Vindictive prosecution

Via Talk Left comes an interesting development in the Ed Rosenthal Case

Recap of Ed Rosenthal for those who are new to the story: Medical marijuana grower authorized by Oakland, California, arrested by feds, not allowed to mention legal status in his federal trial, convicted. Jurors find out they were duped by the government and are outraged. Judge isn’t happy either and sentences Ed to one day. Ed appeals anyway out of principle and is granted new trial. Feds decide to re-trial and try to pile on more charges to get him.

Now a federal judge is asking the tough questions in this case.

SAN FRANCISCO, March 3 Ö A federal judge has asked the United States attorney here to submit all trial preparation memorandums in the case against a leading advocate of medical marijuana so that the court can determine if the government has been pursuing a ‹vindictive prosecution.Š
The judge, Charles R. Breyer, ordered the review at the request of lawyers for Ed Rosenthal, a spokesman in the effort to legalize marijuana who has been in a closely watched court battle with the government.

Oh, and Tommy Chong is raising money for Ed Rosenthal’s defense fund.