cannabisnews.com: Pair Claims Win in Pot Case Mistrial





Pair Claims Win in Pot Case Mistrial
Posted by FoM on December 22, 2000 at 09:33:11 PT
By Wayne Wilson, Bee Staff Writer 
Source: Sacramento Bee
Medical marijuana advocates claimed victory Thursday when a Placer County jury deadlocked at 11-1 for acquittal on all five pot counts at the trial of Steve and Michele Kubby.But the movement's standard-bearer didn't escape unscathed: Steve Kubby was convicted of possessing two illegal substances found during the January 1999 search of his home.
"We won on the important stuff," a smiling Kubby said after a panel of eight women and four men deadlocked one vote shy of acquittal on all five marijuana counts.Kubby, 53, and his wife, Michele, 34, thanked and even hugged some of the jurors as they left the building following three months of trial and four full days of deliberation.It was a bittersweet moment for Michele Kubby, who was found not guilty on the same two felonies that snared her husband: Possession of a psychedelic mushroom stem and possession of mescaline (peyote buttons).Theoretically, Kubby could be sentenced to up to three years in state prison on each of the two felonies returned by the jury.But because the amount of incidental drugs found in the marijuana raid was so small, a grant of probation is possible.The Kubbys were directed to return to court Feb. 2 -- Steve Kubby for sentencing, both to learn if they will face a second trial on the mistried marijuana counts.Prosecutor Christopher M. Cattran said after the verdicts were read that his office hasn't decided if it will pursue the matter."We're going to evaluate it and make a determination," Cattran said. Commenting on the verdicts, Cattran said, "The jury has spoken. We'll take it from there."J. Tony Serra, the legendary San Francisco attorney who represented Steve Kubby free of charge, said he does not believe Placer County will retry the case."It would be an extraordinary waste of resources," Serra said. "They could never win."Serra said if it hadn't been for "an unreasonable, dissident voice" on the jury, "we would have had a complete victory."J. David Nick, Michele Kubby's lawyer, said the jury tried "to wrap a Christmas present for the Kubbys, but somebody (was) standing in the way."One juror said the holdout vote for guilt was steadfast from the start of deliberations last Friday."She had a very definite thought on the (medical marijuana) program," the juror said."She said, 'No, I will not change my mind.' And we all decided that no is no."Steve Kubby said the jury's vote of 11-1 accomplished one thing: It set a reasonable standard for law enforcement to follow in deciding how many plants are too many in a medical marijuana grow."Eleven jurors thought the Oakland guideline (144 plants in three stages of growth) makes sense," Kubby said.It is "based on real science, real medicine and, in fact, what the government gives its medical marijuana patients," Kubby stated.If counties statewide were to adopt the Oakland standard, "it would provide a bright line for police and a real guideline for patients to protect them as well," he said.Although voters approved the cultivation and use of marijuana by seriously ill Californians with Proposition 215, the Compassionate Use Act, the 1996 law is vague and has been applied differently in counties throughout California.Kubby has been at the forefront of the medical marijuana movement since the mid-1990s, when he helped secure the passage of Proposition 215.He carried that banner into the 1998 political campaign as the Libertarian party's candidate for governor, openly acknowledging that he has used marijuana since the late '70s to control a most-often fatal form of adrenal cancer, pheochromocytoma.According to his medical records and testimony at trial, Kubby turned to pot after four surgeries, radiation, chemotherapy and other medical interventions failed to relieve the symptoms that threatened to kill him.Tumors sitting at the base of his heart produced blinding headaches, skyrocketing blood pressure, heavy beating of the heart, vomiting, trembling, and nightly episodes of profuse sweating, his attorney told the jury.When he began growing his own "medicine" in his rented home in Olympic Valley, Kubby feared a police raid and placed notices that led with: "Attention Law Enforcement ... " in his garbage.His fears were well-founded.An anonymous letter originally sent to the El Dorado County Sheriff's Department was turned over to Placer County and an investigation was launched.On Jan. 19, 1999, agents of the North Lake Tahoe Narcotics Task Force served a search warrant at their residence on Sandy Way.Of the 265 marijuana plants found in the Kubby home, 107 were fully budded females standing 3 to 4 feet tall. More than 70 plants being started in a bathroom shower stall were seedlings 1 to 3 inches long. The rest were in various stages of growth.Prosecution witnesses, each with law enforcement backgrounds, contended that the ready-to-harvest plants would keep both Kubbys in marijuana for more than three years.But defense experts testified that the only scientific studies conducted by the government demonstrated that a much smaller yield would result.Even if Thursday's jury decisions mark the end of the Kubby prosecution, "It doesn't end with this case," Kubby said. "It ends when Placer County stops arresting and jailing sick people and destroying their medicine." Source: Sacramento Bee (CA)Author: Wayne Wilson, Bee Staff Writer Published: December 22, 2000Copyright: 2000 The Sacramento BeeAddress: P.O.Box 15779, Sacramento, CA 95852Contact: opinion sacbee.comWebsite: http://www.sacbee.com/Forum: http://www.sacbee.com/voices/voices_forum.htmlFeedback: http://www.sacbee.com/about_us/sacbeemail.htmlRelated Articles & Web Sites:The Kubby Fileshttp://www.kubby.org/With Jurors Deadlocked 11-1, Mistrial Declared http://cannabisnews.com/news/thread8090.shtmlKubby Verdict Mixed Blessing but Drug War Goes Onhttp://cannabisnews.com/news/thread8086.shtmlLibertarian Candidate for Governor Convictedhttp://cannabisnews.com/news/thread8085.shtmlCannabisNews Articles - Steve Kubbyhttp://cannabisnews.com/thcgi/search.pl?K=kubby 
END SNIP -->
Snipped
Home Comment Email Register Recent Comments Help




Comment #3 posted by FoM on February 04, 2001 at 17:56:12 PT:
News Brief
Sentencing Delayed on Kubby Drug Possession Counts Source: Auburn Journal (CA)Author: Gus Thomson, Journal Staff WriterPublished: February 4, 2001Copyright: 2001 Auburn JournalAddress: 1030 High St., Auburn, CA 95603Contact: ajournal foothill.netWebsite: http://www.auburnjournal.com/The sentencing of former Libertarian Party gubernatorial candidate Steve Kubby on two felony drug possession counts was postponed Friday until March 2.A mistrial was declared in December after a Placer County Superior Court jury couldn't decide whether he was guilty of marijuana possession for sale charges. But Kubby was convicted of felony possession of peyote buttons and a magic mushroom stem.The sentencing before Judge John Cosgrove was postponed after defense attorney Tony Sera said he would be unable to attend the hearing Friday.CannabisNews Articles - Steve Kubbyhttp://cannabisnews.com/thcgi/search.pl?K=kubby 
[ Post Comment ]


Comment #2 posted by anonymous on December 23, 2000 at 18:23:42 PT
Not a slam-dunk.
This was not the slam-dunk I was hoping for. Steve still winds up a convicted felon, for possesion of fractional doses of psychedelics.Slapping him with felony charges for the mushroom fragment and the peyote button was piling on, pure and simple. Does anyone know if the defense presented any evidence about what fraction of an effective dose the State seized?
[ Post Comment ]


Comment #1 posted by Ethan Russo, MD on December 22, 2000 at 12:29:43 PT:
At What Cost?
"Prosecutor Christopher M. Cattran said after the verdicts were read that his office hasn't decided if it will pursue the matter."How much of the taxpayers' money did they squander already on this showboating trial? I hope that local people will vocally oppose reopening this sorry chapter in American jurisprudence, if that is not a contradiction in terms. 
[ Post Comment ]


Post Comment


Name: Optional Password: 
E-Mail: 
Subject: 
Comment: [Please refrain from using profanity in your message]
Link URL: 
Link Title: