Pubdate: Fri, 07 Feb 2003
Source: Seattle Times (WA)
Copyright: 2003 The Seattle Times Company
Contact:  http://www.seattletimes.com/
Details: http://www.mapinc.org/media/409
Author: Ric Smith
Bookmark: http://www.mapinc.org/people/Ed+Rosenthal
Referenced: http://www.mapinc.org/drugnews/v03/n200/a09.html

CULTIVATING MARIJUANA - CONVICTION MUST NOT STAND

Re: "Jurors say they were denied key evidence in pot case," News, Feb. 5.
The jurors not having been fully informed is of concern; the fact that this
was exploited by U.S. District Judge Charles Breyer is frightening.

Prosecutors are afforded discretion over whether and how to charge. Judges
are afforded discretion over many aspects of a case. The U.S. Constitution
also affords jurors discretion - to convict or acquit, based upon
evidence presented. If judges are allowed to manipulate testimony and the
presentation of evidence then refuse to properly instruct jurors, we are
left with no choice but to acquit.

Ed Rosenthal's mistaken conviction could be a very expensive lesson. It must
not be allowed to stand.

Ric Smith, Shoreline
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MAP posted-by: Josh