cannabisnews.com: Kubby Marijuana Trial Could Go To The Jury





Kubby Marijuana Trial Could Go To The Jury
Posted by FoM on December 14, 2000 at 07:17:25 PT
By Gus Thomson, Journal Staff Writer
Source: Auburn Journal
The question of Steve and Michele Kubby's guilt or innocence on possession-of-marijuana-for-sales charges could go to a Placer County Superior Court jury as early as today.Into its fourth month, the Kubby trial ran out of witnesses Wednesday, with the prosecution resting its case.
Jurors arrived for what was anticipated to be a potential day of cross-examination of retired state Department of Justice special agent Mick Mollica on estimated marijuana plant yields – a key component of the county District Attorney's Office case. Instead, Michele Kubby defense attorney J. David Nick and Steven Kubby attorney J. Tony Serra told Judge John Cosgrove that they had no questions.The jury was excused for the day, minutes after being seated in court. Taken aback, one juror exclaimed "I drove 45 minutes to get here."Earlier, some jurors applauded after learning that closing arguments and juror instructions today could result in deliberations beginning Friday."I'd like to give you a high five on that, judge," called out one juror."I'll take it too," Cosgrove replied.The Kubbys were arrested after a January 1999 raid on their rented Olympic Valley home netted 265 marijuana plants, plus small amounts of hashish, magic mushroom and peyote. After several stops and starts, their trial started in September, took a break and then resumed in earnest in October. The lengthy proceeding has been arduous, with Michele Kubby breaking down in tears and having to leave the courtroom two weeks ago when it became apparent the trial would last much longer than expected.The sheer number of plants alone would have boosted the trial's profile, but Steven Kubby's political resume turned it into a cause celebre for medicinal marijuana advocates. Supporters, including many medical marijuana users, filled many of the seats in the North Auburn courtroom for much of the trial.Steve Kubby was a key player in the passage of Proposition 215 four years ago. In 1998, the Libertarian Party chose him as their gubernatorial candidate and he hammered both major-party candidates on their medicinal marijuana positions. Less than three months later, he was behind bars on a multitude of drug charges.Steve Kubby's advocacy of medicinal marijuana is more than a political stance. He has been diagnosed with a rare form of adrenal cancer and maintained on the witness stand that smoking large amounts of cannabis keeps him alive.Witnesses for the defense said the Kubby garden would produce less than 4 pounds of pot. Mollica testified that each plant would yield from 3 to 6 ounces.Like her husband, Michele Kubby possessed a doctor's recommendation to grow and use marijuana under Prop. 215. Hers was for treatment of irritable bowel syndrome.The prosecution's contention is that money received by the Kubbys from Oakland and San Francisco cannabis buyers clubs was for marijuana sales. Both Kubbys argued the cash and money orders were gifts to fund Steve Kubby's medicinal cannabis advocacy role.After the jury left Wednesday, prosecutor Chris Cattran was unable to have a cannabis club grower's contract with Steve Kubby's name written on it in ink included in evidence. Both Serra and Nick argued the contract had never been introduced in evidence during the trial. Cattran said the prosecution had assumed that it was being included as evidence in a packet of books on drugs confiscated from Steve Kubby's library. Cosgrove said he wouldn't allow the contract as evidence because there was no opportunity for Kubby to be questioned on who wrote the name in."It's prejudicial and you had your chance – I'm not going to allow it as evidence," Cosgrove said.The sampling of Kubby's library selected by prosecutors as evidence also sparked a dispute in the courtroom Wednesday. The books in question were "LSD Problem Child" and an instructional volume on mushroom growing.Serra lobbied for more books dealing with marijuana cultivation, saying the selections weren't representative of the charges. He said he felt both the peyote and mushroom stem found in the Kubbys' house weren't useable amounts."This is not an LSD case," he added. "This is tilting the scale to psychedelics when they're not the main thrust of the case."Cosgrove decided to look through the pile of books himself and selected "Hemp for Health" and a marijuana cultivation guide to accompany "The Psychedelic Source Book," issues of High Times magazine, "The Psychedelic Experience," "Plants of the Gods," "Psychedelic Macropedia," and other books. Note: High profile case putting Proposition 215 to the best.Complete Title: Kubby Marijuana Trial Could Go to the Jury as Early as Today Source: Auburn Journal (CA)Author: Gus Thomson, Journal Staff WriterPublished: December 14, 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/Prosecution Witness Questions Pot Grow Figures http://cannabisnews.com/news/thread7991.shtmlKey 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 #3 posted by Sudaca on December 14, 2000 at 09:04:14 PT
The thought police
I've always thought that comparing the US Gov't tot the 1984 gov't was a bit ridiculous. At this point it's getting close;the prosecution on this case is arguing that Kubby is guilty based on his literature, his interest in reading about psychedelics? Should these books , most of which are quite serious be burned and banned as tools of the Devil, or of traitors to the good work of the US gov't?Hopefully this won't get out of hand. I believe in the good people of Auburn county.
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Comment #2 posted by Ethan Russo, MD on December 14, 2000 at 08:33:38 PT:
Library Contents Implies Guilt?
If the contents of one's library are evidence of guilt, then I am in big trouble. I have hundreds of volumes on cannabis, psychedelics, herbs, and even a few relics of '60's revolutionary thought. This means nothing as to my intent to transgress.
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Comment #1 posted by FoM on December 14, 2000 at 07:42:09 PT:
Related Article
Medical Pot Trial is Winding DownSource: Sacramento Bee (CA)Author: Wayne Wilson, Bee Staff WriterPublished: December 14, 2000Copyright: 2000 The Sacramento BeeAddress: P.O.Box 15779, Sacramento, CA 95852Contact: opinion sacbee.comWebsite: http://www.sacbee.com/Forum: http://www.sacbee.com/voices/voices_forum.htmlFeedback: http://www.sacbee.com/about_us/sacbeemail.htmlBoth sides rested Wednesday in the medical marijuana trial of former gubernatorial candidate Steven Wynn Kubby and his wife, Michele.The Kubbys are charged with conspiracy to commit the crimes of cultivation and possession of marijuana for sale and possession of a controlled substance. Closing arguments will be heard by the Placer County jury today, and deliberations probably begin Friday morning.Steve Kubby, 53, and Michele Kubby, 34, were arrested Jan. 19, 1999, when agents of the North Tahoe Narcotics Task Force raided their Olympic Valley home and seized 265 marijuana plants in various stages of development.The Kubbys contend the cultivation and usage was for medical purposes, consistent with the provisions of Proposition 215, passed by voters in 1996.The prosecution offered no evidence of actual sales but claimed the number of plants suggested a commercial operation. 
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