Americans for Safe Access attorneys (see story on page 2) argued that this amounted to vindictive prosecution and the charges should be tossed out. On March 14, Breyer agreed that “it is apparent that (the US prosecutor) decided to re-evaluate its strategy in response to Rosenthal’s public criticism of the trial. In other words, the  government’s deeds — and words — create the perception that it added the new charges to make Rosenthal look like a common criminal and thus dissipate the criticism heaped on the government after the first trial.”

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A juror had been intimidated from exercising her power to vote “not guilty” once she realized the case involved medical marijuana

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Afterwards, Rosenthal thanked the judge and encouraged Bevan to continue to pursue him, so people would see his “hate of marijuana and medical marijuana patients.” Defense attorneys, on the other hand, encouraged the Feds to drop the matter. At press time, Bevan’s office had not announced its intentions.