cannabisnews.com: There Was An Easier Way To Inspect Kubby's Garden


cannabisnews.com: There Was An Easier Way To Inspect Kubby's Garden










  There Was An Easier Way To Inspect Kubby's Garden

Posted by FoM on September 10, 2000 at 11:20:45 PT
By Patrick McCartney, Journal City Editor  
Source: Auburn Journal 

Nearly 20 months after an anti-drug task force raided their Olympic Valley residence, Steve and Michele Kubby finally faced a Placer County jury Wednesday on 19 criminal charges in a high-profile medical marijuana trial.The Kubbys, their attorneys, a handful of supporters, prosecutors and local journalists crowded into a small DeWitt Center courtroom, where Judge John L. Cosgrove opened the proceedings with instructions to the jury of seven women and five men. With the preliminaries behind them, the prosecution and defense launched their opening salvos, setting the stage for what promises to be one of Placer County's better courtroom dramas.
And what a cast of characters!Representing the Placer County District Attorney's Office is earnest and affable Deputy District Attorney Chris Cattran, assisted by Supervising Deputy District Attorney Gene Gini Jr. The local prosecution team is facing a formidable pair of defense attorneys.J. David Nick, whose buzz cut and clunky black glasses reminded me of Elvis Costello in a three-piece suit, represents Michele Kubby, while Steve Kubby is represented by Tony Serra, a flamboyant, pony-tailed hipster whose exploits were portrayed by actor James Woods in the courtroom drama, "The True Believer."As reported by Journal Staff Writer Jessica R. Towhey, the opposing sides offered starkly different interpretations of the cultivation and conspiracy charges against the 1998 Libertarian candidate for governor and his wife."Recreational drugs and drug dealing – that's what this case is about," Cattran told jurors in his opening remarks.The two principal circumstances Cattran cited were the number of plants found in the Kubbys' home (105 mature plants, another 160 ranging from seedlings to preflowering), and $103,000 in cash the couple received over a two-year period, largely from two Bay Area medical marijuana clubs."I have another theory," countered Nick in his opening statement. "This case is about … cynicism on the part of law enforcement who investigated it and a recalcitrant attitude toward the 1996 Compassionate Use Act by law enforcement."Nick suggested to the jurors that Placer County's investigation and arrest of Steve Kubby was a vindictive act against the political activist who was instrumental in placing the Compassionate Use Act, or Proposition 215, on the ballot.During the trial's first two days, jurors heard how former Nevada County Sheriff's Deputy Ed York and Placer County Sheriff's Detective Mike Lyke pursued the investigation that resulted in the Jan. 19, 1999, search of the Kubby residence and the couple's arrest. Not reported in the news accounts were some of the surprising details that surfaced during their testimony.For instance, York described how he had engaged in 10 acts of surveillance over 30 days against the Kubbys after receiving an anonymous letter about possible illegal cultivation at their rental home. On two occasions, York intercepted the Kubbys' household trash, and meticulously sifted through it for evidence.The number of items associated with marijuana cultivation found in the first search on July 13, 1998, was impressive: cigarette rolling papers, 15 to 18 marijuana cigarette stubs or "roaches," plant stalks, leafy vegetable matter believed to be marijuana and discarded packaging from a 1,000-watt sodium lightbulb.On cross-examination and over Cattran's protest, York described another item that was recovered from the household trash. It was a printed flier directed at the investigators the Kubbys had been tipped off to expect."I have terminal cancer," the letter to law enforcement began, and went on to declare that Kubby was growing his own medicine, and was not in possession of more than 3.5 pounds of smokable pot. The notice included a remarkable invitation."In accordance with the Attorney General's guidelines, you may enter our residence to photograph and take samples," the flier said in so many words. The statement ended with a warning that prosecutors may in the end regret they did not heed. "If you destroy the garden, I will hold you financially and morally responsible."During a cross-examination by Serra, York conceded that investigators had not found any direct evidence of marijuana sales. Neither had they tried very hard. Before obtaining a search warrant, investigators never asked "confidential informants" to attempt a purchase or went undercover themselves to do so. Neither did they ever observe a transaction between Kubby and others nor stop anyone leaving the Kubbys to see if they had marijuana in their car.And, of course, investigators never took Kubby up on his invitation and knock on the door and ask to see the couple's indoor garden.The investigation was then interrupted for nearly five months when the Nevada County Sheriff's Department decided to withdraw from the task force. York blamed it on internal politics, saying the Truckee city manager and his supervisor were unhappy with the number of arrests generated by the task force."They wanted to see more small arrests rather than occasional larger arrests," York testified.Once Detective Lyke decided that the Kubby case was "viable" in late December, the pattern of trash intercepts and surveillance resumed, including nighttime observation of the Kubbys with enhanced-vision goggles, telephoto lenses and a camcorder. The criminal investigation culminated with the Jan. 19, 1999, search warrant and subsequent filing of criminal charges.With a month's recess of the trial, we will have to wait for both sides to marshal evidence to support their cases. But at times Thursday, it looked like Placer County prosecutors had their work cut out for them. As a team, Serra and Nick are giving the prosecution witnesses the kind of grilling prosecutors could only wince at.As Kubby said after Friday's hearing, "We're bringing in bigger, badder gunslinger attorneys than Placer County is used to, and putting the police and prosecution on trial. Most of the time, prosecutors here don't have to do much except say, ‘He had the drugs, arrest him.' This time, they have found themselves in a real battle."After listening to testimony the first two days, it seems obvious there was a better way to make sure the Kubbys were complying with California's Compassionate Use Act.Like, a compassionate way. Pat McCartney is the Journal's city editor. He can be reached at 885-6585, ext. 143, or at: elpatricio aol.comPublished: September 10, 2000Source: Auburn Journal (CA)Copyright: 2000 The Auburn JournalContact: ajournal foothill.netAddress: 1030 High St., Auburn, CA 95603Website: http://www.auburnjournal.com/Related Articles & Web Sites:The Kubby Fileshttp://www.kubby.org/American Medical Marijuana Association http://www.drugsense.org/amma/Kubby Defense Probes Searchhttp://cannabisnews.com/news/thread6975.shtmlKubbys Say Pot Was for Medicinal Use http://cannabisnews.com/news/thread6965.shtmlCannabisNews Search - Kubbyhttp://cannabisnews.com/thcgi/search.pl?K=KubbyCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml 

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Comment #3 posted by kaptinemo on September 11, 2000 at 04:42:38 PT:
The Placer County boys might need new jobs.
And I've got the perfect ones for them.So, the Placer County goons like sifting through people's trash and peeking into their windows? The latter sounds like a psychological problem to me. Perhaps caused by the ingestion of too many doughnuts; after all, if the 'Twinkie defense' can be allowed for homicide, then surely arteriosclerosis caused by too many fried cake rings can be used to excuse such depraved behavior. Sounds like they need professional help.I am sincerely hoping that the Nick/Serra team reams these goofs a brand new cloaca. I will be particularly overjoyed if they are able to cause these staunch defenders of the DrugWar faith to lose their jobs for violating the public trust. Because, with the backgrounds they have acquired in the miscondunct of their profession, they are now admirably suited for a new vocation.Such as sifting recyclables from land-fill bound garbage.
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Comment #2 posted by Dr. Ganj on September 10, 2000 at 23:16:27 PT
Go Kubbys!!
Ed is right! This is a very important trial. I think they will be cleared of all charges, but that takes money for sharp attorneys like Nick & Serra. If you can help in any way, please do! Either send some money, or attend the trial when it resumes.Cheers,Dr. Ganj
http://www.kubby.org/
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Comment #1 posted by Ed Carpenter on September 10, 2000 at 16:42:04 PT:
Kubby Case
This would be a great time for everyone to send a little something to: Kubby Defense Fund.Monarch Bay Plaza, Box 375Dana Point, CA 92629-3424I did, a couple of times. I'm sure every little bit helps.
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