Pubdate: Thu 29 Jul 1999 Source: Auburn Journal Copyright: 1999 Auburn Journal Contact: 1030 High St., Auburn, CA 95603 Website: http://www.auburnjournal.com/ 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. KUBBY COURT DATE POSTPONED AGAIN 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. - --- MAP posted-by: Richard Lake