Pubdate: Fri, 05 May 2000
Source: Auburn Journal (CA)
Copyright: 2000 Auburn Journal
Contact:  1030 High St., Auburn, CA 95603
Author: Jessica R. Towhey, Journal Staff Writer
Cited: Steve and Michele Kubby:
Bookmark: MAP's link to over a hundred articles about the Kubby case:


A fifth judge approved another delay Thursday in the medical marijuana
trial of former Libertarian gubernatorial candidate Steven Kubby and
his wife, Michele Kubby. The continuance will set the case back
another two months.

Judge John L. Cosgrove, who took over the case earlier this week from
Judge James Roeder, agreed with defense attorneys Carolyn Hagin and J.
David Nick that more time was needed to decipher the mountains of
prosecution evidence in the case.

"Give me two months and I will be here and I will try this case,
barring some catastrophe," said Nick, who signed on Monday morning to
represent Michele Kubby.

Hagin, an associate in the San Francisco firm of J. Tony Serra that
will represent Steven Kubby, said defense attorneys intend to file
several motions the previous defense attorneys did not file, including
suppression of evidence.

Prosecutors remained steadfast in their opposition to yet another
delay in a trial that once was slated to begin in July 1999.

"There's a point with every case where it finally has to be tried,"
Supervising Deputy District Attorney Gene Gini said afterward about a
case that has bounced around the county court system for more than 18

On Jan. 19, 1999, the Placer County Sheriff's Office raided the
Kubby's Olympic Valley home and confiscated 265 marijuana plants in
various stages of growth, the couple's computerized financial records
and computer hardware.

When the case was first scheduled to begin in July, however, Michele
Kubby developed complications during pregnancy and the case was put
off until February. Roeder - the third judge to be bounced off the
case by preemptory strikes - allowed the Kubbys to fire their
attorneys in early March.

But when the two sides appeared before Roeder Monday, Michele Kubby
was without representation, having been unable to reach a financial
agreement with attorney Eric Berg.

"As time goes on memories fade," said Deputy District Attorney Chris
Cattran, echoing a statement Roeder made Monday. "That, I'm sure, will
be exploited. People make mistakes  they forget things."

Outside the courtroom, the Kubbys expressed frustration at the delay
but said it was necessary so their attorneys could prepare for a trial
that they hope will challenge Placer County law enforcement agent's
opposition to the Compassionate Use Act of 1996 - passed by state
voters as Proposition 215.

"We have wanted to go (to trial)," Steven Kubby said. "We are ready to
go and we have the right judge."

The trial - barring any more setbacks - will begin August 15th at 8:30
a.m. in Cosgrove's courtroom in Department 10 at the DeWitt Center.
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MAP posted-by: Richard Lake