Justice Department Prosecutors Retry Case They Can't Win

SOURCE: AP



*** - So the US Justice Department division in Texas doesn't have enough problems. They're already under a cloud because they declined to investigate the TYC scandal in Texas last year. And now that scandal is resulting in arrests by Texas authorities once the cat got out the bag.

So they've decided to go 0 for 2 and prosecute a case that they know they can't win??? And even if they do convict the guy, he can't serve any time since the appellate court has upheld the prior trial's sentence of one-day.

WTH?!?!? Maybe the 'Ganga Guru' needs to set these prosecutors up with something. Because they really need to chill. I wonder what the head of this office's performance evaluation rating was. Anybody checked???

:shrug:

~snip~ Rosenthal was convicted of three felonies in 2003 for growing hundreds of plants for a city of Oakland medical marijuana program. Breyer sentenced him to one day in prison on grounds that Rosenthal reasonably believed he was immune from prosecution because he was acting on behalf of Oakland city officials.

A federal appeals court overturned his conviction last year because of misconduct by a juror who consulted an attorney on how to decide the case. The appeals court also ruled against the government and said that the one-day prison sentence was fair, which means Rosenthal doesn't face any more prison time even if he is convicted again.

When federal prosecutors indicted Rosenthal again on three growing charges in October over the same marijuana operation, they also added four counts of money laundering and five counts of filing false tax returns.

But Breyer tossed out those additional charges last month, saying they were solely to punish Rosenthal for winning his appeal to overturn his initial conviction. Prosecutors said Friday they wouldn't appeal the judge's decision to toss out those charges. ~snip~

http://www.mercurynews.com/breakingnews/ci_5660891?nclick_check=1

Related thread:
Feds will retry pot activist on cultivation charges -even though he faces no punishment if convicted
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=649494&mesg_id=649494

Can you say "vindictive prosecution"?

Fucking losers.