Date: Mon, 19 Jul 1999
Subject: The Trial of Steve & Michele Kubby Begins Tomorrow
The Trial of Steve & Michele Kubby Begins Tomorrow, Tuesday,July 20,
1999! They Need Your Support
DrugSense DrugSense FOCUS Alert # 116, July 19, 1999
On January 19, 1999 Libertarian gubernatorial candidate Steve Kubby
and his wife Michele were arrested in a dramatic day-time raid staged
by a multi agency “task force” representing local law enforcement
agencies from several adjoining counties in Eastern California and
Western Nevada.
It was subsequently learned that the arrest culminated over six months
of extraordinary and invasive surveillance initiated on the basis of
nothing more than an anonymous letter.
The immediate post-arrest treatment of the Kubby’s, their subsequent
ordeal and the decision of Placer County officials to try them on
felony charges of growing Cannabis for sales is generally well covered
by a rich collection of media reports available through links at
http://www.kubby.com/.
This case shapes up as a defining moment, not only for ‘medical
marijuana’ legislation in California, but for the ongoing battle the
federal government is waging to preserve marijuana prohibition as the
engine driving an ever-expanding “war on drugs.” As such, this FOCUS
ALERT is perhaps the most important call to action MAP will issue all
year.
The relatively untold story is that since early 1997, many local law
enforcement agencies in California has been waging an intensive
campaign against medical Cannabis; one characterized not just by their
complete unwillingness to accept the law, but by their willingness to
employ questionable-if not downright illegal efforts to subvert it.
The arrest and subsequent treatment of the Kubby’s illustrates this as
well as any of the less publicized cases. Everyone is urged to
familiarize themselves with the important details of this case and to
inundate appropriate targets with large volumes of mail, e-mail and
faxes demanding media coverage and fair treatment; not only for the
Kubby’s, but for all medical users and growers in California.
To the extent possible, we should also interweave the governor’s
craven refusal to support even the timid recommendations of his
Attorney General and Senator Vasconcellos’ blue ribbon panel.
Listed below are important media e-mail addresses. It should be noted
that Bay Area papers have been conspicuous by their absence from the
list of papers covering the case. Letters to them should be pointed in
asking why they have failed to notice it thus far, despite their
generally good record in covering other pertinent medical Cannabis
developments.
The editorials written by the Orange County Register are a good model
for what all the major dailies should be saying about this case.
Key points: 1) An enormous and intrusive investigation was launched by
an anonymous tip 2) The Kubby’s never made any secret of the fact that
they were growing Cannabis (in compliance with CA law). The sole issue
here is the number of plants. 3) No evidence to support the charge of
sales was introduced at pre-trial hearings. 4) The arrest has been
destructive and potentially harmful; there is unimpeachable medical
opinion that the behavior of the police and prosecutor has already
recklessly endangered Steve’s life; they have exhibited no
acknowledgement of that fact-let alone regret or an apology. 4) They
have also severely injured the Kubby’s financially by retaining their
computer hard drives and essentially forcing them out of business. 5)
Refusal of the law & motion judge to grant (relatively routine)
motions allowing a delay or compelling return of the computer hard
drive before the trial is both unusual and highly suspicious.
(These points-and more- are well covered by an (as usual) excellent
Orange County Register editorial which was just received- and which
I’ve pasted below.
GET BUSY AND WRITE!! KEEP ON WRITING!! WE _ARE_ MAKING A DIFFERENCE!
*
PLEASE SEND US A COPY OF YOUR LETTER OR TELL US WHAT YOU DID ( Letter,
Phone, fax etc.)
Please post a copy your letter or report your action to the MAPTalk
list if you are subscribed, or by E-mailing a copy directly to
[email protected] Your letter will then be forwarded to the list with
so others can learn from your efforts and be motivated to follow suit
This is VERY IMPORTANT as it is the only way we have of gauging our
impact and effectiveness.
CONTACT INFO
Please Copy All Letters to:
[email protected] (Auburn Journal)
[email protected] (Placer Cnty Board)
[email protected] (Placer County Sheriff)
Board of Supervisors
175 Fulweiler Ave., Auburn, CA 95603
Phone: 530-889-4010
Fax: 530-889-4009
E-mail: [email protected]
Placer County Board of Supervisors
* Supervisor Bill Santucci, District 1 (Roseville)
* Supervisor Robert Weygandt, District 2 (Lincoln)
* Supervisor Harriet White, District 3 (Auburn)
* Supervisor Jim Williams, District 4 (Loomis)
* Supervisor Rex Bloomfield, District 5 (Meadow Vista) and
* Placer county Sheriff Bonner
Send Your Letters to Orange County Register: [email protected]
EXTRA CREDIT
Additionally send your letter to any of the papers below you would
like to include: (for best results do NOT BCC: send separate letters
to each address) Major Daily Newspapers
[email protected] (San Francisco Chronicle)
[email protected] (San Francisco Examiner)
[email protected] (Oakland Tribune)
[email protected] (San Jose Mercury-News)
[email protected] (Los Angeles Times)
[email protected] (Sacrmento Bee)
[email protected] (San Diego Union-Tribune)
Weeklies
[email protected] (Sacramento News & Review)
[email protected] (Bay Guardian)
Tahoe Regional Newspapers [email protected] (Auburn Journal)
Smaller Dailies
[email protected] (Bakersfield Californian)
[email protected] (San Mateo Co Times)
Subject: MN: US CA: Editorial: MMJ: The Kubby Case
Newshawk: John W. Black
Pubdate: Mon, 19 July 1999
Source: Orange County Register (CA)
Copyright: 1999 The Orange County Register
Contact: [email protected]
Website: http://www.ocregister.com/
Author: Alan Bock
Note: The Kubby Files are online at http://www.kubby.com/
THE KUBBY CASE
Following a remarkable ruling by Placer County Judge Robert McElheny,
the trial of Steve ana Michele Kubby, two medical marijuana patients,
on charges of cultivating marijuana with intent to sell, just might
get under way this week.
The couple had their home in Tahoe City raided Jan. 19 and all the
plants they were growing, along with their computer, books, numerous
personal possessions and the $200 cash they had in their wallets at
the time, were confiscated.
Steve Kubby, you may recall, was the Libertarian Party candidate for
governor last year and a key proponent of Proposition 215, the
medical-marijuana initiative passed by voters in 1996.
Both Kubby’s are patients with written recommendations from physicians
to use marijuana medicinally – Steve for adrenal cancer and Michele
for irritable bowel syndrome.
The couple, who have been living in Orange County since shortly after
their arrest, had made no secret of the fact that they were growing
marijuana for their own medical use in the basement of a rented home
in Tahoe.
The couple ran an online outdoor sports and adventure magazine and the
computer was the source of the livelihood.
After it was confiscated they had to declare bankruptcy. They had
requested and the court had ordered that the prosecution at least
return the information contained on the computer (including all their
financial records for the last 15 years).
Although the court issued an order early in March, the information
wasn’t furnished (in the form of two CDs) until last week.
Mr. Kubby’s attorney, Dale E. Woods, told us that didn’t give him
enough time to study the contents of the CDs thoroughly enough.
“Mr. Kubby will be cross-examined about individual transactions from
years ago that nobody can be expected to remember in detail,” Mr. Wood
told us. “Getting the records one week before trial is not enough time
to prepare a defense.”
Meantime, based on some of the information on the CD and in details of
some charges, Mr. Kubby is suspicious that somebody might have
tampered with the computer’s hard drive.
His attorneys asked Judge Robert McElheny to order the prosecution to
return the computer to them last week.
He refused to do so. Mr Kubby has challenged the prosecution to return
the computer so an independent expert can check the hard drive for
tampering – or drop the charges. That seems unlikely to happen.
Michele Kubby’s attorney, Joe Farina of Sacramento, told us he has a
delay. He has to handle a court-assigned case in Sacramento the same
day – Tuesday – the Kubby trial is scheduled to begin in Auburn. Under
most circumstances that should be grounds for a routine continuance of
the case. But very little about this case seems to be routine.
It is hard to avoid the suspicion that Placer County prosecutors
brought this case and continue to play hardball essentially to
frustrate the will of the voters and to discourage and harass medical
marijuana patients.
They have decided to re-try a dentist and his wife whose situation was
similar to that of the Kubby’s – physician-certified patients who were
growing their own marijuana in their own home but had “too many”
plants to suit the police – even though they got a hung jury the first
time.
It is high time for police and prosecutors in Placer County and
elsewhere in California to recognize that Prop. 215 – now Section
11362.5 of the Health and Safety Code – is the law in California.
State and local law enforcement agents are not supposed to arrest
physician-certified patients for use or cultivation of marijuana –
period. What federal authorities do might be a different matter, but
state and local officials have an obligation to follow California law.
Will they get the message if a Placer County jury acquits the Kubby’s?
We’ll be following this case closely.
*
SAMPLE LETTER (Sent)
Dear Auburn Journal
I sent the letter and article below to the following people today.
Feel free to print my letter if you like.
=========
Dear: Placer County Board of Supervisors
I suppose I could reiterate what so many others have said so well
about how deplorable you are beginning to look to throughout not only
Placer county but the state and even the nation regarding the
intransigent and inexcusable treatment of Steve and Michele Kubby but
an article in the Orange County Register (below) that went out today
to well over half a million California residents says it all too well.
This is but one of more than 100 news articles that have been
published around the nation on this case (not to mention broadcast
media coverage.)
How on earth people in your position can continue to ignore California
law simply boggles my mind.
I’ll not try to convince you further. You know the facts and you know
you are wrong and it’s not long until the next elections.
I have no respect for those who have no respect for individual
liberty, the Constitution, the law, and what is plainly and obviously
the right thing to do.
How do you sleep at night?
Mark Greer
PO Box 651
Porterville,
CA 93258
800 266-5759
Mark Greer is the Executive Director of DrugSense an Internet based
non profit corporation dedicated to the dissemination of truth and
accuracy on all drug policy related matters. http://www.drugsense.org/