cannabisnews.com: Kubby Trial Antics 





Kubby Trial Antics 
Posted by FoM on September 06, 2000 at 09:04:37 PT
Editorial
Source: Orange County Register 
The trial of Steve and Michele Kubby on marijuana possession and trafficking charges – an important case to the future of California’s medical marijuana law based on Prop. 215 – is scheduled to begin today with opening arguments.   Whether it actually begins may depend on whether San Francisco defense attorney J. Tony Serra, Mr. Kubby’s attorney of record, is able to get to the courtroom in Auburn, in Placer County. One of Mr. Serra’s assistants, Carrie Hagin, told us Mr. Serra is involved in a murder trial in San Jose and that the judge in that case insists that Mr. Serra be in San Jose. 
Judge John Cosgrove in Auburn insists that Mr. Serra be there. Mr. Kubby told us yesterday that his plan now, if Mr. Serra is unable to be in Auburn, is to decline to communicate with his other attorneys and to insist on his Sixth Amendment right to counsel of his own choice.   “The judge has known about Mr. Serra’s situation, we have asked for a continuance and he has denied it,” Mr. Kubby told us. “I believe I am being denied my right to counsel of my choice and I don’t think I should have to be placed on trial without Mr. Serra.”   Mr. Kubby believes that Mr. Serra’s absence during pretrial motions contributed to the defense losing most of the motions it made. The defense had sought to question the warrant that led to the Kubbys’ arrest, in part because it was based on surveillance through the couples’ windows from adjoining private property. The police said they had believed the surveillance site was public property. The judge allowed the warrant to stand.   Carrie Hagin, Mr. Serra’s associate, has filed an emergency writ with the state appeals court, appealing the decision not to grant a continuance. She told us that she understands the judge’s desire to get this case, which has been delayed numerous times, moving. But she agrees that Mr. Kubby is entitled to the attorney of his choice, “and I’m not his choice. Mr. Serra is.” The case could be delayed. Or Mr. Kubby and/or Ms. Hagin could be cited for contempt.   The Kubby trial could have an impact statewide. Co-counsel J. David Nick told us that “Prosecutors up and down the state have told me that their prosecutorial program is on hold pending the outcome of the Kubby case. If the Kubbys lose, police … will eagerly adopt all the tactics used in the Kubby case — peering through windows, searching through trash, and cynically portraying cash desposits as drug money to entrap and convict medical marijuana patients.” A great deal is at stake. Stay tuned. Pubdate: Wed, 6 Sept 2000Source: Orange County Register (CA)Copyright: 2000 The Orange County RegisterContact: letters link.freedom.comAddress: P.O. Box 11626, Santa Ana, CA 92711Fax: (714) 565-3657Website: http://www.ocregister.com/Related Articles & Web Sites:The Kubby Fileshttp://www.kubby.org/American Medical Marijuana Association http://www.drugsense.org/amma/ Calif. Libertarian Continues Fighting Oppression http://cannabisnews.com/news/thread6935.shtmlKubby Smokes Marijuana While Waiting for Courthttp://cannabisnews.com/news/thread6875.shtmlCannabisNews Search - Kubbyhttp://cannabisnews.com/thcgi/search.pl?K=KubbyCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml 
END SNIP -->
Snipped
Home Comment Email Register Recent Comments Help




Post Comment


Name: Optional Password: 
E-Mail: 
Subject: 
Comment: [Please refrain from using profanity in your message]
Link URL: 
Link Title: