cannabisnews.com: No Delay for Kubby Pot Trial!





No Delay for Kubby Pot Trial!
Posted by FoM on July 14, 1999 at 11:10:56 PT
By Jessica R. Towhey, Journal Staff Writer
Source: Auburn Journal
Placer County Judge Richard Couzens denied a motion to postpone the medical marijuana trial of Steven and Michele Kubby Tuesday. The trial will begin July 20.
Lawyers for the Kubbys requested the continuance, claiming the District Attorney's Office withheld computer disks that they say contain financial records integral to the case."We finally got copies of what was confiscated, but we're prevented from going through the disks in detail," said Dale E. Woods, the attorney for Steven Kubby. "Getting the records one week before trial is not enough time to prepare a defense."Woods and Joseph Farina, who represents Michele Kubby, said repeated requests for computer disks and computer hard drives went unanswered by the Sacramento High Crimes Taskforce through directives issued from the DA's office.According to Farina, the records were first requested at the March 2 preliminary hearing in Tahoe City. A request by Michele Kubby on April 19 so that she could file bankruptcy also went unanswered.Farina said he received the first of two disks during the first week of June, and the second last Tuesday."I have a right to get this information that was requested five months ago in a timely manner," Farina said. "I should also have the computer because the software on the disks is specific to the computer. I don't know if the information can be accessed with just the disks."However, Assistant District Attorney Chris Cattran said his office never received a request for the computers, and the disks were forwarded as soon as he received them."The people have provided hard copies of the financial records that could be found," Cattran said. "There are two years worth of back records, and we have hard copies from (the Kubbys') bank. I got the disks at the same time the defense did."And Cattran said he has not received documents he requested from the defense."The defense is going to be based primarily on medical marijuana, and we are entitled to statements, tangible evidence and a review of witness," Cattran said. "I have requested copies of medical records, and have not received them." In a telephone interview Tuesday, Steven Kubby — the Libertarian candidate for governor and medical marijuana advocate — said he believed the District Attorney's Office did not release the disks earlier because they purposefully withheld evidence."We have very good reason to believe the prosecutors have doctored, tampered with and falsified evidence, and that is why they refuse to turn over the hard drive," Kubby said.According to computer experts contacted by the Kubbys, the hard drive on their computer will reveal whether or not the directories have been altered. Kubby said he wants an independent analyst to look at the drives to determine if records had been modified after being seized Jan. 19.The Kubbys were arrested on Jan. 19 at the Olympic Village home on charges of cultivation of marijuana and cultivation with intent to sell. The Kubbys possess physician recommendations for the drug; Steven Kubby has adrenal cancer and Michele Kubby suffers from irritable bowel syndrome.Pubdate: Wed, 14 July 1999Note: Steve Kubby has issued a public challenge to the Placer County District Attorney: "Either produce the computers so the hard drives can be analyzed for sabotage by our experts or drop the case."Kubby Trial Back On For July 20th - July 13, 1999http://www.cannabisnews.com/news/thread2026.shtmlJuly 11, 1999Are Placer Deputies Planting Evidence on Patients http://www.cannabisnews.com/news/thread1993.shtmlThe Kubby Fileshttp://www.kubby.com/
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