cannabisnews.com: Kubby Fate Rests With Jurors Kubby Fate Rests With Jurors Posted by FoM on December 15, 2000 at 07:34:24 PT By Gus Thomson, Journal Staff Writer Source: Auburn Journal The jury in the Steve and Michele Kubby marijuana trial will begin deliberations today following emotionally charged closing arguments Thursday.Pumped up after nearly four months of proceedings, attorneys for both sides ripped into the opposing case like boxers battling for crucial points in the final minutes of a title fight. Placer County Deputy District Attorney Chris Cattran told jurors that the sheer volume of marijuana grown by the Kubbys could be for no other reason than for illegal sales. And his voice rose in response to defense arguments that prosecution of the Kubbys was a "cynical" attempt to break the medicinal marijuana movement and Proposition 215. Cattran said Prop. 215 "is the law and it is enforced as the law.""What the Compassionate Use Act doesn't stand for is people like the Kubbys profiting from the sale of marijuana," Cattran said.Defense attorneys Tony Serra and David Nick argued there is no direct evidence to suggest the Kubbys were profiting from their grow. Serra's mouth was flecked with a pea-sized froth of foam during a particularly scorching attack on the prosecution's case something he would joke to the jury about later. Nick was a whirlwind of pointed thrusts with his forefinger as he conducted a non-stop verbal assault on the prosecution, its witnesses and the Kubby investigation.Serra told jurors that Steve Kubby was a lightning rod for medicinal marijuana activism and money poured his way to support his work for the cause not from marijuana sales. Steve Kubby was a key player in the passage of Prop. 215 in 1996 and ran for governor in 1998 as a Libertarian."Medical marijuana for many people is like a miracle drug," Serra said. "The big money came to him not because he was running for governor, it was because he was, and is, a symbol of medical marijuana and now a symbol of false prosecution."Nick took the Kubby prosecution one step further, describing Steve Kubby as a potential "big trophy" for prosecutors "trying to make a name for themselves." He said the prosecution was a cynical attempt by "certain law enforcement officials" to fight the validity of the voter approved Prop. 215."Stop the madness," Nick told the jury. "Stop the crusade. Help the Kubbys or the madness will continue."The eight-woman, four-man jury filed out of the courtroom in the evening, and will consider a total of 16 charges against the Kubbys that came after a January 1999 raid on the couple's Olympic Valley home. A total of 265 pot plants were seized from the Kubbys' indoor grow. They contend the marijuana was for their own personal, medicinal use under Prop. 215.The prosecution's case has included a record of Kubby bank deposits totaling $103,000 over 18 months. Many of the sources were anonymous but $27,000 came from an Oakland Cannabis Buyers Club official. The Kubbys say the money was a gift over time, from supporters, to allow Steven Kubby to continue his advocacy work."Ladies and gentlemen, do some math," Cattran said, as he used a marker and large sheet of paper to illustrate the prosecution's calculation that the 107 plants coming to harvest in the Kubbys' main grow room could produce 12,198 one-gram joints. Testimony indicated Steve Kubby smoked six to eight joints a day and Michele Kubby smoked a joint every night, he said.The 12,198 joints would be more than a three-year supply, Cattran said. The prosecution is using an estimate of four ounces per plant a figure defense attorneys say grossly inflates yield. The Kubby defense team of Tony Serra and David Nick produced their own expert witnesses, who pointed to a Drug Enforcement Administration-approved study in 1992 that estimated a quarter ounce per plant. The defense calculation is the Kubby grow would be less than four pounds.During rebuttal, Cattran would add yet another calculation. Multiplying the estimated 26.75-pound yield at the Kubbys by a price of $3,200 per pound, he wrote the figure "$85,600" the amount he said the Kubbys could have reaped from the grow."That's only for production in the east grow room," Cattran said. "You have a commercial operation here, ladies and gentlemen. That's what you have."The main charge against the Kubbys is possession of marijuana for sale. Each is also charged with separate counts of: conspiracy to possess marijuana for sale; cultivating marijuana; conspiracy to cultivate marijuana; possession of magic mushrooms; possession of peyote; possession of hashish; and possession of more than an ounce of marijuana. The possession-of-more-than-an-ounce charge is included as a "lesser offense" Judge John Cosgrove instructed jurors the Kubbys could be considered if they are found not guilty of the possession-for-sale charge. Note: Emotionally charged closing arguments mark finale of lengthy trial proceedings.Source: Auburn Journal (CA)Author: Gus Thomson, Journal Staff WriterPublished: December 15, 2000Phone: (530) 885-6585Copyright: 2000 The Auburn JournalAddress: 1030 High St., Auburn, CA 95603Contact: ajournal foothill.netWebsite: http://www.auburnjournal.com/Related Articles & Web Site:The Kubby Fileshttp://www.kubby.org/Medicinal Pot Case Goes To Jurors Today http://cannabisnews.com/news/thread8009.shtmlKubby Marijuana Trial Could Go To The Juryhttp://cannabisnews.com/news/thread8000.shtmlCannabisNews Articles - Steve Kubbyhttp://cannabisnews.com/thcgi/search.pl?K=kubby Home Comment Email Register Recent Comments Help Comment #5 posted by FoM on December 15, 2000 at 20:30:27 PT Keeping my fingers crossed I thought OJ would have been found guilty too. I really hope the Kubby's are aquitted. Could the Jury do Jury Nullification? [ Post Comment ] Comment #4 posted by dddd on December 15, 2000 at 20:27:57 PT hope All we can do,is hope for the best.It's hard to imagine the jury returning a verdict of 'guilty'.But jurys can be very spooky and suprizing in their verdicts.I thought for sure,that O.J. was going to be found guilty...dddd [ Post Comment ] Comment #3 posted by FoM on December 15, 2000 at 18:11:33 PT Thanks nl5x Thanks nl5x!I'm a little disappointed that they didn't come back with a verdict right away. I guess I just want this to be over for the Kubbys. I hope and pray that they win. I feel really sorry for them having to go thru this weekend wondering what will their future be. One thing I know for sure is they did a great job and brought much needed dignity and respect to medical marijuana and it's issues.Peace, FoM! [ Post Comment ] Comment #2 posted by nl5x on December 15, 2000 at 17:42:03 PT Oakland Guidelines December 15, 2000Auburn, Calif. -- Jurors in the Kubby Medical Marijuana trial met today and asked for a copy of the Oakland Guidelines.In Oakland, a three-month supply would be allowed, which according to the proposed guideline amounts to 30 outdoor flowering plants, 48 indoor flowering plants or 1 ½ pounds of bulk marijuana.If all the plants arent flowering - and thus not harvestable - then users would be able to keep 96 on hand indoors or 60 outdoors.No more than 144 plants would be allowed. Users would have to be able to provide proof of medical use to police. If they do not provide proof within two days, their marijuana would be forfeited.Oakland officials say the amounts were intended to allow patients a three month supply of marijuana and were established on the basis of U.S. Food and Drug Administration tests on the drug that ration users to ten marijuana cigarettes per day. [ Post Comment ] Comment #1 posted by FoM on December 15, 2000 at 17:03:00 PT: AMMA: Trial Update: Jury To Return on Monday THE AMERICAN MEDICAL MARIJUANA ASSOCIATION 15 Monarch Bay Plaza, Box 375, Dana Point, Ca 92629 E-mail: amma drugsense.org Web site: http://www.drugsense.org/amma/ Join our List: http://www.drugsense.org/amma/December 15, 2000Auburn, Calif. -- Jurors in the Kubby Medical Marijuana trial met today and asked for a copy of the Oakland Guidelines. The jury recessed at 3 pm and will be returning on Monday at 9 am to continue deliberations.Meanwhile, attorneys J. Tony Serra and J. David Nick successfully argued before Judge John L. Cosgrove that the hashish charges should be dropped, because it is covered by the Compassionate Use Act. Cosgrove ordered the charges removed, over strenuous objections by the prosecution."Regardless of the outcome, this has been a shinning moment for our movement, because we mounted a world class defense of medical marijuana and the Bill of Rights," said Steve Kubby. "We are grateful for the packed courtroom of supporters and the generosity of our fellow Libertarians, we would never have made it without you." [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: