Pubdate: Thu, 26 Oct 2000 Source: Sacramento Bee (CA) Copyright: 2000 The Sacramento Bee Contact: P.O.Box 15779, Sacramento CA 95852 Feedback: http://www.sacbee.com/about_us/sacbeemail.html Website: http://www.sacbee.com/ Forum: http://www.sacbee.com/voices/voices_forum.html Page: B2 Author: Wayne Wilson, staff writer Bookmark: Steve Kubby items: http://www.mapinc.org/kubby.htm Also: http://www.kubby.com/ LAWYERS TO SEEK PROBE 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. - --- MAP posted-by: Eric Ernst