HTTP/1.0 200 OK Content-Type: text/html Kubby Stays Positive About Medical Pot Case Despite
Pubdate: Wed, 18 May 2005
Source: Auburn Journal (CA)
Copyright: 2005 Gold Country Media
Contact:  http://www.auburnjournal.com/
Details: http://www.mapinc.org/media/530
Author: Penne Usher, Journal Staff Writer
Referenced: DEA letters and testimony  http://www.kubby.com/00-DEA.LETTERS.html
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/kubby.htm (Kubby, Steve)

KUBBY STAYS POSITIVE ABOUT MEDICAL POT CASE DESPITE COURT LOSS

Medical-marijuana activist Steve Kubby lost his most recent battle in an 
Auburn courtroom Monday, but says it's a "victory."

Bill McPike, Kubby's attorney, filed a motion to vacate a 2000 drug 
conviction, April 29.

Judge John Cosgrove denied McPike's request Monday, citing that Placer 
County court did not have jurisdiction over the case and Kubby's fugitive 
status as reasons for the denial.

Kubby fled to Canada in an effort to avoid incarceration after a 2000 
conviction on charges of possession of mescaline and psilocybin. Deputies 
reportedly found a small amount of peyote button and magic mushroom during 
a 1999 search of Kubby's Olympic Valley home.

Two-hundred-sixty-five marijuana plants in various stages of growth were 
reportedly seized, officials said.

"We're disappointed," Kubby in a telephone interview from home Monday. 
"We're not deterred. There are a number of alternatives available to us."

Chris Cattran, deputy district attorney for Placer County, filed a response 
to the court during the April appearance in which he responded to the 
petition for the writ, citing reasons it should be denied.

Cosgrove explained to McPike that the court time Monday was to allow him to 
respond to the people's response to the writ.

Cosgrove ruled that the "petition for writ error coram nobis is denied."

Kubby ran as the Libertarian candidate for governor on the 1997/1998 
ballot. He was also one of the authors of Prop. 215, the compassionate use 
act passed by the voters in of the state of California in 1996.

Kubby's attorney contends there was not a solid basis for the judge to 
grant a warrant to search the Kubbys' home, citing a Drug Enforcement 
Administration report that he said was used as the basis of obtaining the 
search warrant.

They should have never issued a search warrant. The report allegedly 
created their strongest suspicion, McPike said.

"Clearly the ruling was a defeat for them today," Cattran said.

Kubby doesn't see the ruling the same way.

"We do believe we have made our case," Kubby said from his home in Canada 
Monday. "We met the legal test for bringing the fraud to the attention of 
the court."

The DEA report allegedly confirmed that a "guest" at the Kubby home, Peter 
Brady, was a Jamaican drug smuggler. Kubby asserts that the non-existent 
report was used to persuade a judge into signing a search warrant.

Brady, a former marijuana journalist for "Cannabis Culture" and "High 
Times," spoke to the Journal by phone Monday from an undisclosed location 
in New Mexico.

"I visited the Kubbys as a journalist in 1999 and engaged in absolutely no 
criminal activity with them. I never was, nor have been, involved with 
Jamaican marijuana smuggling or provided information to the DEA about 
marijuana smuggling."

Kubby was allowed to leave the country in 2000 with the stipulation that he 
returned for his surrender date. He opted to stay in Canada. Had he been 
granted alternative sentencing, which he was reportedly eligible for, he 
would have spent about 120 days under home monitoring, Cattran said.

He and his wife, Michele Kubby, now live in British Columbia. Kubby said he 
will continue the fight.

"We feel criminal actions have taken place," Kubby said. "I feel we will 
continue to come after those that served the search warrant. They broke the 
law and we intend to prove it."

Kubby has said that the search warrant was the basis for his arrest.

Brady said he has been used as a pawn by Kubby.

"My presence at the Kubby home was not instrumental in their being raided," 
Brady said. "They were under surveillance long before I ever visited them 
and my evaluation of the search warrant affidavit indicates they would have 
been raided if police saw me at their home or not."

Whether Kubby's attorney plans to file an appeal with the court is unclear.

"I'm thinking about a motion for reconsideration," McPike said outside the 
courtroom Monday. "I need to time to review the options."

Kubby, who has testified he relies exclusively on cannabis to control the 
symptoms of adrenal cancer, said he is hoping to clear things up and return 
to the area. Cattran said Kubby's flight to avoid incarceration will have 
serious consequences.

"He's a felony fugitive," Judge Cosgrove said.
- ---
MAP posted-by: Jay Bergstrom