cannabisnews.com: New Lawyer, New Strategy for Kubby










  New Lawyer, New Strategy for Kubby

Posted by CN Staff on February 16, 2006 at 08:04:46 PT
By Penne Usher, Journal Staff Writer 
Source: Auburn Journal  

California -- A new legal team representing medical marijuana activist Steve Kubby appeared in an Auburn courtroom Wednesday requesting their client's case be heard by Judge John Cosgrove.Cosgrove presided over the original jury trial in which Kubby, 59, was sentenced in 2000 to 120 days jail time for possession of psilocybin and mescaline.
"What I want to do for Steve is have the case sent back to Cosgrove for a complete felony sentencing to occur," said Kubby's new attorney David Nick in a telephone interview. Nick did not appear in court, instead sending a representative.Nick said that during the original case Cosgrove reduced the psilocybin charge to a misdemeanor."Cosgrove agreed with me on the motion and sentenced (Kubby) to 12 days. We believe the sentence was an act of judicial balancing."Kubby faced a jury trial in which he was convicted of possession of psilocybin and mescaline and sentenced as a felon by Cosgrove.Chris Cattran, deputy district attorney prosecuting the case, said Cosgrove's decision was appealed and the appellate court agreed with the prosecution and reinstated the charge as a felony."(Kubby) doesn't have to be re-sentenced," Cattran told the court Wednesday. "We're here on a violation of probation."Judge Robert McElhaney told the defense Wednesday that Cosgrove has since retired and the matter will be revisited at 8:30 a.m. Friday in Dept. 13 of Placer County Superior Court.Kubby was allowed to leave Placer County to visit Canada and avoided incarceration in 2000 by not returning as ordered. He was arrested on a no-bail warrant last month and transferred to Placer County Jail where he remains.About 20 medical marijuana activists filled the Auburn courtroom Wednesday to show their support for Kubby who looked tan and appeared to have regained some of his weight.Wearing an orange jail-issued jumpsuit the one-time gubernatorial candidate and co-author of Prop. 215, California's Compassionate Use Act, looked appreciatively around the court at the throng of supporters.Several spectators waived to Kubby and blew kisses in his direction as they left the courtroom, to the admonishment of the bailiffs.Members of the Compassionate Coalition.org, Hemp Evolution and other medical marijuana advocates held signs in front of the jail Wednesday that read "Healing is not a crime, free Steve Kubby, Don't jail the Ill," and "Stop terrorizing patients."Kubby contends he must have marijuana daily in order to survive and stave off the affects of a rare form of adrenal cancer. He credits a Canadian doctor who agrees with him, but a department chairman and UC Davis cancer specialist has said there is no scientific evidence to Kubby's claim that marijuana is keeping him alive.Kubby is scheduled to appear at 8:30 a.m. Friday in Dept. 13 of Placer County Superior Court.Michele Kubby was not in the courtroom for Wednesday's appearance and could not be reached for comment.The Kubby family had been seeking to stay in Canada, however, the Canadian Border Services rejected the family's bid for protection Dec. 9 and ordered them out of the country.Note: Judge switch requested for medical pot advocate.Source: Auburn Journal (CA)Author: Penne Usher, Journal Staff WriterPublished: Thursday, February 16, 2006Copyright: 2006 Auburn JournalContact: ajournal foothill.netWebsite: http://www.auburnjournal.com/Related Articles & Web Site:The Kubby Chronicleshttp://www.kubby.org/Jailed Medipot Activist Withdraws Request http://cannabisnews.com/news/thread21567.shtmlKubby No Longer Seeking To Use Marijuana http://cannabisnews.com/news/thread21562.shtmlIs Kubby's Fight About Medical Marijuana?http://cannabisnews.com/news/thread21553.shtml

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Comment #13 posted by FoM on March 05, 2006 at 07:24:37 PT
Update on Steve Kubby
No Resentencing for Medipot Advocate***By Penne Usher, Journal Staff WriterSunday, March 5, 2006 
A motion by the attorney for jailed medical marijuana activist Steve Kubby to modify his sentence and the conditions of his probation was denied Friday in an Auburn courtroom.J. David Nick, Kubby's San Francisco attorney, had requested that the court allow Kubby a re-sentencing hearing stating that his client was never sentenced as a felon.Superior Court Judge John Cosgrove disagreed."The defendant has been sentenced ... I don't see that Mr. Kubby is eligible to another sentencing," Cosgrove said Friday. "Request denied."Additionally, Cosgrove declined to modify Kubby's terms of probation to allow for alternatives to incarceration, such as house arrest.Kubby, 59, faced a jury trial in which he was convicted of possession of psilocybin and mescaline and sentenced as a felon by Cosgrove. He was to serve 120 days in jail following the 2000 sentencing.
 
Kubby was allowed to leave Placer County to visit Canada and avoided incarceration in 2000 by not returning as ordered. He was arrested on a no-bail warrant in January and transferred to Placer County Jail where he remains.Nick told the court Friday that jailing Kubby was nothing more than a "political witch-hunt" and there is no justification for incarcerating his client.Kubby is currently in Placer County Jail serving the original 120-day sentence, which is expected to end sometime in late April or early May depending on credits earned for good behavior.New violation of probation charges could be filed by the District Attorney's Office.Wearing an orange jail-issued jumpsuit the one-time gubernatorial candidate and co-author of Proposition 215, California's Compassionate Use Act, sat quietly with his back to the audience, which was comprised mainly of about 10 supporters.Kubby contends he must have marijuana daily in order to survive and stave off the affects of a rare form of adrenal cancer. He credits a Canadian doctor who agrees with him, but a department chairman and UC Davis cancer specialist has said there is no scientific evidence to Kubby's claim that marijuana is keeping him alive.Kubby is currently receiving Marinol, a synthetic form of tetrahydrocannabinol, or THC, the active ingredient in marijuana.Kubby's wife, Michele, was not in the courtroom for Friday's appearance and could not be reached for comment.The Kubby family had been seeking to stay in Canada, however, the Canadian Border Services rejected the family's bid for protection Dec. 9 and ordered them out of the country.A pretrial conference is scheduled for 8:30 a.m. March 14 in Dept. 13 of Placer County Superior Court.The Journal's Penne Usher can be reached at penneu goldcountrymedia.com.Copyright: 2006 Gold Country Mediahttp://www.auburnjournal.com/articles/2006/03/05/news/top_stories/07kubby.txt
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Comment #12 posted by FoM on March 03, 2006 at 14:32:42 PT
Update on Steve Kubby
Judge Turns Down Bid from Medical Marijuana ActivistBy Art Campos Friday, March 3, 2006Medical marijuana activist Steven Wynn Kubby failed Friday to persuade a Placer County judge to consider scheduling a hearing to modify his 120-jail sentence for a drug conviction in 2000.Kubby's attorney, J. David Nick of San Francisco, had asked the judge to revisit Kubby's sentencing because Kubby was in Canada in 2003 when an appeals court reinstated the misdemeanor drug conviction to a felony. Nick contended that Kubby has never been properly sentenced on the felony and that the judge has the authority to reduce Kubby's jail term. However, Superior Court Judge John Cosgrove agreed with the prosecution's argument that sentencing for Kubby had been appropriately carried out when it was imposed in 2001."I don't see why Mr. Kubby wants another sentencing just because he absconded (to Canada)," Cosgrove said.Kubby moved to Canada in 2001 before serving his jail time, contending he would die behind bars if not allowed to treat his adrenal cancer with marijuana. Kubby was deported from Canada on Jan. 26 and was arrested by authorities when his airplane landed in San Francisco.He began serving his 120-day sentence in the Placer County jail the following day.
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Comment #11 posted by FoM on February 26, 2006 at 06:40:27 PT
Update on Steve Kubby
Jailed Cancer Survivor Loses 25 Pounds in Three Weeks ***By Vin Suprynowicz February 26, 2006Steve Kubby, 59, the 1998 Libertarian candidate for governor of California, was a leading force behind the passage of the 1996 referendum which legalized medical marijuana there. But it was after voters approved Proposition 215 that California police broke into Kubby's Lake Tahoe home, busting him and his wife Michele for growing what they contended was "too much" marijuana.(Kubby asked them not to frighten his young daughter by breaking into his home with guns drawn -- saying he'd gladly show them his marijuana plants at any time. He tells me he sent this message to police by placing a note in his trash can, knowing the cops were going so far as to routinely rifle his trash in search of "evidence" of his "crime." Prosecutors duly introduced the note at his trial.)  
After Kubby -- a long-time survivor of a cancer of the adrenal gland that doctors say should have killed him years ago -- explained why he needed to maintain more than 200 plants in various stages of growth at his Lake Tahoe home to successfully breed the strains which keep his adrenalin levels below toxic levels, his California jury in 2001 acquitted him -- on a vote of 11-1 -- on all five charges relating to their marijuana cultivation. They did, however, convict Kubby on a minor related charge after police found a dried-up hallucinogenic mushroom stem or cactus button (police were never sure which) in a drawer in a guest bedroom of the house. The Kubbys say they don't know whether the dried-out vegetable fragments were left behind by house guests or planted by police, who apparently changed the identification and labeling of the exhibit several times.Kubby's jury was purposely screened to eliminate Libertarians, pot users or those in favor of re-legalization, violating the vital safeguard of the randomly selected jury. Then, needless to say, rather than instructing the jurors as to their irreversible power to decide that this law and its application were wacky, the trial judge told them they had no choice but to enforce the law. A cancer survivor who has received medical advice that he could die if incarcerated as long as four days without his quasi-legal medication, Kubby fled to Canada rather than submit to a court-ordered 117-day California jail sentence on the dried-up vegetable charge. Former California Attorney General Bill Lockyer, whom Kubby describes as having been "made to look ridiculous" in a 1998 debate with the Libertarian candidate, apparently took on the Kubby case as a personal vendetta, labeling Kubby a "fugitive" and successfully lobbying Canadian authorities to send him back to "face his punishment" -- which Kubby's wife Michele and at least one physician involved in the case believe may prove a death sentence.(Placed in isolation without adequate blankets in the chilly Placer County jail in the foothills of the Sierras, Kubby won't be allowed to use the medical marijuana which has kept him alive for years -- even though Canadian authorities scoffed at the notion that returning to America could endanger Kubby's health.) Steve Kubby was deported from Canada on Jan. 26, arrested immediately upon the arrival of his plane at San Francisco International Airport that night, and transported back to Auburn, Calif. On Feb. 15, the court was informed that San Francisco defense attorney J. David Nick has agreed to represent Kubby, who has asked to be re-sentenced as a felon by Judge John L. Cosgrove, the original trial judge. A felony sentencing hearing will provide Kubby with certain rights not available to him under misdemeanor sentencing rules.At a re-sentencing hearing scheduled for March 3, Nick is expected to argue that Kubby should be sentenced to probation.Michele Kubby has expressed her gratitude to Dr. Tod Mikuriya, her husband's physician in California, who has written a prescription for Marinol, a synthetic form of one of the active alkaloids in marijuana -- THC.Mrs. Kubby adds, "Dr. Mikuriya is also under attack, as is anyone involved with marijuana. Currently he is facing persecution by the Medical Board of California for bravely recommending cannabis to a wide variety of patients. He is facing a fine of over $75,000 for his brave stand. Without Dr. Mikuriya's support, Steve would not be alive today. He made sure that Steve had Marinol when he checked into the Placer County jail having a hypertensive blood pressure attack."Jail authorities refuse to pay for Kubby's Marinol -- he receives only such supplies as his family can afford to buy for him.On their Web site, www.kubby.com, Michele Kubby reports that between Jan. 26 and Feb. 20 Steve "has lost 25 pounds and has had blood pressure problems due to the poor diet he is being fed. He also has had shingles for three weeks, indicating that his immune system is failing. ... We are gathering information about the importance of diet and cancer because we are hoping to educate the jail about the danger they are putting Steve in with their poor food quality. So far, the jail has been very stubborn about offering Steve food that will nourish his body's particular needs."Last year, Michelle told me, "When we first went to court, we were confident that The Compassionate Use Act (Prop 215) and the Bill of Rights protected us. To our horror we found that the law we helped pass in 1996 didn't matter. ..."The reality is that everything they taught us about our rights in their government schools is a lie. The Democratic system of checks and balances, so nicely outlined on the blackboard, no longer exists. Even the people's right to throw out bad laws handed down by the Legislature has been officially outlawed by the California Supreme Court."Welcome to the Drug War, where ... police can invade your home ... peek through your windows, go through your garbage, and even listen through your walls. Before you know it, you'll be facing a jury where Libertarians and people who used marijuana or advocate its re-legalization are banned" -- a precise description of the jury that tried Steve Kubby, of course. Donations to the Kubby Defense Fund can be addressed to 1135 Terminal Way, Suite 106, Reno, NV 89502.Vin Suprynowicz is the Review-Journal's assistant editorial page editor.Copyright: 2006 Las Vegas Review-Journal http://www.reviewjournal.com/lvrj_home/2006/Feb-26-Sun-2006/opinion/6056559.html
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Comment #10 posted by FoM on February 24, 2006 at 07:26:57 PT
Update on Steve Kubby
Marijuana Advocate Gets New Legal Team *** 
Kara Fox, Bonanza News ServiceFebruary 24, 2006 Steve Kubby, the medical marijuana advocate and former Squaw Valley resident currently incarcerated in Auburn, has hired a new legal team that has requested their client's case be heard by Judge John Cosgrove, who sentenced Kubby in 2000 to 120 days in jail for possession of psilocybin and mescaline."Kubby is asserting his right to be re-sentenced as a felon by Judge John L. Cosgrove, the original trial judge," Kubby's wife, Michele Kubby, stated in a release posted on http://www.kubby.com "A felony sentencing hearing provides Kubby with new rights not available to him under misdemeanor sentencing rules."Neither Kubby's new lawyer, David Nick, or Placer County Deputy District Attorney Chris Cattran were available for comment Tuesday.Kubby is scheduled for another hearing March 3 at 8:30 a.m. in Auburn.Kubby, who ran for governor as a libertarian in 1998 and was co-author of Prop. 215, California's Compassionate Use Act, maintains that he needs medical marijuana to fight his adrenal cancer. He is currently taking Marinol, a pharmaceutical form of synthetic THC, which his wife has said is temporarily controlling his high blood pressure.Copyright: 2006 tahoebonanza.comhttp://www.tahoebonanza.com/article/20060224/Region/102240004
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Comment #9 posted by Hope on February 16, 2006 at 22:59:49 PT
Herbdoc215
you amaze me. Be careful.
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Comment #8 posted by herbdoc215 on February 16, 2006 at 19:24:44 PT
Hi all, been busy working on Jerry's and my case
We're still waiting to hear from 2 more lawyers but it's proving difficult as hell with those who have reviewed the paperwork so far as the DA deliberately skewered the plea deal as bad as it could be as just about every attack was waved, even lack of effective counsel...I just can't imagine what that public pretender was smoking...but there is more than one way to skin a cat??? Plus the fund for getting Jerry's family to him was also my first thought and also for us to push feds for meds to be given to Jerry are both options as well as bringing public attention to the injustices of this case were all points I brought up to Mrs. Runruff not long ago in a discussion but I told her it was all her call and I'm awaiting instructions from her on how they want to proceed with that end. If this is what passes for justice these days I fear we are all in for a rough ride. 
Plus I just got the news yesterday that after 2 years of raids with no search warrents and untold thousands of dollars worth of our possessions stolen by HumCo sheriff's office that they GAVE my research and all science equipment as well as a 5 gallon bucket of my seeds to El Sohy at UMISS in 2000 so there NEVER was any evidense against me or intentions of charging me...not to mention all I'm getting back out of all my stuff is the proverbial bent roach clip...those bastards will rot in hell for stealing 7 years of my lifes work I hope....all those hours of work and pages of notes! I am talking to lawyers myself these days and am fixing to do me some suing and I am also seeing how this was all just a big fat local set-up job by both sides of the "canna-biz" in HumCo and the crooked shit they are pulling on sick folks...funny how shit always comes out in the wash,eh? 
I bet the last thing the pigs want is me and Lucy with Humboldt Research Institute open again, except this time I'd keep my butt in Arcata with my own kind:)...our biz license is still good! Peace, Steve Tuck
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Comment #7 posted by Hope on February 16, 2006 at 15:18:50 PT
Even if Kubby wasn't sick....
it's wrong to treat the man and his loved ones like this. He's a grown man. I cannot understand why this sort of injustice goes on and on.The laws are unjust, people. Bold men like Steve Kubby, Ed Rosenthal, our own Steven Tuck and Jerry Sisson, are being persecuted unjustly. Stop it! It must be stopped as soon as possible.Faster than that.The law is UNJUST! WAKE UP!
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Comment #6 posted by FoM on February 16, 2006 at 13:57:37 PT

News Article from Snipped Source
Editorial: Legalize Medical Marijuana***February 16, 2006 
 
Illinois lawmakers have an opportunity again this session to do the right thing for people suffering from terminal illness or chronic pain who get some relief from the use of medical marijuana.Senate Bill 2568 would allow the use of marijuana under certain conditions and with a doctor’s supervision. Eleven states already have laws allowing prescription marijuana for patients who suffer from AIDS, cancer and other debilitating diseases.Under the proposed Medical Cannabis Act, patients who have been diagnosed by physicians as having debilitating diseases could legally possess up to 12 marijuana plants or two and one-half ounces of usable marijuana. The patient or the patient’s primary caregiver would have to obtain a registry identification card from the Illinois Department of Public Health to legally possess or obtain the marijuana.The law would prevent the person who possesses a valid registry card from being arrested or prosecuted for having marijuana.The situation is complicated, of course, by a U.S. Supreme Court ruling last year that said federal authorities could prosecute medical marijuana users for violating federal drug laws.Snipped:Complete Article: http://www.rrstar.com/apps/pbcs.dll/article?AID=2006102160006
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Comment #5 posted by FoM on February 16, 2006 at 12:10:30 PT

Related Article from Snipped Source
Kubby Back in Court With New Attorney for Medical Pot Battle***By Dirk Werkman -- Bee Staff Writer Thursday, February 16, 2006Story appeared in Metro section, Page B3Steven Wynn Kubby, involved in a long-running battle to use medical marijuana to treat his adrenal cancer, was back in a Placer County courtroom Wednesday with a new attorney and hints of a new legal strategy.An attorney representing Kubby said he could have had additional rights if he had been sentenced for a felony instead of a misdemeanor when he was convicted in 2000 of possessing the drug mescaline.The attorney, E. D. Lerman of Mendocino, said another attorney who will be taking over Kubby's case would spell out those rights at a future hearing. When Kubby was convicted in 2000, he was sentenced under a law known as a "wobbler," meaning he could receive either a felony or a misdemeanor sentence.
Judge John L. Cosgrove of Placer County ruled in 2001 that Kubby's sentence should be for a misdemeanor. But the 3rd District Court of Appeal ruled in 2003 that the sentence should be for a felony.In 2001, Kubby moved to Canada so he could continue taking marijuana for his cancer, temporarily rendering the sentencing issues moot.Snipped:Complete Article: http://www.sacbee.com/content/news/courts_legal/story/14195066p-15021721c.html
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Comment #4 posted by FoM on February 16, 2006 at 08:59:34 PT

Toker00 
If Linda wants to go see Jerry we should do our best to make it possible. What I hope above all things is that he gets released soon. If NORML is helping maybe he will get his sentence reduced. I sure hope so.
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Comment #3 posted by Toker00 on February 16, 2006 at 08:52:33 PT

There is one way, FoM.
We could donate the funds for a trip. Just send the money to her. When she gets time off from their business, she could go. Mrs. Sisson, do you get time off much from your business? I have generous time off at work and might even meet someone else there who has time to visit with Jerry. Just a thought.Wage peace on war. END CANNABIS PROHBITION NOW!
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Comment #2 posted by Hope on February 16, 2006 at 08:52:21 PT

A powerful, hopefully, OpEd
http://www.mapinc.org/drugnews/v06/n201/a02.html?397
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Comment #1 posted by FoM on February 16, 2006 at 08:12:24 PT

Good Luck Steve and Michele
This whole case is tragic to me. Hopefully they won't charge Steve with anything else and maybe he will get out sooner then 120 days. I also am very concerned for Jerry. I hope and pray that he won't have to serve two years. Jerry has serious health issues and he needs to be home with his wife. He shouldn't be on the other side of the USA. The isolation really bothers me. How can his wife visit him when they live in Oregon and he is jailed in a federal hospital in Massachusetts?
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