Pubdate: Thu, 26 Oct 2000
Source: Sacramento Bee (CA)
Copyright: 2000 The Sacramento Bee
Contact:  P.O.Box 15779, Sacramento CA 95852
Page: B2
Author: Wayne Wilson, staff writer
Bookmark: Steve Kubby items:


Lawyers for Steve and Michele Kubby said Wednesday they intend to ask the
judge today for a formal investigation into the placement last week of
anti-pot pamphlets in the jury room at the Kubbys' medical marijuana trial
in Auburn.

Attorneys J. Tony Serra and J. David Nick said the literature was a blatant
attempt to turn the jurors against their clients, who are being tried as
conspirators in a scheme to grow and sell pot harvested from indoor gardens
at their home in Olympic Valley.

The Kubbys, who were arrested in 1999 after a raid on their Lake Tahoe
home, say the marijuana was being grown for their own medical purposes.

"That's a secure area back there," Serra said of the jury congregation room
behind Department 10 at the Placer County court complex of the DeWitt
Center. "I can't get back there. The public can't get back there. Other
than the jurors, only law enforcement can get in that room," Serra said.

Two of the jurors told Superior Court Judge John L. Cosgrove they had
noticed the documents but had read little of the text and had not been
prejudiced by it.

The trial continues today.
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