Pubdate: Mon, 26 Jul 1999
Source: Auburn Journal
Copyright: 1999 Auburn Journal
Contact:  1030 High St., Auburn, CA 95603
Author: Jessica R. Towhey, Journal Staff Writer


Superior Court Judge Larry D. Gaddis postponed setting a date for the trial
of Michele and Steven Kubby Monday due to a packed court calendar.

"Sorry for the hold up, again, folks," Gaddis said as he further postponed
the start of a trial that hinges on the strength of Proposition 215.

The North Lake Tahoe Taskforce arrested the Olympic Village couple Jan. 19
on suspicion of cultivation of marijuana and cultivation of marijuana with
intent to sell.

But, the Kubbys have maintained they have a physician's recommendation to
use marijuana for medicinal purposes. Steven Kubby was diagnosed with
adrenal cancer more than 20 years ago, and Michele Kubby suffers from an
irritable bowel.

Attorneys for the Kubbys - Dale E. Woods represents Michele Kubby and Joe
Farina represents Steven Kubby - requested a continuance July 13 but were

At the time, Farina said the timing of the Kubby's trial conflicted with
another case, but he made no mention of a conflict Monday. And, both
lawyers said the District Attorney's office withheld evidence by not
turning over computer disks and hardware in a timely manner.

However, Assistant District Attorney Chris Cattran said his office released
the disks as soon as they were received from the Sacramento High Crimes

Both sides have committed themselves to the case, and will be back in
Gaddis' courtroom - Department 3 at the Historic Courthouse on Maple Street
- - today at 1:30 p.m. to set a date.
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MAP posted-by: Richard Lake