuse to convict, had they
only known. Federal criminal verdicts must be unanimous, so even one
hold-out on the jury would have caused a mistrial.

Juror Kimberly Sulsar of San Leandro called it "truly disheartening and
shameful," and juror Pamela Klarkowski said she was "absolutely appalled"
upon realizing what had happened.

Jury foreman Charles Sackett III of Sebastopol read aloud a letter of
apology to Rosenthal and his family.

San Francisco Board of Supervisors President Matt Gonzalez said Breyer
violated the spirit of the U.S. Constitution and centuries of legal
precedent saying citizens help shape the evolution of community standards.

San Francisco Supervisor Tom Ammiano blasted the federal government for
trying to "foul the nest" California and its cities have made for medical
marijuana patients: "Let's have that new trial and let's have it fast."

And San Francisco District Attorney Terence Hallinan said this is the first
instance he recalls in which a majority of jurors insist they were misled
and are publicly calling for a new trial.

"I hope the federal government takes this seriously," he said. "Let's make
sure that Ed remains a hero and not a martyr."