Kubby Case Begins in California!

Kubby Case Begins in California!
Posted by FoM on August 06, 1999 at 08:15:46 PT
NORML Weekly Update News
Source: NORML
Aug. 5, 1999 Auburn, CA: Pre-trial motions and jury selection began this week for the trial of noted medical marijuana activist Steven Kubby and his wife Michele at the DeWitt Center Courthouse. 
The two pled innocent to felony charges of growing and selling marijuana in January after their Olympic Valley home was raided following a six-month investigation by a drug task force in which 360 marijuana plants were seized.   Steven Kubby, last year’s Libertarian gubernatorial candidate in California, said the growing of the plants is legal under California’s Proposition 215. He has had adrenal cancer since 1975 and Michele has an intestinal disorder.   “Every aspect of our garden was documented and in compliance with the Compassionate Use Act of 1996 that the voters in this state approved overwhelmingly,” said Steven Kubby. “Michele and I broke no laws and should have been protected under the law. Instead we are witness to how thelegal rights of seriously ill people are routinely violated.”   “The Kubby case is an important test of the protections provided by Proposition 215,” said NORML Executive Director R. Keith Stroup, Esq. “If Steve and Michele are not protected, then no patients can feel safe from prosecution.”   For more information, please contact Keith Stroup of NORML   (202)483-5500 or Dale Wood, Attorney at Law   (530)587-3450. Trial Begins - 8/04/99
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Comment #1 posted by FoM on August 06, 1999 at 10:22:35 PT:
Kubby Trial Update August 6, 1999
Jury selection began today. The panel had earlier been culled of "hardship" cases, and it was thought that a jury could be seated today. Not to be. An almost unheard of 30 jurors were eliminated for cause today, the norm being maybe four or five. One ex-LE type got almost apoplectic at the reading of the charges alone (the 19 charges make the Kubbys look like real bad guys for a fact), and one prospective juror made a strong statement against prosecuting anyone for drug crimes. Both jurors were excusedJury selection will resume next Tuesday at 1:30pm. Dale Wood has identified one apparent prosecution strategy; putting the doctors on trial by questioning whether the patient should have been allowed a recommendation to use marijuana in the first place. This is a really slimy trick, as it shifts attention away from the defendants. If the prosecution can make some jurors believe the Kubbys shouldn't have been allowed access to marijuana, that might translate into guilt in the jurors mind. Remember, most of these jurors will be looking for reasons to believe the prosecution. Yet with the prosecution opening this door, it may permit the defense to introduce reams of evidence about the efficacy of medical cannabis and even the federal report recommending change in the drug's regulation. Something really interesting came out in court today through one of the prospective jurors who was being questioned. It seems the prosecution in Placer County has been pulling DMV checks and arrest record checks on the jury pools for criminal trials. Not only that, but they then don't share the information with the defense. The prosecution denied using any of these juror-intimidating tactics for "this case." The stress of the trial is already taking its toll on both Kubbys. The trial is into its third week and the jury hasn't even been seated yet. Michele experienced some cervical pain today and will be examined by a doctor tomorrow. Steve is losing weight. The problem is the lack of a private place in which to relax. No consideration was given by the prosecution to the Kubbys medical condition, and no special arrangements were made to accommodate them. I guess they don't know Steve is lucky just to be alive. This trial appears to have been blessed with a fair judge, so the Kubbys want to press on with the trial, but won't risk Michele's health. The courthouse is a 90 minute drive from the Kubby lodgings. The prosecution has nice courthouse quarters to relax in, but the defense has to hang out in hallways and courtyards with few places to sit and none to lie down, even for a few minutes. The trial is into its third week and the jury hasn't even been seated yet. Steve and Michele both have increased respect for defense attorneys. One reason trial costs are so high is because of delays by the court. Attorneys get paid by the hour for all those days of hurrying up and then waiting around. There are a host of witnesses that are in danger of not being able to testify because of all the delays by prosecution so far. Art Sobey THE KUBBY FILES- Monarch Bay Plaza #375 Dana Point, Ca 92629 DON'T GET LEFT OUT OF THE LOOP: Subscribe: Kubby-Announce-on Unsubscribe: Kubby-Announce-off 
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