JURORS SAY THEY WERE DENIED KEY EVIDENCE IN POT CASE

SAN FRANCISCO - Jurors who convicted a man of cultivating marijuana and
other federal drug charges say they would have acquitted him had they been
told he was growing it for medical purposes for the city of Oakland.

"I feel like I made the biggest mistake in my life," juror Marney Craig
said. "We convicted a man who is not a criminal."

Rosenthal, 58, the self-described "Guru of Ganja," was allowed yesterday to
remain free on $200,000 bail until his June 4 sentencing on federal drug
violations. He told supporters that he had "no regrets. ... Both the jury
and I were victims of persecution, of an illegal government action."

The 12-member jury unanimously concluded Friday that Rosenthal was growing
more than 100 plants, conspired to cultivate marijuana, and maintained an
Oakland warehouse for a growing operation. He was portrayed as a major drug
manufacturer and put on little defense.

The jury was not told that Rosenthal was acting as an agent of Oakland's
medical-marijuana program, an outgrowth of a 1996 initiative approved by
California's voters that conflicts with federal law.

"I really feel manipulated in a way," juror Pam Klarkowsky said. "Had I
known that information, there is no way I could have found that man guilty."

Rosenthal's defense repeatedly tried to call witnesses to testify that he
was growing marijuana for medical use. The judge denied those requests and
was backed up twice during the trial by the 9th U.S. Circuit Court of Appeals.

Legal experts said U.S. District Judge Charles Breyer had federal precedent
on his side.

"A bank robber is not allowed a defense that he was stealing money for his
starving children, even if he was," said Rory Little, a Hastings College of
the Law professor.

Also backing Breyer, experts say, was a ruling by the U.S. Supreme Court
two years ago prohibiting advocates for the sick and dying from doling out
marijuana to those with a doctor's recommendation. That decision prompted
raids on medical-marijuana growing operations throughout California.

In addition, the federal government does not recognize medical- marijuana
laws in nine states that have them.