Libertarian candidate for governor Steve Kubby and his wife Michele were busted last January in a political hit that netted more than 200 high quality medical pot plants that cancer-patient Kubby was growing in his California mountain home.
Now, more than a year after being raided and abused by armed goons, Kubby and his wife are ready to take their challenge against US government aggression to new heights: the long awaited Kubby Trial will finally begin in March. The Kubbys will be tried in the historic Placer County Courthouse in Auburn, California.
Placer County authorities are reeling from public outcry agains their treatment of Kubby and other medical marijuana defendants.
Since his arrest, Kubby has been driven into bankruptcy by legal costs, and by seizure of his money and home furnishings by police and prosecutors. His health suffered; he was forced into exile in Southern California.
Refusing to surrender to despair and anger, Kubby didn’t get mad-he got even. Wife Michele gave birth to a new Kubby girl during the Christmas holidays, and Kubby has made life a living hell for California Attorney General Bill Lockyer, Governor Gray Davis, Placer authorities, and politicians and police in Southern California. He even forced the Placer County Sheriff’s Department, the lead agency that arrested him, to investigate itself.
He has filed numerous official complaints and garnered significant legal and journalistic attention for his allegations that Lockyer, police and prosecutors are violating Proposition 215, the medical pot law written and sponsored by Kubby and Dennis Peron, approved by California voters in 1996.
Kubby’s case spurred the interest of Sacramento investigative journalist Michael Pulley, who has published several hard-hitting articles about misconduct by Placer County Sheriff’s marijuana unit. Pulley’s reports reveal shocking police misconduct that could be as despicable as misconduct that recently came to light in the Los Angeles Police Department’s “Ramparts” scandal. Pulley’s reports indicate that at least 70 cases were tainted by Placer police misconduct.
Kubby had hoped to be represented by a team of defense lawyers that included famed marijuana defense attorney, Tony Serra. But presiding Judge James L. Roeder, who is known as a hard-line, anti-defendant, “hanging judge,” refused to grant Kubby a continuance so Serra could examine massive amounts of new evidence only recently handed over by prosecutors.
Jury selection is scheduled to take place the first week of March; opening arguments are tentatively set for March 5. Court is only in session Monday, Tuesday, and Wednesday; the prosecution says it will need a month to present its case. The defense expects to require less than two weeks to present its rebuttal to prosecution lies.
Pete Brady, a Cannabis Culture journalist falsely arrested two days after the Kubbys were arrested in an attempt by Kubby’s pursuers to get negative information about Kubby, is said by Kubby to be one of the trial’s “star witnesses” for the defense. Kubby said that Dennis Peron, and Jeff Jones (the founder of the Oakland Cannabis Buyers’ Club), are also likely to be witnesses.
As the trial date nears, Kubby continues to throw bombs at police and other officials. He noted that police and prosecutors throughout California continue to ignore Prop. 215.
“The police are breaking the law, attempting to frighten patients away from exercising their new medical rights,” Kubby says. “I’m shocked and disgusted by the way sick, disabled and dying patients are raided, arrested, jailed, humiliated, bankrupted and abused by California law enforcement. The State of California told the voters in the 1996 Ballot Guide that if Prop. 215 passed, patients could cultivate as much medical marijuana as they wanted and still be exempt from prosecution. But now we find out that they lied to us. A narcotics officer in Laguna Beach told me he would raid my home if I grew even one marijuana plant. I defy you to tell me another country that arrests sick people for the crime of exercising rights granted by a free election.”
Kubby notes that police have convinced a state senator, Sen. Maurice Johannessen, R-Redding, to write a stricter version of 215 and try to get it passed into law.
“It is totally unconstitutional,” Kubby says. “The law as written makes it clear that there are no limits to the number of plants or marijuana a person with a medical need can possess. It makes it clear that medical pot users are not subject to prosecution. The fact that police and prosecutors are ignoring 215, claiming that it is too vague so that they can continue to destroy people’s lives, shows that a coup d’etat has taken place in the United States, with police and complicit politicians overruling elections and scorning the will of the populace.”
Kubby says that international media will be covering the trial; he expects the proceedings to be characterized by vicious character attacks by prosecutors, along with attempts to use circumstantial evidence and contrived scenarios to convince jurors that the Kubbys were engaged in illegal activities. Prosecutors have even asked the judge to prevent Kubby from mentioning Prop. 215 in the courtroom, or using it in his defense!
“They’ll lie and spin, just like they always have,” Kubby said, savoring the calm before the storm. “But I am looking ahead to the next race for governor, and intending to lead the Libertarian Party into the governor’s mansion. Voting for ballot initiatives doesn’t work in a police state. We have to take over control of this corrupt government, and force the police and prosecutors to respect the law and human dignity.”
Michael Pulley’s Pulley’s investigative reports can be viewed at:
The Placer County Courthouse, an historic landmark with large golden dome, is located at 101
Maple St., in the City of Auburn, about half an hour east of Sacramento, California. Use the
Maple Street exit off Interstate 80 when traveling east from the Bay Area and Sacramento
County. A map showing how to get to the court is available at