Document:California Press Release 20 July 1999 Libertarians Blast Court Decision in Kubby Trial

From LPedia
Jump to navigation Jump to search
400 Capitol Mall, Suite 900
Sacramento, CA 95814
(916) 449-3941
For immediate release: July 20, 1999
For additional information:
Juan Ros, Executive Director
Phone: (818) 506-0200

Outraged Libertarians blast court decision in Kubby trial

AUBURN -- The justice system in Placer County is "making a mockery of the United States Constitution," the Libertarian Party of California announced today, in response to court decisions in the medical marijuana trial of Steve and Michele Kubby.

"This situation is absolutely outrageous," declared Libertarian state chair Mark Hinkle. "We were already aware that Placer County law enforcement was ignoring state law, but now we see that the court has chosen to ignore the Constitution and deny Steve and Michele Kubby a fair trial."

Hinkle's comments were made following the court's decision to deny the Kubbys a continuance in their trial, which was scheduled to begin today. Attorneys Dale Wood and Joseph Farina argued that the late delivery on July 9 of CD-ROMs containing data files from the Kubbys' computers was not enough time to review the files and prepare an adequate defense. The Kubbys were seeking to delay the trial until September.

Today, Judge Larry D. Gaddas agreed to postpone the trial for just one week to accommodate a scheduling conflict for Farina. Trial assignment will take place in Auburn on Monday, July 26.

On July 13, the court denied a motion for the return of the Kubbys' computers, which were confiscated by law enforcement. The defense team wanted to investigate the hard drives to determine if authorities had tampered with the drives.

"It appears that the trial court calendar is more important than the Kubbys' right to a fair trial," Hinkle stated. "Without the ability to prepare a proper defense or examine the computer hard drives, this trial is anything but fair."

Hinkle added that Steve is already facing life- threatening circumstances. "Since January, authorities have denied Steve access to his medicine -- placing his health at severe risk. How many more of his civil rights are going to be violated?"

Steve and Michele Kubby were arrested January 19 in Olympic Valley. Steve, the 1998 Libertarian candidate for governor, has been taking medical marijuana for over two decades to combat a rare form of adrenal cancer. Michele suffers from irritable bowel syndrome. Although in full compliance with Proposition 215, the landmark medical marijuana initiative approved by voters in 1996, the Kubbys face a combined 19 counts of felony drug charges.