cannabisnews.com: Prosecution Witness Questions Pot Grow Figures 





Prosecution Witness Questions Pot Grow Figures 
Posted by FoM on December 13, 2000 at 05:28:03 PT
By Gus Thomson, Journal Staff Writer 
Source: Auburn Journal 
The prosecution in the Steve and Michele Kubby medi-pot trial put one of its key witnesses on the stand Tuesday in an attempt to rebut earlier defense testimony on the average yield from an indoor pot grow.Despite strenuous objections from defense attorneys J. Tony Serra and J. David Nick, retired state Department of Justice special agent supervisor Mick Mollica was allowed to testify. He said a single marijuana plant, grown indoors, could yield about four ounces of high-potency bud.
The Kubbys were arrested and charged with possession of marijuana for sale after a January 1999 raid on their Olympic Valley home netted 265 plants.Depending on the size of the plant, amount of light and other factors, the yield would range from three to six ounces, Mollica added.Earlier in the trial, "Hemp for Health" author Chris Conrad testified as an expert witness for the defense on yields. Conrad, who has also served as a curator of a museum in Amsterdam devoted to marijuana, said the Kubby yield would be about 3½ pounds.Mollica was also asked to give his opinion of a 1992 University of Mississippi study for the federal Drug Enforcement Administration that estimated the average cannabis plant would produce a half ounce of marijuana. The study had been used by Conrad as a basis for his estimate of the Kubby crop. Taking into account parts of the plants that were not smokeable, dirt and "assorted trash" found in the evidence bags of pot confiscated from the Kubbys, Conrad had told jurors in the Placer County Superior Court trial that the indoor grow's yield would be consistent with personal use.Mollica said that he believed the marijuana grown in Mississippi isn't the same as the marijuana grown in California because of different growing techniques."It's just not possible to have the same yield study for this and the plants we chop down in Northern California," Mollica said. "We grow it differently here than they do."California grows use techniques like deflowering tops to get a bigger unit, he said."Our yields in California are much more," he said.The Mississippi study used outdoor plantings but indoor gardens provide an "all away better situation for growing," Mollica said.Mollica said that by controlling the carbon dioxide in the air, indoor growers can increase yields. He added that there is less product indoors than outdoors because of height limitations and subsequently, less yield.Mollica was blocked by objections from Serra and Nick from giving testimony on the question of whether the Kubby garden was consistent or inconsistent with a medical grow. The two defense attorneys had argued before Judge John Cosgrove that Mollica had no medical expertise.Prosecutor Chris Cattran attempted to move his line of questioning toward the garden's yield and the amount the Kubbys could smoke, based on Mollica's estimate. Again, objections by Serra and Nick to questions on the size of joints Mollica had seen were sustained by Cosgrove.The Kubbys contend that they grew marijuana for their own personal, medical use. Both had doctor's recommendations to use marijuana at the time of their arrests – Michele Kubby for irritable bowel syndrome, Steve Kubby for a rare form of adrenal cancer. Steve Kubby has been a high-profile medical marijuana advocate. He helped put Proposition 215 – the medical marijuana initiative – on the 1996 ballot. In 1998, he was Libertarian Party candidate for governor.Mollica is expected to be cross-examined by the defense today. Cosgrove told jurors that he is attempting to put the case in their hands by Thursday. Complete Title: Prosecution Witness Questions Pot Grow Figures in Kubby TrialSource: Auburn Journal (CA)Author: Gus Thomson, Journal Staff WriterPublished: December 13, 2000Copyright: 2000 The Auburn JournalAddress: 1030 High St., Auburn, CA 95603Phone: (530) 885-6585Contact: ajournal foothill.netWebsite: http://www.auburnjournal.com/Related Articles & Web Site:The Kubby Fileshttp://www.kubby.org/Key Medical Marijuana Trial Nears End http://cannabisnews.com/news/thread7977.shtmlBrian Lungren Says He Was Not Involved http://cannabisnews.com/news/thread7931.shtmlMichele Kubby Breaks Down in Courtroom http://cannabisnews.com/news/thread7923.shtmlCannabisNews Articles - Steve Kubbyhttp://cannabisnews.com/thcgi/search.pl?K=kubby 
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Comment #6 posted by freedom fighter on December 13, 2000 at 16:17:11 PT
So Mollica said could have
Could have in my book is not a proven evidence or fact.So far only thing this district attorney have done is to prove by saying;Kubby could have sold the pot because Kubby had gotten moneyfrom someone. No picture were taken, no product were shown delivered.Kubby could have grown this X amtIf the search warrant is based on Could Haves, does it mean it is valid?I just pray that the jury have better sense than that.
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Comment #5 posted by kaptinemo on December 13, 2000 at 13:16:10 PT:
Unchallenged propaganda
One of the reasons why the antis have been soooo successful in dominating the courtrooms in these cases is because their stale old propaganda has never been effectively challenged. And yet, it is their half-baked progaganda and pseudoscience that is one of the pillars supporting their entire enterprise. Being a history buff, the antis remind me of the French and their much vaunted Maginot Line. The French built it, thought the Wehrmacht would never attack it, and thought they could ignore the threat of war. We all know what happened then. The War on Drugs is one such Maginot Line; the antis have gotten so used to not facing a real challenge to their lies that they have forgotten how to justify their dirty little War. They keep vomitting up all their old lies as if anyone believed them anymore. Were an effective legal challenge mounted against the seeming impregnible fortress of anti lies, it would be seen by even the densest of jury members that the antis efforts at obfuscation are desperate measures to halt the kind of questions that could bring down the entire rotten DrugWar edifice. With Sera and Nick, we are witnessing just such a challenge. They ought to receive medals for what they are doing. They are in the vanguard of what I believe will be a multi-frontal assault upon the anti's supposed scientific, moral and legal rationale. Which will go a long ways towards critically weakening a major leg of the stool the antis are perched upon.By melodramatically trying to sneak Mollica in, the antis have demonstrated just how unnerved they are at the prospect of the truth about cannabis being heard in a court of law, by a jury. By having their surprise chief 'expert' exposed as being anything but, they are attracting even greater scrutiny as to what other 'articles of faith' held as being DrugWar Gospel are in reality anti falshoods.Oh, I wish I could be a fly on the wall, down there. I really do.
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Comment #4 posted by k.tram on December 13, 2000 at 12:20:29 PT
When Pigs Fly
Gotta a get me some of what this jackass is smoking.4 ounces a plant indoor but governments plants in mississippis get less outdoor. But california out door gets a pound.  Guess I ll never grow as good as my government says I can. If this government said it snowed on tyhe 4th of July I guess a certain amount of us would beleive it.  Guess he never heard of Perjury
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Comment #3 posted by greenfox on December 13, 2000 at 10:53:10 PT
The cut
If you're getting a HALF ounce per plant, you're doing something right.
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Comment #2 posted by Vitimin T on December 13, 2000 at 08:12:06 PT:
In pounds that's . . . .
Let's see . . . . 3 to 6 (oz./plant) X 265 plants = 795 to 1590 oz. / 16 (oz./lb.) Grand Totals >>>> 49.69 to 99.38 lbs. This guy Mollica must be pretty swift in a grow room, He should write a grow book!
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Comment #1 posted by Morgan on December 13, 2000 at 07:16:58 PT
4 ounces?
Wow. Anybody know where I can get some seeds for this amazing 4-ounce yield plant? I could retire early
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