Pubdate: Wed 28 Jul 1999
Source: Auburn Journal
Copyright: 1999 Auburn Journal
Contact:  1030 High St., Auburn, CA 95603
Author: Jessica R. Towhey, Journal Staff Writer


Setting a trial date for Michele and Steve Kubby is proving to be very

Both sides met in Judge Larry Gaddis' courtroom Tuesday hoping for a date,
but Steve Kubby's attorney, Joe Farina, filed a motion requesting Gaddis
step down from the case.

Farina said he believed Gaddis to be prejudiced against the case and
therefore cannot be fair and impartial.

Gaddis accepted the motion since it was given in a timely manner.

"I can't imagine why it is being made, though," Gaddis said.

The law allows each side to file such a motion once in a trial. Since the
Kubbys are being represented separately, though, the defense has another
opportunity to file. And, because Farina invoked California Penal Code
Section 170.6, he does not have to explain why he believes Gaddis would
have prejudices.

"We'll see what happens tomorrow," said Assistant District Attorney Chris

While Gaddis cannot hear the case, the code allows him to assign the case
to another judge. But, Gaddis said he didn't know the odds of getting a
courtroom today, and said the assignment will go on a day-by-day basis.

The two sides will meet today at 8:15 a.m. in Department 3 of the Historic
Courthouse on Maple Street.

The Kubbys' were arrested Jan. 19 at the Olympic Village residence. They
are charged with suspicion of cultivation of marijuana and suspicion of
cultivation with intent to sell.

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