(Marijuananews note: The prosecution of the
Kubbys is proceeding, but so is the opposition.)NEWS FROM THE LIBERTARIAN PARTY
OF CALIFORNIA
400 Capitol Mall, Suite 900
Sacramento, CA 95814
(916) 449-3941
For immediate release: March 9, 1999
For additional information:
Juan Ros, Executive Director
Phone: (818) 506-0200
Mailto:director@ca.lp.org
http://www.ca.lp.org/
Libertarians vow action, blast prosecutors as Kubby case heads for trial
SACRAMENTO—The Libertarian Party of California has "not
yet begun to fight" in the case of Steve and Michele Kubby, who were ordered to stand
trial last week on ten and nine felony drug charges, respectively. Modesto County
Superior Court Judge Robert Compagna issued his decision Tuesday, March 2, at a
preliminary hearing in Tahoe City Court.
See
Kubby Letter To
Libertarian Party "Blue Ribbon Committee" Details Abuses of Local Police
and links
Steve Kubby, the 1998 Libertarian candidate for governor, and his wife Michele were
arrested January 19 in a police raid of their Olympic Valley home. Despite being
legitimate medical marijuana patients protected under Proposition 215, the Kubbys were
charged with multiple felony counts of conspiracy, cultivation, and possession with intent
to sell. The Kubbys have persistently denied any sale, insisting they grew marijuana
solely for personal medicinal use.
"That this case has gone this far is outrageous—it
either demonstrates a complete lack of understanding of the law by the judge and
prosecutors or a willingness to ignore the law," charged Libertarian state chairman
Mark Hinkle.
During the hearing Compagna sustained a prosecution motion to disallow a Proposition
215 defense, thereby barring the Kubbys’ attorneys from bringing up any issues
related to medical marijuana.
"Prop. 215, approved by 5.3 million Californians over two years ago, was meant to
protect people like the Kubbys from suffering. It’s unconscionable for the
prosecution to disallow a medical marijuana defense," said Hinkle.
As a result of their arrest and prosecution, the Kubbys have been forced to file for
bankruptcy. Authorities confiscated the computer equipment Steve uses in his business and
have yet to return the property. "In their zeal to lock up law-abiding citizens,
prosecutors have both jeopardized the Kubbys’ physical health and destroyed their
financial health," added Hinkle.
See
Court Refuses to
Return The Kubbys’ Computers, Forcing Them Into Bankruptcy;
How Seizing Computers Undermines Our 4th Amendment And Other Basic Rights.
Hinkle announced that the Libertarian Party is studying ways to increase pressure on
Placer County law enforcement, state legislators, and Attorney General Bill Lockyer to
intervene.
See
San Jose Paper Gives
Great Coverage To Kubby Appearance At Libertarian Party Convention
"Libertarians are among the leading fighters in the battle for medical marijuana,
and we will continue to fight— not just for the Kubbys but for all medical marijuana
patients. This is only Round One."
The next hearing is scheduled for March 19th in Auburn at which time a trial
date will be set.
Join the Kubby Announce List and get
e-mail updates:
Kubby-Announce-on@list.kubby.org
March 8, 1999
From The Orange County Register
letters@link.freedom.com
http://www.ocregister.com/
THE KUBBY PROSECUTION
See
Orange County
Register Denounces Kubby Arrest As "Outrage in Law"
Steve Kubby,the Libertarian party candidate for governor in 1998, and his wife,
Michele, had their preliminary hearing on marijuana cultivation and sales charges in Tahoe
City last Tuesday. The two will face a total of 19 charges. The case is scheduled for
arraignment in Superior Court in Auburn March 19.
The actual trial will take place later, probably sometime in May.
During his campaign Mr. Kubby was very open about the fact that he has used marijuana
medicinally since he was diagnosed more than 20 years ago with a rare form of adrenal
cancer that is usually fatal within a few years, as well as for high blood pressure.
Dr. Vincent DeQuattro, a professor of medicine at USC who treated Mr. Kubby 15 years
ago and was amazed to find he was still alive, wrote a letter to the court. In it he said
that Mr. Kubby still has the malignancy, but the marijuana "in some amazing fashion
... has not only controlled the symptoms but in my view has arrested the growth."
See
But local prosecutors, in conjunction with state and federal
officials on an interagency task force, contend that the 265 plants found growing in
the Kubby home constitute evidence of cultivation for sale.
They argued that California’s medical-marijuana law, passed by the voters as Prop.
215 in 1996, should not even be considered during this trial.
Mr. Kubby didn’t contest that during the preliminary hearing.
As attorney Dale Wood of Truckee told us Wednesday, "We made a tactical decision
not to cross-examine their experts at this stage. Now that we know more about the nature
of the prosecution case, we are looking forward to being more aggressive during the
trial."
The shame is that this trial is taking place at all. California
voters passed Prop. 215 and both Steve and Michele Kubby have recommendations from
licensed physicians to use marijuana medically, just as the law requires.
For prosecutors to press forward under such circumstances smacks of malice or worse -
an overt effort to turn a law duly passed by California voters into a dead letter.
Copyright: 1999 The Orange County Register
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