Pubdate: Thu 29 Jul 1999
Source: Auburn Journal
Copyright: 1999 Auburn Journal
Contact:  1030 High St., Auburn, CA 95603
Author: Dena Erwin, Journal Staff Writer

Note: Our newshawk writes: Instead of just granting a continuance for the
Kubbys, so that they and their attorneys would have a chance to study the
evidence being used against them, the prosecution has forced the Kubbys to
show up in court nearly everyday for the past two weeks. That's expensive
and exhausting for a family facing bankruptcy with a small child, a
pregnant wife and husband who is still fighting cancer.


The Placer County District Attorney's Office exercised its option to
disqualify a judge, leaving the marijuana cultivation case against Steve
and Michele Kubby up in the air.

Attorneys will gather again today, as they have each day this week, to find
a courtroom  and a judge suitable to both sides.

Wednesday morning, Judge Larry Gaddis assigned the case to Judge Joe
O'Flaherty in Roseville, but Deputy District Attorney Christopher Cattran
asked for and was granted the disqualification.

After declaring "this case needs to get going," Gaddis scheduled another
meeting Wednesday afternoon, but during that hearing the matter was bumped
again until 1:30 p.m. today.

Tuesday, the defense disqualified Gaddis from presiding over the case.
Michele Kubby's attorney Joe Farina stated he believed Gaddis would be
prejudiced against the case and therefore could not be fair and impartial.
The Kubbys are accused of growing and selling marijuana in their Olympic
Valley home. They were arrested during a raid there by the North Tahoe Task
Force, which found 265 plants.

The couple possess medical recommendations to use pot for medicinal
purposes and say they were within the guidelines of Proposition 215, the
state's Compassionate Use law.

Steve Kubby, 52, states marijuana has kept his rare adrenal gland cancer at
bay for 23 years, while Michele, 32, uses it for an intestinal disorder. 

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