Document:California Press Release 12 March 1999 Justice Department Agent Key Witness Against Kubby

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400 Capitol Mall, Suite 900
Sacramento, CA 95814
(916) 449-3941
For immediate release: March 12, 1999
For additional information:
Juan Ros, Executive Director
Phone: (818) 506-0200

Justice Department agent key witness against Kubby; Libertarians cry foul

SACRAMENTO -- The Libertarian Party of California has learned that the key witness in the prosecution's case against Steve and Michele Kubby is an employee with the state Department of Justice -- a fact that contradicts Attorney General Bill Lockyer's position that he would not intervene in the Kubby case.

"There is definitely some foul play going on here," charged Libertarian state chair Mark Hinkle. "Mr. Lockyer has repeatedly stated that he refuses to take action in the Kubby case -- yet one of his subordinates is a key prosecution witness. Mr. Lockyer is not playing fair."

Special Agent Supervisor Mick Mollica, who works in the Advanced Training Center of the Director's Office in the Division of Law Enforcement at the Justice Department, provided sworn testimony for the prosecution at the March 2 preliminary hearing of the Kubbys' case.

Steve Kubby, the 1998 Libertarian candidate for governor, and his wife Michele face multiple felony marijuana charges despite being legitimate medical marijuana patients protected under Proposition 215, the Compassionate Use Act passed by California voters in November, 1996.

At the hearing Mollica described himself as a veteran international narcotics officer with 19 years of experience. Mollica's testimony formed the basis of the prosecution's case, which Hinkle considers "flawed at best, completely erroneous and destructive at worst."

The party's discovery of Mollica's employer comes on the heels of a glowing article in Wednesday's Los Angeles Times praising Lockyer's Prop. 215 Task Force, composed of law enforcement officials and marijuana advocates investigating ways of implementing the measure.

"Mr. Lockyer says he wants to see Prop. 215 implemented, but he doesn't appear to have notified his agents yet," noted Hinkle. "If Mr. Lockyer intends to hide behind the Task Force's recommendations to avoid responsibility over non-enforcement of 215, he'd better think again."

On January 21, two days after the Kubbys were first arrested, the Libertarian Party sent Lockyer a letter, urging him to intervene on behalf of the Kubbys. "This isn't the kind of intervention we had anticipated," added Hinkle.

The party acknowledges that Lockyer himself didn't hire Mollica. "That doesn't excuse the Attorney General," said Hinkle. "Responsibility starts at the top -- and Libertarians urge Mr. Lockyer to take responsibility for this situation immediately."