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| Kubby Fails To Appear for Jail Sentence |
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Posted by FoM on July 22, 2001 at 07:31:46 PT By Gus Thomson, Journal Staff Writer Source: Auburn Journal 
Medical marijuana advocate and former Libertarian Party gubernatorial candidate Steve Kubby remains free after failing to show up Friday at North Auburn's Placer County Jail to begin serving a 120-day sentence.Now a resident of Canada's Sechelt, British Columbia, Kubby said Saturday that "nothing has been settled in court" and he's now being threatened by law enforcement with either "becoming a fugitive or being murdered in their jail." Kubby won acquittal earlier this year on charges that he grew 265 pot plants at his Olympic Valley home for personal profit but was convicted on two other drug charges. Kubby was told by jail officials in April that he wouldn't be able to smoke cannabis while serving time on the two drug charges he was convicted of. Kubby produced expert witnesses during a lengthy pot-possession-for-sale trial last fall to back his contention that heavy marijuana smoking keeps a rare form of cancer he suffers from at bay. With Kubby absent, Assistant Public Defender asked Placer County Superior Court Judge John Cosgrove for a further extension of Kubby's surrender date. Cosgrove had already moved Kubby's surrender date from May 11 to provide enough time for the U.S. Supreme Court to rule on the use of medical marijuana. The court ruled there was no evidence that marijuana was medically beneficial. The ruling provided a clear indication to Placer County Jail authorities that Kubby couldn't be given marijuana or its synthetic derivative while serving his sentence. "My wife and I have given up 2½ years of our lives, most of our worldly possessions, our house, our reputation and over $250,000 raised and spent in our defense," Kubby said. "We've answered every deceitful and despicable charge and showed the world that we were innocent." Mumma said Friday that Kubby is now seeking an attorney to handle an Appeals Court case on whether two charges he was convicted of n possession of peyote and possession of magic mushrooms n should be felonies or misdemeanors. Cosgrove had reduced the convictions to misdemeanors. The state Attorney General's Office has given preliminary approval to move forward with an appeal to return them to felonies. If someone doesn't show up for a jail sentence, an arrest warrant is normally issued soon afterward. A check with Auburn Police on Saturday indicated a warrant had yet to be issued for Kubby's arrest. Prosecutor Chris Cattran said Friday during the hearing before Cosgrove that he felt the latest motion to extend Kubby's date of surrender was another delaying tactic by the defendant. Kubby had also failed to register with the county Probation Department, pay any fines imposed by the court, or advise the court of any move he has made out of the county, he added. Cosgrove ruled there were no adequate grounds to permit a stay or continuance of the case. Source: Auburn Journal (CA) Related Articles & Web Site: The Kubby Files Kubby Files $200 Million Lawsuit D.A. Wants Kubby Hit with Felony Convictions CannabisNews Articles - Kubby Home Comment Email Register Recent Comments Help |
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| Comment #7 posted by freedom fighter on July 23, 2001 at 22:14:25 PT |
| I agree... and I invite you to turn your Mr. Coco a red... Kubby needs to stay away from United of Shitheads... http://cannabisnews.com/news/register.shtml [ Post Comment ] |
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Comment #6 posted by sorry for us all on July 23, 2001 at 21:15:46 PT:
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| Some must have thought this was a remarkable person. Sounds like an outstanding citizen and a compassionate person to me. Talk about a person not wanting to run for public office because of the way the press scrutinizes you. Sounds to me like two parties is company and three is a crowd. Holy crap Batman. [ Post Comment ] |
| Comment #5 posted by Lehder on July 23, 2001 at 19:47:12 PT |
| another one of those 'clear signals' - from the kubbys to the g. i admire your defiance. stay free. ---------- "I thought california passed a law mandating treatment before incarceration?"--jeff 'treatments' might not be real effective here!? condition untreatable! [ Post Comment ] |
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Comment #4 posted by jeff on July 23, 2001 at 10:51:19 PT:
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| I thought california passed a lawmandating treatment before incarceration? [ Post Comment ] |
| Comment #3 posted by mr. coco on July 23, 2001 at 10:14:49 PT |
| Stay in Canada. You have given too much of your life already to those assholes in the U.S. Look for some happiness instead. Things are finally starting to change, and without your help, Cali wouln't be where it is today. Thank you Kubby, and keep fighting (In Canada) [ Post Comment ] |
| Comment #2 posted by FoM on July 22, 2001 at 08:40:40 PT |
| On Tuesday, July 17, the New York Times Drug Policy forum hosted medical marijuana activists Steve and Michele Kubby. They were instrumental in passing the medical marijuana initiative in California, Prop. 215. His activism on the behalf of medical marijuana patients, including a run for Governor, led directly to law enforcement raiding their home, and nearly causing Steve to die in a county jail. The rest of this amazing story is on their website at www.kubby.com During this forum Michele Kubby announces that she will run for Lt. Governor in 2002 Transcript at: http://www.mapinc.org/drugnews/v01/n1300/a09.html Now comes the following word, sent to the Kubby announcement list: KUBBY ORDERED TO JAIL Several journalist have contacted me to tell me they were in Cosgrove's court this morning, Friday, and he refused assistant Public Defender Julie Mumma's request for an extension of the commitment date (with about 15 minutes before the 10 a.m. time scheduled for me to appear at the jail). I still have not heard anything from the Public Defender's office and have no legal counsel to advise me at this time. The next step apparently is for the sheriff's department to send back my name to the judge, to issue a warrant. Here is my response: "My wife and I have given up 2 1/2 years of our life, most of our worldly possessions, our house, our reputation and over $250,000 raised and spent in our defense. We've answered every deceitful and despicable charge and showed the world that we were innocent. Now, after the police lied on the stand and were caught altering evidence, my life and my family are still being threatened by Placer officials. Nothing has been settled in court -- except to threaten me now with becoming a fugitive or being murdered in their jail." The Kubbys are asking friends and supporters to make an immediate contribution to raise funds to appeal this terrible decision: You can contribute online at: http://www.kubby.com/00-contribute.html Steve still intends to be in the DrugSense Chat Sunday evening - and will tell us what he knows about the situation as well as seek advice on ways activists may help. Join us on Sunday July 22, 5 p.m. Pacific, 8 p.m. Eastern, when our special guests will be Steve and Michele Kubby. For information on future guests see: http://www.cultural-baggage.com/schedule.htm The following, from the 28 April Auburn Journal provides background: Medical marijuana proponent Steve Kubby - who won acquittal earlier this year on charges that he grew 265 pot plants at his home for personal profit - was told Friday that he wouldn't be able to smoke cannabis while serving a 120-day jail term on the two drug charges he was convicted of. Kubby produced expert witnesses during a lengthy pot-possession-for-sale trial to back his contention that heavy marijuana smoking keeps a rare form of cancer he suffers from at bay. But a jail official told a hearing before Placer County Superior Court Judge John L. Cosgrove that the facility's medical director wouldn't be able to dispense marijuana or its synthetic derivative to Kubby. Cosgrove agreed to extend Kubby's deadline for admission to the jail from May 11 to July 20. The extra time is expected to provide enough time for the U.S. Supreme Court to rule on the use of medical marijuana. Cosgrove ruled against a request by Assistant Public Defender Julie Mumma to eliminate the jail sentence and a search and seizure provision of Kubby's probation. But he added that he was concerned about the jail being able to handle Kubby's situation while in custody.... KUBBY SAID AFTER THE HEARING THAT CESSATION OF HIS MARIJUANA USE WOULD BE AKIN TO A DEATH PENALTY FOR HIM. "The medical marijuana initiative passed by voters wasn't difficult for them to understand, it wasn't difficult for juries to understand, but it seems very difficult for Placer County's criminal justice officials to accept, understand or even tolerate," Kubby said.... [ Post Comment ] |
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Comment #1 posted by lookinside on July 22, 2001 at 08:06:13 PT:
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| i congratulate the kubby's on their strong stance... the government would probably take away an angina patient's cops being what they are, they probably planted the peyote respect for our legal system is diminishing fast..."justice" [ Post Comment ] |
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