Pubdate: Tue, 15 Feb 2000
Source: Auburn Journal (CA)
Copyright: 2000 The Auburn Journal
Contact:  1030 High St., Auburn, CA 95603
Website: http://www.auburnjournal.com/
Author: Jessica R. Towhey, Journal Staff Writer
Cited: Steve and Michele Kubby: http://www.kubby.com/
Bookmark: MAP's link to over a hundred articles about the Kubby case:
http://www.mapinc.org/kubby.htm

KUBBYS' TRIAL BEGINS TUESDAY

Judge Turns Down Continuance Request

Medical marijuana proponents Steven and Michele Kubby appeared in an Auburn 
courtroom Monday seeking to delay a trial to prosecute them on charges of 
possession of marijuana for sale.

However, Judge James L. Roeder denied two motions to continue, saying the 
case has dragged on for more than a year and has hit several bumps along 
the road to trial. Furthermore, Roeder assigned the case to himself and 
both parties will appear Feb. 22 to begin the trial phase.

Assistant District Attorney Chris Cattran told Roeder that Monday's request 
for a continuance would set back a case that is already more than a year old.

"We're ready to go and don't see the need to drag this out any further," 
Cattran said.

Most recently, Steven Kubby filed on Feb. 10 for a counselor substitution 
to replace Dale Woods with J. Tony Serra, a well-known San Francisco 
attorney, to represent Steven Kubby.

Michele Kubby will continue to be represented by Joe Farina, who was not 
present in Auburn Monday. According to Woods, who spoke on Farina's behalf, 
Farina had to appear in a Sacramento courtroom for another case.

With more than 3,000 pages of information gathered by the Placer County 
District Attorney's Office to be used against the Kubbys, though, Serra 
petitioned for additional time to review the material.

"I was asked to come in," Serra said. "Maybe I have a greater appetite 
where there is voluminous discovery."

Although Serra said after Roeder squashed the motion to delay trial he 
wouldn't completely rule himself out of the case, Woods indicated in the 
courtroom that Serra would probably be the most effective attorney.

"Without question, this is one of the most vigorously pursued marijuana 
cases I've ever seen," he said. "Mr. Kubby is under the belief that Mr. 
Serra is better suited. Frankly, under the circumstances, I agree."

Although Roeder said he understood Serra's concern about digesting the 
information, he pointed out that up until last week, the same two attorneys 
had been on the case, which was originally set to be tried last May.

With Roeder's decision to press on with the trial, Serra's representation 
of Steven Kubby looks questionable. Serra said his calendar would preclude 
him from appearing in Auburn until April.

Although several hundred pages of documents have been released by the 
District Attorney's Office on Jan. 13 and Jan. 27, 2000, Cattran said the 
information in the stacks were part of the seizure from the Kubby's Olympic 
Village home on Jan. 19, 1999.

Cattran said the information was mostly phone and bank records and 
approximately 300 pages of medical records.

Kubby, an unsuccessful Libertarian California gubernatorial candidate in 
1998, maintains his consumption of marijuana has held in check malignant 
pheochromocytoma, a rare form of adrenal cancer from which he suffers.

During the Jan. 19, 1999 raid on the Kubbys' home by the Placer County 
Sheriff's Office, 265 marijuana plants along with the Kubbys' computerized 
financial files were seized. Both Kubbys maintain they followed a 
physician's recommendation in growing the plants.

The trial will begin at 8:30 a.m. Tuesday, Feb. 22, in Department 4 at the 
historic courthouse on Maple Street. 
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MAP posted-by: Richard Lake