Source: Tahoe World (CA) Copyright: 1999 Tahoe World Pubdate: Thu, 11 Feb 1999 Page: Front Page with color photo of Steve and Michele Website: http://www.tahoe.com/world/ Forum: http://www.tahoe.com/community/forum/ Contact: (530) 583-7109 Mail: P.O. Box 138, Tahoe City, CA 96145 Author: Patrick McCartney AUBURN GRAND JURY TO HEAR KUBBY MARIJUANA CASE Former Libertarian candidate Steve Kubby's marijuana cultivation case will be presented to a criminal grand jury, a Placer County prosecutor confirmed Monday. The grand jury hearing is set for Feb. 17. With the decision, the District Attorney's Office will withdraw the existing indictment of marijuana cultivation and possession for sale against Kubby and his wife Michele. The Kubbys were arrested Jan. 19 at their Olympic Valley home by the multi-agency North Tahoe Task Force, which seized 265 plants growing in four rooms. Kubby, 52, openly espoused the use of medical marijuana for his adrenal cancer during a 1998 campaign for governor. He was instrumental in qualifying California's successful Proposition 215 in 1996, which allows the use of marijuana with a physician's approval. Christopher Cattran, a Placer County deputy district attorney, said criminal grand juries are often used by the county's prosecutors. "We view the grand jury as a body of independent people who will impartially review all the evidence and render a fair decision," Cattran said. "It's not unusual, especially in Placer County, for us to go in front of a grand jury." Dale Wood, a Truckee attorney representing the Kubbys, said the decision would deprive Kubby of a public hearing of his case. Grand jury proceedings are secret and the transcript is usually sealed. In addition, defendants are not allowed to be represented by counsel in the proceedings, which serves as an alternative for preliminary hearings by a magistrate in court. Wood called the grand jury hearing an "archaic" procedure, and said he has advised the Kubbys not to attend. The Placer County District Attorney's Office also sought a grand jury hearing for another recent medical marijuana case involving Rocklin dentist Michael Baldwin and his wife Georgia. Their case is pending. - --- MAP posted-by: Richard Lake