Pubdate: Thu, 21 Dec 2000
Source: Auburn Journal (CA)
Copyright: 2000 Auburn Journal
Contact:  1030 High St., Auburn, CA 95603
Author: Gus Thomson, Journal Staff Writer
Bookmark: (Kubby, Steve)


Confident of Steven and Michele Kubby's potential acquittal on
marijuana-possession-for-sale charges, defense attorney J. David Nick
said Wednesday he'll press for continued deliberations when an
apparently deadlocked jury returns today in Auburn.

Nick said he believes one juror is opposing acquittal of the

The eight-woman, four-man Placer County Superior Court panel began
deliberations Friday and has now spent four, 6 hour sessions
behind closed doors.

Nick said he was shown a note from the jury to the judge Wednesday
indicating an 11-1 split on most charges. Given jury body language and
other clues since deliberations began, Nick said he believes the lone
holdout favors conviction on some of the charges against the Kubbys.

The note from the jury was viewed in judge's chambers and didn't
indicate whether the 11-1 votes were for conviction or acquittal, Nick
said. But one of the vote totals showed a 12-0 vote -- on a charge
against Michele Kubby of possession of a magic mushroom stem, Nick
said. The same charge against Steve Kubby was 11-1, he said. Nick, who
represents Michele Kubby, said there was "absolutely no evidence"
indicating his client knew anything about the presence of the mushroom
in the couple's home.

"I can't imagine one holdout for acquittal," Nick said. "The
prosecution had a weak case to begin with."

The Kubbys were arrested on several drug-related charges after a
January 1999 raid on their Olympic Valley home netted 265 pot plants
at various stages of growth. Both had recommendations from doctors
allowing them to use and grow cannabis for medicinal purposes under
Proposition 215. The prosecution contends the yield from the plants
was more than the Kubbys could use and any excess was being sold to
Bay Area cannabis buyers clubs.

The jury is to return to court this morning to continue deliberations.
Nick said he felt that releasing the contents of the jury's note was
allowable because it would become part of the public record for the

Steven Kubby ran as Libertarian Party candidate for governor in 1998.
Two years earlier, he was a key to securing funding that helped put
Prop. 215 on the ballot. Adopted by voters in 1996, the Compassionate
Use Act allows people with doctors' recommendations to grow and use
medical marijuana. 
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