cannabisnews.com: More Info About the Trial Location and Activity More Info About the Trial Location and Activity Posted by FoM on August 05, 1999 at 08:27:58 PT Kubby Announce Source: The Kubby Files Greetings, The case of The People versus Steve and Michele Kubby will begin next week in Placer County. From: bob rush.com (Bob Ames) To: dpfca drugsense.org Subject: DPFCA: Kubby Trial Getting Started Date: Wed, Aug 4, 1999, 5:45 PM The trial will be held in Department 11 at the DeWitt Center, which is located somewhere between the Sheriff's Department and the main jail. More about the Kubby trial below. All Placer county, and even many Sacramento county, medical cannabis patients know this area very well, for this is the area through which all medical cannabis patients are dragged on their way to jail. The Sheriff's Department is where Sacramento County Medical Cannabis Patient Bob DeArkland had his plants, lights, triple- beam scale, and a dozen or so actual dead immature cannabis plants returned to him a few weeks ago. Sheriff's made everyone wait for nearly one and a half hours after the scheduled appointment time to get Mr. DeArkland's items back from the Sheriff. Ryan Landers, Sacramento Medical Cannabis Spokesman, was noticed by an eagle-eyed photographer medicating out in front of the Sheriff's Department with a lit medical cannabis cigarette, or joint. The crafty Auburn Journal photographer hurried over and quickly asked Mr. Landers if it would be okay to take a picture of him medicating. Mr. Landers said I guess so and the photographer bent down for about 1/2 second and snapped the picture. This large color front page picture shows Mr. Landers discreetly smoking a joint with the Auburn County Sheriff's Department main sign right behind him and his brightly lit joint. The Photographer definitely gets my vote for this year's Pulitzer Prize! This picture was picked up by the Associated Press and carried nationwide, along with the story about police making Mr. DeArkland, an elderly cancer patient in his '70s, wait for over an hour to get his property, including legal cannabis, back from the police who had seized it illegally in the first place. Mr. DeArkland has filed $10M and $25M lawsuits against both Placer County and Sacramento County. Mr. DeArkland lives in Sacramento County, yet he was arrested in his Sacramento home by Placer County authorities. Steve and Michele Kubby's trail will begin in earnest sometime next week, after jury selection. As of noon Wednesday, 35 of 70 jurors had hardship excuses and were excused. Another 70 were being brought in this afternoon. This will leave 70 total, assuming another 35 are excused for hardship. The Kubby trial will be on a 2.5 day schedule. Court will be in session Tuesday Afternoons, and all of Wednesday and Thursday, in Department 11 in Auburn, Placer County, The Great State Of California. My Very Own Trial (tm) was rescheduled today due to scheduling conflicts with the Kubby trial. My attorney is Joe Farina, who is also Michele Kubby's attorney. Joe was the Libertarian Party's candidate for Attorney General in last November's General Election. I have exciting motions coming up. Motions to suppress the unlawful warrantless search and to suppress the subsequent unlawfully-obtained search warrant, are scheduled for October 14, at 8:30AM out of Department 4. These motions should prove interesting. I have recently learned that Sacramento Police intend to lie and state that they had a search warrant prior to entering my residence, even though the police report clearly states that police were first in my residence, *then* went to try to get a search warrant. My jury trial is presently scheduled to begin November 4th, 1999, to be scheduled out of Department 8, at 8:30AM. Sacramento Police admitted on the stand at my preliminary hearing that Sacramento Police policy is to *automatically* ARREST, KILL, & DESTROY. Arrest all patients, kill all cannabis, and destroy all gardens. Complete and total lawlessness by the very Police who are sworn to protect us. The institutionalized lawless behavior seriously undermines this country. It is all about corruption. Power. The police hate the law so much that they have simply decided to disregard it. The truly sad and amazing part is that they basically have been getting away with it. Where is the public outcry over these senseless prosecutions of medical patients? How come we don't see more front page stories about this incredibly outrageous conduct by police? Court TV has yet to carry a big medical cannabis case. Why? In Sacramento, two different police officers have been fired within the last year for breaking in to drug suspects' homes to search for contraband. Sacramento Police did exactly this same thing in my case. Anyway, I'm rambling. So, we hope to see you here at the Kubby Trial starting next week sometime. It's going to be a very long trial, much longer than present estimates, I think. Also hope to see you at my motions in October, and at my trial in November! -- Bob Ames: BOB RUSH.COM "We each pay a fabulous price... for our visions of paradise",Neil Peart '87 THE KUBBY FILEShttp://www.kubby.com Monarch Bay Plaza #375 Dana Point, Ca 92629DON'T GET LEFT OUT OF THE LOOP: Subscribe: Kubby-Announce-on list.kubby.org Unsubscribe: Kubby-Announce-off list.kubby.org Kubby Trial Begins - August 4, 1999http://www.cannabisnews.com/news/thread2343.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by FoM on August 05, 1999 at 08:36:25 PT: Motions Begin During Kubby Trial - 8/05/99 Lots went on today in the Kubby trial. Initial gut reactions to the judge are reinforced by todays rulings. If prosecution thought this judge would roll over for their hideously unfair pre-trial motions, they were wrong.It was thought that jury selection would begin today, but the day was taken up with pretrial motions. Jury selection will begin tomorrow it appears now.Some of the motions and the results from today. They are numbered ONLY to prevent confusion.1. The prosecution moved to suppress evidence gathered after the arrest of Steve and Michele. This was a naked attempt to keep the testimony of Dr. Vincent DeQuattro out of court. Since the arrest, Dr. DeQuattro has spent many hours examining Steve and defining the extent of his cancer and the effect marijuana plays in Steve's medical treatment. He also made some conclusions about the treatment given Steve in the Placer County jail following his arrest. You can bet the farm the prosecution didn't want Dr. D's testimony or presence in the courtroom. They LOST.Judge Vonascek will allow Dr. DeQuattro and his findings into the trial.The prosecution wants to establish a higher standard of evidence than reasonable doubt for allowing Steve and Michele to use the medical defense allowed by Prop 215. Steve can meet any such test, but the defense objected so that higher standards won't affect future cases and other people. The judge reserved his opinion on this one.Joe Farina, Michele's attorney, crack 215 attorney, and recent Libertarian Party candidate for Attorney General made a most unusual motion. He moved to require the prosecution to provide jurors with samples of marijuana cigarettes. Specifically to rebut prosecution claims relating to plant yield, the jurors will be allowed to examine joints of 1/4 gram, 1/2 gram, 3/4 gram, and one gram size/weight. In a major victory for the defense, Judge Vonascek agreed and approved the motion.The judge denied a motion by the defense to return the Kubby computers for examination or suppress all evidence obtained from them.The prosecution asked that Steve and Michele meet something called the Kelly-Frye standard of evidence about prop 215. This was denied by Judge Vonascek.The defense moved that the Oakland guidelines for amounts of possession be made the trial standard. The judge reserved opinion on this one.that's all for now...Art Sobey THE KUBBY FILES http://www.kubby.com Monarch Bay Plaza #375 Dana Point, Ca 92629 DON'T GET LEFT OUT OF THE LOOP: Subscribe: Kubby-Announce-on list.kubby.org Unsubscribe: Kubby-Announce-off list.kubby.org [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: