Ed Rosenthal is a Californian cannabis grower who was arrested in 2002 for cultivation of marijuana. He was arrested by federal authorities, who do not recognize the authority of states, like California, to allow the use of medical marijuana. He was convicted in a controversial trial presided over by District Court Judge Charles Breyer.
After the trial was over, seven of the twelve jurors who had convicted Rosenthal expressed outrage due to Judge Breyer's refusal to allow the defense team to bring up Rosenthal's deputization from the city of Oakland, California to grow cannabis as a supply for medical marijuana patients (not including Rosenthal himself). He was also led to believe, by Oakland authorities, that he was immune from prosecution. The Drug Enforcement Agency denies having told the Oakland City Council that Rosenthal was immune from prosecution.
Before sentencing (Rosenthal would receive at least five years under mandatory minimum sentencing laws), defense attorneys presented information that may lead to a new trial. Juror Marney Craig asked a friend of her's, a lawyer, if she had to follow Judge Breyer's instructions to convict on the fact of his committal of the crime, and not on the fairness of the law that makes his actions criminal. Her friend told her that she did have to follow the judge's instructions, and she told another juror, Pamela Klarkowski. The defense attorneys have argued that the outside information tainted the jurors, inasmuch as it is inaccurate; under the principle of jury nullification, jurors can vote not to convict on the basis of the law being unfair and, in fact, can never be required, by a judge or anyone else, to divulge the reasons behind their vote.
