Auburn Journal _CA_ 1/1/1997 - 31/12/2024
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101 US CA: Judge Drops Kubby Felony ChargesSun, 04 Mar 2001
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:129 Added:03/04/2001

Bringing some semblance of closure to one of the more contentious cases in Placer County legal history, a Superior Court judge - at the request of the District Attorney's Office - dismissed marijuana-possession-for-sale charges Friday against pot activist and former Libertarian Party gubernatorial candidate Steve Kubby.

But Kubby, 54, will serve a 120-day jail sentence - likely through electronic monitoring in his home - on misdemeanor convictions for possession of a magic mushroom stem and peyote buttons.

Kubby brushed back tears as his wife, Michele, embraced him in relief after Judge John L. Cosgrove announced the District Attorney's Office decision not to pursue a second trial on charges stemming from a January 1999 raid at the couple's Olympic Valley home. The raid netted 265 marijuana plants from an indoor grow.

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102 US CA: Editorial: Prosecutor's Welcome Decision First Step In Long JourneySun, 04 Mar 2001
Source:Auburn Journal (CA) Author:McCartney, Patrick Area:California Lines:126 Added:03/04/2001

You've probably heard already. Placer County District Attorney Brad Fenocchio threw in the towel against Steve Kubby Friday, ending the county's two-year drugs-for-sale prosecution of the former Libertarian candidate for governor and his wife, Michele.

Better yet, Fenocchio also made the sensible decision to drop charges against former Rocklin dentist Michael Baldwin and his wife, Georgia. The Baldwins faced a retrial this month on cultivation-for-sale charges, after a jury deadlocked last year on the question of their innocence.

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103 US CA: Fenocchio Drops Baldwin ChargesSun, 04 Mar 2001
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:50 Added:03/04/2001

The Kubbys may be abandoning the United States but a Rocklin dentist whose medi-pot case was also dismissed Friday in Placer County Superior Court is staying - and digging in for a fight in civil court.

Like the Kubbys, Michael Baldwin and his wife, Georgia, also saw their marijuana-possession-for-sale case end in a hung jury. Back on May 13, 1999, jurors announced they could go no further after deadlocking 6-6 on a conviction against Michael Baldwin and leaning 7-5 for acquittal of Georgia Baldwin.

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104 US CA: PUB LTE: Alcoholism Is A DiseaseWed, 21 Feb 2001
Source:Auburn Journal (CA) Author:Wallgren, Carol A. Area:California Lines:41 Added:02/21/2001

That was a very good article on the Journal's Feb. 9 front page regarding the hot topic of the transition home in the Skyridge area for those recovering from alcohol and drug dependency. The Feb. 12 issue of Newsweek magazine has several interesting and enlightening articles regarding alcohol and drug addiction. The problems of alcohol and drug dependence have been swept under the rug for so long that the debris no longer fits under the rug.

The transition home in Skyridge is one of many in the Auburn area, but is only a Band-aid because it does not provide treatment and recovery.

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105 US CA: PUB LTE: Addicts Live EverywhereWed, 07 Feb 2001
Source:Auburn Journal (CA) Author:Bennett, J. Steve Area:California Lines:28 Added:02/07/2001

This is not the first time I have read about neighbors concerned about a drug or alcohol abuse treatment facility moving in. Don't try to kid yourselves - it is a fact that all neighborhoods have a number of junkies and alcoholics living in them. Many more move through neighborhoods during the normal course of their lives. These are active addicts that have not yet sought treatment or care.

Why is it that when these people turn their lives around and try to do something about their past behavior that they now become a menace to be feared? Personally, I'd be more concerned about the active alcoholics on their way to the local minimart for more beer than about the recovering addicts who recognize their problems and are taking steps to correct themselves. At least you know who and where they are.

J. Steve Bennett, Newcastle

[end]

106 US CA: Auburn In Limelight With High-Profile Medi-Pot CasesSun, 06 Feb 2001
Source:Auburn Journal (CA) Author:McCartney, Patrick Area:California Lines:153 Added:02/06/2001

Placer County's prosecution of medical marijuana advocate Steve Kubby and his wife Michele is scheduled to resume a week from Tuesday, in what promises to be a train wreck of a trial.

Headed for a collision are Placer County District Attorney Brad Fenocchio and Steve Kubby, the Libertarian Party's 1998 candidate for governor.

What is not in dispute is the fact that the multi-agency North Tahoe Task Force raided the Kubbys' Olympic Valley home Jan. 19, 1999, and seized 265 marijuana plants, computer equipment and a small amount of cash.

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107 US CA: Sentencing Delayed On Kubby Drug Possession CountsSun, 04 Feb 2001
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:24 Added:02/04/2001

The sentencing of former Libertarian Party gubernatorial candidate Steve Kubby on two felony drug possession counts was postponed Friday until March 2.

A mistrial was declared in December after a Placer County Superior Court jury couldn't decide whether he was guilty of marijuana possession for sale charges. But Kubby was convicted of felony possession of peyote buttons and a magic mushroom stem.

The sentencing before Judge John Cosgrove was postponed after defense attorney Tony Sera said he would be unable to attend the hearing Friday.

[end]

108 US CA: Campbell Platform Reflects Loss Of Faith In War On DrugsFri, 02 Feb 2001
Source:Auburn Journal (CA) Author:McCartney, Patrick Area:California Lines:125 Added:02/02/2001

It's a rare day when this bleeding-heart progressive votes for a Republican. Rarer still when the Republican is running against an incumbent Democratic senator with the balance of power in the U.S. Senate at stake.

Yet that's the decision I've made. I plan to vote for Rep. Tom Campbell against Sen. Dianne Feinstein on Tuesday.

Regular readers can guess my reason. Campbell is the first major-party Senate hopeful to repudiate the nation's war on drugs as ineffective and antithetical to the principle of personal freedom the country was founded on.

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109 US CA: Deadline Passes For Adopting Marijuana GuidelinesWed, 17 Jan 2001
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:96 Added:01/17/2001

Steve Kubby Says Recall Effort Against Brad Fenocchio To Begin

A recall effort against Placer County District Attorney Brad Fenocchio is looming after a deadline set by former Libertarian Party gubernatorial candidate Steve Kubby to adopt so-called Oakland guidelines came and went.

Monday was the deadline set by Kubby, who spent four months on trial late last year on possession of marijuana-for-sales charges in Placer County. A jury eventually deadlocked 11-1 for acquittal, although Kubby was convicted of felony possession of a magic mushroom stem and peyote buttons. He'll be sentenced Feb. 2.

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110 US CA: County To Get $438,088 In Prop 36 FundsFri, 12 Jan 2001
Source:Auburn Journal (CA) Author:Fitch, Mike Area:California Lines:81 Added:01/12/2001

Placer County is gearing up rapidly to enact Proposition 36, a statewide initiative that prescribes treatment rather than jail or prison time for a defendant's first two nonviolent drug-possession convictions.

The county learned recently it will receive $438,088 of the $60 million in startup funds allocated by the state. In the future, county officials expect to get close to $900,000 annually for programs mandated by the ground-breaking proposition.

Approved by the state's voters Nov. 7, the proposition also is known as the Substance Abuse and Crime Prevention Act of 2000. It goes into effect July 1.

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111 US CA: PUB LTE: Officers Need To Observe LawWed, 10 Jan 2001
Source:Auburn Journal (CA) Author:Colburn, Carol Area:California Lines:45 Added:01/10/2001

Mr. Ryland's letter regarding substance abuse and Mr. Kubby's health (Journal letters, Jan. 7) shows a distinct lack of compassion and knowledge of the law.

Over four years ago the voters in this state overwhelmingly approved the use of medical marijuana for relief of many ailments. The patients using medical marijuana for relief of various diseases, chronic pain and many other sicknesses, are not substance abusers and are not breaking the law.

The authorities who are still arresting them and prosecuting them are now the ones breaking the law.

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112 US CA: PUB LTE: Challenges D.A.Tue, 09 Jan 2001
Source:Auburn Journal (CA) Author:Baldwin, Mike Area:California Lines:37 Added:01/09/2001

There is a problem when the District Attorney and law enforcement have to lie to "win" a conviction. That is why we have lawyers. It took competent lawyers to expose the fact that law enforcement did indeed know that the yield of Kubby's garden was reasonable. The Drug Warriors testified that each plant would yield 3 ounces, a total yield of 49 pounds. Yet, the class notes and scientific studies issued to law enforcement by the Department of Justice and the DEA defined that Kubby's garden would yield approximately 3 pounds.

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113 US CA: LTE: Questioning Kubby's HealthMon, 08 Jan 2001
Source:Auburn Journal (CA) Author:Ryland, David Area:California Lines:57 Added:01/08/2001

In the summer of 1973, I was employed by Steve Kubby as the program director for Earth Camp One. I lived in intimate contact with Mr. Kubby during those 75 days and came to know him very well. When he surfaced in Auburn as the defendant in a drug possession case, I found it ironic. It was ironic because drugs and alcohol were strictly forbidden in Kubby's fiefdom at Earth Camp One. He knew then and now that a community is weakened when substance abuse is tolerated.

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114 US CA: LTE: Guidelines Reflect Drug CultureFri, 05 Jan 2001
Source:Auburn Journal (CA) Author:Ladeck, Carl Area:California Lines:24 Added:01/05/2001

The Kubbys beat the rap by enlisting the aid of attorney Tony Serra, renowned for his defense of drug dealers throughout the state. Now Kubby wants to recall a good district attorney if the DA doesn't bow to his wishes regarding adopting the so-called medical marijuana guidelines of the Bay Area, hotbed of the Northern California drug culture.

Was Kubby really innocent or guilty as charged? Let's see: 265 plants for personal medical use. Hmmm! Tell Kubby to stick his threats, Mr. DA!

Carl Ladeck, Auburn

[end]

115 US CA: Kubby Challenges DA On Pot GuidelinesFri, 29 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:177 Added:12/30/2000

Marijuana Activist Announces Plans For Recall Campaign

Steve Kubby has called on Placer County District Attorney Brad Fenocchio to adopt the so-called Oakland guidelines on medical marijuana possession or face a recall effort.

Fresh from a mistrial on marijuana-possession-for-sale charges in Placer County Superior Court, Kubby held a press conference Thursday in Orange County to announce his plans for a recall campaign. The 1998 Libertarian Party gubernatorial candidate, Kubby said he has informed Fenocchio's campaign manager that the recall will not be formally filed until after Jan. 15.

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116 US CA: With Kubby Case Mostly Over, Focus Shifts To BaldwinsSun, 24 Dec 2000
Source:Auburn Journal (CA) Author:McCartney, Patrick Area:California Lines:126 Added:12/24/2000

Eleven jurors gave Steve and Michele Kubby an early Christmas present this week, rejecting the prosecution's charge that the former Olympic Valley couple grew marijuana for sale.

While the jury convicted Steve Kubby, the 1998 Libertarian candidate for governor of California, of two unrelated drug charges, only time will tell whether or not Placer County law enforcement has had its fill of arresting sick people for growing marijuana under the 1996 Compassionate Use Act.

On Thursday, Superior Court Judge John L. Cosgrove declared a mistrial in the five principal counts against the Kubbys, after one juror held out for conviction following five days of deliberation.

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117 US CA: With Jurors Deadlocked 11-1, Mistrial Declared In Pot CaseFri, 22 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:75 Added:12/22/2000

Kubby Found Guilty Of Two Felony Charges

A mistrial was declared Thursday in the trial of Steve and Michele Kubby, with a jury that leaned 11-1 toward acquittal on possession-of-marijuana-for-sales charges deciding to give up efforts to convince a lone, female juror to come over to their side.

Jurors were sequestered for 21 1/2 hours over five days after hearing testimony that spanned four months. In the end, the jury could only decide to convict Steve Kubby on comparably minor felony drug possession charges involving a magic mushroom stem and peyote buttons.

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118 US CA: Jury Close To Verdict In Kubby Pot TrialThu, 21 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:61 Added:12/21/2000

Confident of Steven and Michele Kubby's potential acquittal on marijuana-possession-for-sale charges, defense attorney J. David Nick said Wednesday he'll press for continued deliberations when an apparently deadlocked jury returns today in Auburn.

Nick said he believes one juror is opposing acquittal of the Kubbys.

The eight-woman, four-man Placer County Superior Court panel began deliberations Friday and has now spent four, 6 hour sessions behind closed doors.

Nick said he was shown a note from the jury to the judge Wednesday indicating an 11-1 split on most charges. Given jury body language and other clues since deliberations began, Nick said he believes the lone holdout favors conviction on some of the charges against the Kubbys.

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119 US CA: Jury Still Out In Kubby CaseWed, 20 Dec 2000
Source:Auburn Journal (CA)          Area:California Lines:29 Added:12/20/2000

The jury in the marijuana-possession-for-sale trial of Olympic Valley's Steve and Michele Kubby will try again today to reach a verdict after completing a third day of deliberation Tuesday in Auburn.

Jurors returned to the courtroom Tuesday morning to hear testimony by defense expert witness Chris Conrad read back to them. Conrad testified on yield, stating that the Kubbys' 265 plants would have yielded about 3.5 pounds of high-grade pot. Prosecutors contend the yield would be closer to 25 pounds - too much for the personal medicinal uses the Kubbys contend their cannabis crop was for.

Jurors began deliberations Friday after a trial that spanned four months. Steve Kubby, the Libertarian Party gubernatorial candidate in 1998, played a key role in getting Proposition 215 - the Compassionate Use Act allowing medical marijuana use - on the statewide ballot in 1996.

[end]

120 US CA: Jury Continues To Deliberate In Kubby Marijuana TrialMon, 18 Dec 2000
Source:Auburn Journal (CA)          Area:California Lines:50 Added:12/20/2000

Jurors in the marijuana-possession-for-sale trial of Steve and Michele Kubby deliberated Monday for a second day without a verdict.

The Kubbys are being tried in Placer County Superior Court on several charges stemming from a Jan. 19, 1999, raid on their Olympic Valley home. A total of 265 marijuana plants were confiscated from their indoor garden.

The jury is to return today for an open-court session to have testimony from the trial read back.

The eight-woman, four-man jury began deliberations Friday after hearing testimony over four months. Steve Kubby was Libertarian Party gubernatorial candidate in 1998 and a key advocate two years earlier for Prop. 215 -- a voter approved initiative that allowed medicinal use of marijuana.

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121 US CA: Kubby Jury Takes The Weekend OffSun, 17 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:41 Added:12/17/2000

Jurors in the marijuana-for-sale trial of Olympic Valley's Steve and Michele Kubby will resume deliberations Monday in Auburn.

The eight-woman, four-man panel was given the case late Thursday and began deliberations Friday following a trial that spanned four months.

On Friday, Judge John Cosgrove dismissed charges of hashish possession against the Kubbys. A concentrated form of marijuana, the hashish was found during a January 19, 1999 raid on the Kubbys' home, along with 265 pot plants.

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122 US CA: Kubby Fate Rests With JurorsFri, 15 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:102 Added:12/15/2000

Emotionally Charged Closing Arguments Mark Finale Of Lengthy Trial Proceedings

The jury in the Steve and Michele Kubby marijuana trial will begin deliberations today following emotionally charged closing arguments Thursday.

Pumped up after nearly four months of proceedings, attorneys for both sides ripped into the opposing case like boxers battling for crucial points in the final minutes of a title fight.

Placer County Deputy District Attorney Chris Cattran told jurors that the sheer volume of marijuana grown by the Kubbys could be for no other reason than for illegal sales. And his voice rose in response to defense arguments that prosecution of the Kubbys was a "cynical" attempt to break the medicinal marijuana movement and Proposition 215. Cattran said Prop. 215 "is the law =AD and it is enforced as the law."

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123 US CA: Kubby Marijuana Trial Could Go To The Jury As Early As TodayThu, 14 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:104 Added:12/14/2000

High Profile Case Putting Proposition 215 To The Test

The question of Steve and Michele Kubby's guilt or innocence on possession-of-marijuana-for-sales charges could go to a Placer County Superior Court jury as early as today.

Into its fourth month, the Kubby trial ran out of witnesses Wednesday, with the prosecution resting its case

Jurors arrived for what was anticipated to be a potential day of cross-examination of retired state Department of Justice special agent Mick Mollica on estimated marijuana plant yields -- a key component of the county District Attorney's Office case. Instead, Michele Kubby defense attorney J. David Nick and Steven Kubby attorney J. Tony Serra told Judge John Cosgrove that they had no questions.

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124 US CA: Prosecution Witness Questions Pot Grow Figures In KubbyWed, 13 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:85 Added:12/13/2000

The prosecution in the Steve and Michele Kubby medi-pot trial put one of its key witnesses on the stand Tuesday in an attempt to rebut earlier defense testimony on the average yield from an indoor pot grow.

Despite strenuous objections from defense attorneys J. Tony Serra and J. David Nick, retired state Department of Justice special agent supervisor Mick Mollica was allowed to testify. He said a single marijuana plant, grown indoors, could yield about four ounces of high-potency bud.

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125 US CA: Brian Lungren Says He Was Not Involved In InvestigationThu, 07 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:55 Added:12/08/2000

Former Attorney General's Brother Testifies In Pot Trial

The brother of former state Attorney General Dan Lungren testified Thursday that he never took part in surveillance or reported to anyone on the actions of medi-pot trial defendants Steve and Michele Kubby.

An Olympic Valley neighbor of the Kubbys at the time of their January 1999 arrest on growing-marijuana-for-sales charges, Brian Lungren served as a rebuttal witness for the prosecution. Earlier in the trial, Michele Kubby had mentioned Brian Lungren during questioning on her psychological state before the raid. Her testimony was that she felt the house was under surveillance.

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126 US CA: Michele Kubby Breaks Down In CourtroomThu, 07 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:101 Added:12/07/2000

Prosecution Says It Plans To Call Five More Witnesses

The stress of a lengthy trial took its toll on Michele Kubby, with the co-defendant breaking down in tears Wednesday before fleeing the courtroom.

Michele Kubby's display of emotion followed a day-long stint on the witness stand by her husband, Steve. The two are charged with 16 drug-related counts related to a January 1999 raid on their Olympic Valley home that netted 265 marijuana plants.

After a series of delays - including one that allowed Michele Kubby time off to give birth to the couple's second child - the trial began in earnest in early October.

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127 US CA: Kubby Attorney Fined $200 For MisconductWed, 06 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:52 Added:12/06/2000

Michele Kubby defense attorney J. David Nick's pit-bull courtroom style got the better of him Tuesday.

Nick was fined $200 for misconduct after interrupting Superior Court Judge John Cosgrove's admonition to the jury in the Steve and Michele Kubby trial, just before a break.

Prosecutor Chris Cattran's questioning incurred the wrath of Nick, who described it as "despicable" as the jury was filing out of the courtroom.

Cosgrove, saying he had warned Nick in the past about similar "outbursts," sanctioned the defense attorney and fined him $200 for misconduct.

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128 US CA: Kubby Says He Never Grew For S.F. ClubsWed, 06 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:136 Added:12/06/2000

Defense Attorney Fined By Judge For Outburst

Steve Kubby testified Tuesday in Auburn that he sought legal advice before deciding not to grow marijuana for San Francisco or Oakland cannabis buyers clubs.

Kubby, a medical marijuana advocate and 1998 Libertarian Party gubernatorial candidate, said he was given a grower's contract by San Francisco club principal Dennis Peron and took it to Truckee attorney Dale Wood in the summer of 1998 for guidance.

"He said you don't want to touch it, you don't want to have anything to do with it," Kubby said during his second day of testimony. "I dropped it like a hot potato."

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129 US CA: Steve Kubby Takes Stand In Marijuana TrialFri, 01 Dec 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:141 Added:12/01/2000

He disputes prosecutor's contention that he was a big dealer

Steve Kubby told jurors Thursday that it was donations for his work as a medicinal marijuana advocate, not from pot sales, that produced a steady flow of money from Oakland and San Francisco cannabis buyers clubs.

Prosecutors point to the money as evidence of potential drug dealing.

On trial with his wife, Michele, on a total of 16 drug charges, Kubby took the stand for the first time in his own defense before a Placer County Superior Court jury that has been hearing the case since September. The most serious allegation the couple is accused of is growing marijuana for the purpose of selling it.

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130 US CA: Michele Kubby Recounts Details Of Pot BustThu, 30 Nov 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:87 Added:11/30/2000

Michele Kubby returned to the witness stand Wednesday to describe a life with husband Steve that revolved around politics and pot.

But her composure broke down when she was questioned on the events surrounding a Jan. 19, 1999 law enforcement raid on their rented Olympic Valley home that netted 265 cannabis plants and resulted in 16 drug charges.

Fighting back tears, Kubby said that she thought it was "the beginning of the end of my life" when she opened the door and found a Placer County Sheriff's investigator standing with a search warrant in hand. The most serious of the charges they are now on trial for is possession for sale.

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131 US CA: Michele Kubby Testifies There Was No IntentWed, 29 Nov 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:109 Added:11/29/2000

Michele Kubby took the stand in her own defense Tuesday, denying that there was any intent by either her or husband, Steve, to grow pot for sale.

Kubby also testified that a hallucinogenic mushroom stem and peyote buttons found during a January 1999 search of the couple's Olympic Valley home weren't hers and weren't meant for their personal consumption.

Both the Kubbys had doctor's recommendations to grow and smoke marijuana under Proposition 215 - a law Steve Kubby played a major role in getting on the 1996 ballot. Michele Kubby's recommendation was to treat the symptoms of irritable bowel disorder.

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132 US CA: Pot Gurus Testify For KubbyFri, 17 Nov 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:99 Added:11/17/2000

Psychiatrist: 'Some reported using up to 25 (joints) a day'

Two of California's modern-day pot pioneers took the stand Thursday in defense of Steve and Michele Kubby.

The Kubbys are being tried in Placer County Superior Court on 16-drug related charges ­ the most serious of which is marijuana possession for sale. A total of 265 pot plants were confiscated after a January 1999 search of their Olympic Valley house. They contend the indoor garden was for personal medical use.

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133 US CA: Witnesses Line Up To Testify For Steve KubbyThu, 16 Nov 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:94 Added:11/16/2000

A nun, an AIDS worker, an attorney and a journalist took the stand as witnesses for the defense Wednesday in the Steve and Michele Kubby marijuana possession-for-sale trial in Auburn.

Jane Weirick is a nun who now serves as director for a medicinal marijuana dispensary in San Francisco backed by the Catholic Church. She testified that during the time she was employed at a San Francisco cannabis buyers club she saw Steve Kubby line up to buy pot several times.

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134 US CA: Expert Disputes Pot Plants' PotentialWed, 15 Nov 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:88 Added:11/16/2000

AUBURN, Calif. - An expert witness for the defense testified Tuesday in the Placer County Superior Court trial of Steve and Michele Kubby that the amount of pot found at their Olympic Valley home was consistent with growing the plants for personal use.

Chris Conrad, author of "Hemp for Health" and former curator of a museum in Amsterdam devoted to marijuana, told jurors he personally examined marijuana plants confiscated from the Kubby home after a January 1999 search. He estimated the potential harvest would have been much less than law enforcement's estimated 25 pounds of marketable pot. A total of 265 plants were discovered in the raid.

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135 US CA: Drug Court Supporters Question Proposition 36'sThu, 09 Nov 2000
Source:Auburn Journal (CA) Author:Schuknecht, Bruce Area:California Lines:77 Added:11/09/2000

Judges Concerned That Without Threat Of Jail Time, There's No Teeth To Laws

Two Placer County judges say the passage of Proposition 36 jeopardizes the future of the county's drug court.

The newly passed measure orders treatment for first- and second-time drug offenses rather than jail. The state analyst predicts a $200 million annual savings statewide from cuts in jailing would-be offenders.

But Placer County Superior Court Judge Joe O'Flaherty called Prop. 36 a "very bad idea."

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136 US CA: Kubby Trial UpdateSun, 05 Nov 2000
Source:Auburn Journal (CA) Author:McCartney, Pat Area:California Lines:57 Added:11/07/2000

Drug policy is at the heart of the ongoing prosecution of former Olympic Valley residents Steve and Michele Kubby in Placer County.

Steve Kubby was one of the leaders of the 1996 Proposition 215, and was running for governor as a Libertarian in 1998 when Placer County law enforcement launched a six-month investigation after an anonymous note alleged that he was selling the marijuana he grew.

One of the other candidates in that gubernatorial race, Dan Lungren of Roseville, has now become a presence in the Kubby case. Lungren was the California attorney general when Prop. 215 passed, and issued a guideline to local law enforcement afterward that said, "(O)ne can argue that more than two plants would be cultivation of more than necessary for personal medical needs."

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137 US CA: Defense Case Begins In Kubby TrialWed, 01 Nov 2000
Source:Auburn Journal (CA) Author:Schuknecht, Bruce Area:California Lines:104 Added:11/01/2000

Lawyer Describes Pot Garden As Geared To Medical Use

Jurors in the trial of medical-marijuana advocate Steve and Michele Kubby heard about the technical aspects of marijuana cultivation Tuesday as the first day of defense testimony began at Placer County Superior Court.

Prosecutors earlier in the morning also argued with defendant Steve Kubby's lawyer, J. Tony Serra, about how testimony would progress over the next few days. Prosecutors sought to restrict the scope of testimony that would be offered by defense witness William Logan.

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138 US CA: LTE: Prop 36 - A Very Bad IdeaWed, 01 Nov 2000
Source:Auburn Journal (CA) Author:O'Flaherty, Joe Area:California Lines:48 Added:11/01/2000

Under proposition 36 drug abusers could no longer be prosecuted for the drug laws they break. Instead the courts would be required to put them into "treatment programs" with no punishment for their drug crimes. Later when they commit new drug offenses the courts would have to conduct intricate hearings and further placement before ordering jail. The problems?

Most basically it undercuts people being responsible for their actions. Many, including me, feel that the revival of individual responsibility is what has lowered the crime rate in the last decade. Treatment programs, while beneficial, are not by themselves punitive consequences.

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139 US CA: PUB LTE: Medipot Not The ProblemMon, 30 Oct 2000
Source:Auburn Journal (CA) Author:Komp, Ellen Area:California Lines:28 Added:10/31/2000

I notice that while law enforcement officers are spending vast amounts of time and money prosecuting the Kubbys for growing medical marijuana, they managed to overlook a 1,250-plant pot plantation where, tragically, William Hunt and his 8-year-old son were shot when they discovered it by accident. This situation reflects a trend around the state.

While law enforcement acts against patients and caregivers growing smaller numbers of plants, marijuana crops with as many as 50,000 plants grown by Mexican cartels in California are being discovered and eradicated -- almost always without a single arrest

Ellen Komp

[end]

140 US CA: Kubby Prosecution Ends Not With A Bang But A WhimperSun, 29 Oct 2000
Source:Auburn Journal (CA) Author:McCartney, Pat Area:California Lines:147 Added:10/29/2000

Placer County's prosecution of medical marijuana advocate Steve Kubby and his wife Michele came to an abrupt conclusion this week.

If it were a softball game, I'd invoke the mercy rule and acquit the Kubbys before the defense even begins its case on Tuesday.

Over the course of the last seven weeks, the District Attorney's Office introduced three key lines of evidence against the Olympic Valley couple, who are charged with 19 felony counts that include cultivation of marijuana for sale and conspiracy to sell marijuana.

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141 US CA: Pot Trial Focuses On Magic MushroomsFri, 27 Oct 2000
Source:Auburn Journal (CA) Author:Thomson, Gus Area:California Lines:72 Added:10/27/2000

The trial of Steve and Michele Kubby shifted from pot to magic mushrooms Thursday.

A half-gram psilocyben mushroom stem was produced as evidence by the prosecution, discovered Jan. 19, 1999, in a raid of the Kubby's Olympic Valley home. The search led to the discovery of 265 marijuana plants in various stages of growth -- the main emphasis in the criminal conspiracy case against the couple.

But the discovery of the piece of mushroom stem led to a charge of possession of psilocyben, a mind-altering substance found in what are commonly called magic mushrooms.

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142 US CA: DA Testimony Sought In Pot TrialFri, 13 Oct 2000
Source:Auburn Journal (CA) Author:Towhey, Jessica R. Area:California Lines:89 Added:10/13/2000

Kubby case continues in North Auburn courtroom

Prosecutors in the Placer County District Attorney's Office may find themselves on the witness stand during the prosecution of medical marijuana proponents Steve and Michele Kubby.

Attorney J. David Nick, part of the legal team defending the couple on charges that include cultivating marijuana for sale, said Thursday in the North Auburn courtroom that he intends to call District Attorney Brad Fenocchio and Deputy District Attorneys Christopher Cattran and Gene Gini to testify about their role in the Kubby investigation.

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143 US CA: Suspects Arested In Father-Son ShootingThu, 12 Oct 2000
Source:Auburn Journal (CA) Author:Schuknecht, Bruce Area:California Lines:58 Added:10/12/2000

Two men were arrested in connection with Sunday's shooting of a father and his son while they were hunting on their property just a few miles across the Placer County line, El Dorado County Sheriff's investigators said Wednesday.

Late Tuesday sheriff's detectives arrested Mario Arriaga Lopez, 40, at his home in Clarksburg in Yolo County without incident, sheriff's Sgt. Hal Lamb said. He was booked without bail at El Dorado County jail on suspicion of being an accessory to a crime.

[continues 289 words]

144 US CA: PUB LTE: End The Drug WarSun, 01 Oct 2000
Source:Auburn Journal (CA) Author:Colburn, Carol Area:California Lines:43 Added:10/01/2000

I am voting for Tom Campbell for U.S. Senate and asking him to please do all he can do to end the War on Drugs! I am sure he is a Libertarian, although he running as a Republican. He wants to end the war on drugs. We do not belong in Columbia! We do not need any more wars. We do not need any more dead sons! We do not need any more prisons built to house and train high-tech labor, using non-violent marijuana users, for the profit of some corporations.

[continues 229 words]

145 US CA: OPED: There Was An Easier Way To Inspect The KubbySun, 10 Sep 2000
Source:Auburn Journal (CA) Author:McCartney, Pat Area:California Lines:137 Added:09/11/2000

Nearly 20 months after an anti-drug task force raided their Olympic Valley residence, Steve and Michele Kubby finally faced a Placer County jury Wednesday on 19 criminal charges in a high-profile medical marijuana trial.

The Kubbys, their attorneys, a handful of supporters, prosecutors and local journalists crowded into a small DeWitt Center courtroom, where Judge John L. Cosgrove opened the proceedings with instructions to the jury of seven women and five men. With the preliminaries behind them, the prosecution and defense launched their opening salvos, setting the stage for what promises to be one of Placer County's better courtroom dramas.

[continues 932 words]

146 US CA: Testimony Continues In Kubby TrialFri, 08 Sep 2000
Source:Auburn Journal (CA) Author:Towhey, Jessica R. Area:California Lines:48 Added:09/09/2000

Testimony continued Thursday in the marijuana trial of Steven and Michele Kubby, who face a combined 19 counts of illegal drug possession, cultivation of marijuana for possession and possession of paraphernalia.

But with the completion of the second day of testimony, the trial was suspended until Oct. 11.

Detective Mike Lyke of the Placer County Sheriff's Department took the stand for a second day of testimony about the investigation that led to the Jan. 19, 1999 raid on the Kubbys' Squaw Valley home.

[continues 187 words]

147 US CA: Kubbys Say Pot Was For Medicinal UseWed, 06 Sep 2000
Source:Auburn Journal (CA) Author:Towhey, Jessica R. Area:California Lines:79 Added:09/07/2000

D.A. Says They Were Growing The 265 Plants For Profit

A high-profile marijuana trial began in earnest Wednesday morning as opening arguments painted the case facing a former gubernatorial candidate and his wife as either a for-possession drug matter or political persecution. Michele and Steven Kubby, the 1998 Libertarian candidate for governor, face a combined 19 counts of illegal drug possession, cultivation of marijuana for sale and possession of paraphernalia. The Kubbys were arrested Jan. 19, 1999 at their Olympic Valley home in Squaw Valley following a six-month investigation by the North Lake Tahoe Narcotics Task Force.

[continues 423 words]

148 US CA: PUB LTE: All's Fair In WarSun, 03 Sep 2000
Source:Auburn Journal (CA) Author:Tauman, Leonard K. Area:California Lines:24 Added:09/03/2000

My wife read the judge's decision in the Kubby case, which allowed police officers to peer into residence windows. "That can't be right?" she asked me. "Oh, yes, the judge followed the law. The government can look in unless we shutter all openings. How else can they fight marijuana users?" "Are you telling me that it's OK for police to peep into my bedroom window? Are you stupid or crazy?"

"Neither," I replied, ducking the flying dishware; "I'm a lawyer."

Leonard K. Tauman, Auburn

[end]

149 US CA: PUB LTE: Who Are The People?Sun, 03 Sep 2000
Source:Auburn Journal (CA) Author:Carden, L.J. Area:California Lines:42 Added:09/03/2000

I have spent the better part of six days, over the last couple of weeks, in your beautiful part of our state. I have been attending the medical marijuana trial of Steve and Michele Kubby. It has been very interesting and informative watching the adversarial skills of the opposing attorneys. Watching the judge's expressions as he listens attentively to each side, knowing his power and being so fair and cool with it is our justice system at work.

I do, however, have a problem with the district attorney calling his side of this case "the people" this and "the people" that.

[continues 169 words]

150 US CA: Judge Refuses To Toss Out Warrant In Kubby TrialFri, 01 Sep 2000
Source:Auburn Journal (CA) Author:Towhey, Jessica R. Area:California Lines:100 Added:09/01/2000

It's taken more than a year, but opening statements will finally be heard next week in the marijuana trial facing Steven and Michele Kubby.

Both sides wrapped up pretrial motions Thursday afternoon with Placer County Superior Court Judge John L. Cosgrove denying two defense motions to dismiss a search warrant that led to a Jan. 19, 1999 raid on the Kubbys' Olympic Valley home.

Steven Kubby was the Libertarian candidate for governor in 1998 and a key proponent of the successful 1996 Compassionate Use Act, or Proposition 215.

[continues 660 words]


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