GROUNDBREAKING POT TRIAL WRAPS UP

The bizarre trial of marijuana advocate Ed Rosenthal ended Thursday just as
it had begun: with the judge and the prosecution pounding into the jury's
consciousness everything they were not allowed to consider in rendering
their judgment.

The jury was told not to consider that Rosenthal was growing pot to help
sick people; not to consider California state law; not to consider that
Alameda County Supervisor Nate Miley said he served with Rosenthal on an
Oakland City Council committee working to implement the state's medical
marijuana law.

Instead, U.S. District Court Judge Charles Breyer and Assistant U.S.
Attorney George Bevan instructed the jury to stick to the mother plants and
clones that were found growing in a commercial building Rosenthal admits he
bought to experiment with different strains of medicinal marijuana.

"Every marijuana plant that comes out of Mandela Parkway -- that is a
federal offense," Bevan told the jurors in his closing statements. "That is
what we're holding Mr. Rosenthal responsible for -- not anything more and
not anything less."

While the defense attorneys mounted an argument that the government had
failed to adequately document the plants they pulled from Rosenthal's
warehouse, they simultaneously attempted to insinuate the concepts medical
marijuana and states rights into the proceedings.

In his closing statement, defense attorney Robert V. Eye recalled the
testimony of medical pot club owner Bob Martin, who testified reluctantly
after being subpoenaed by the government. He reminded the jury that Martin
had referred to marijuana plants as medicine.

"That gives us some guidance,'' Eye told jurors before Breyer could break
in with, "You are not to consider the purpose for which the marijuana was
grown. Federal law prohibits cultivation of marijuana.''

At one point Eye also asked why Martin was allowed to openly -- and proudly
- -- operate several medical pot clubs while prosecutors threw the book at
Rosenthal.

"So we prosecute Mr. Rosenthal and allow Mr. Martin to open a marijuana
dispensary?" asked Eye. "How can we reconcile those two things?"

But in his rebuttal, Bevan called the Martin argument "a red herring" and
warned the jury not to consider Martin's statement that he had opened a
dispensary to "take care of sick people."

"You could say he's violating the law, why isn't he on trial? Well that's
not for you to consider," said Bevan. "This is a federal courtroom, not a
polling place. You're not acting as congressmen and congresswomen."

Rosenthal did not take the stand in his own defense.

"The best way for me to testify, if I had testified, would be with a piece
of duct tape over my mouth," Rosenthal said during the morning break.

But while Rosenthal continued the defiance he had maintained through the
trial, he also appeared to be a little apprehensive. He faces a minimum of
10 years in prison and a maximum of life if convicted of the marijuana
cultivation and conspiracy charges.

"I'm very, very nervous," said Rosenthal as he stood with his wife Judy and
his two children.