KUBBY SAYS HE NEVER GREW FOR S.F. CLUBS

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Pubdate: 6 Dec, 2000
Source: Auburn Journal (CA)
Copyright: 2000 The Auburn Journal
Contact: ajournal@foothill.net
Address: 1030 High St., Auburn, CA 95603
Website: Auburn California News | Auburn Journal
Author: Gus Thomson, Journal Staff Writer
Phone: (530) 885-6585
Related: Official Steve Kubby Home Page


KUBBY SAYS HE NEVER GREW FOR S.F. CLUBS
Defense attorney fined by judge for outburst
By Gus Thomson Journal Staff Writer

Steve Kubby testified Tuesday in Auburn that he sought legal advice before deciding not to grow marijuana for San Francisco or Oakland cannabis buyers clubs.

Kubby, a medical marijuana advocate and 1998 Libertarian Party gubernatorial candidate, said he was given a grower's contract by San Francisco club principal Dennis Peron and took it to Truckee attorney Dale Wood in the
summer of 1998 for guidance.

"He said you don't want to touch it, you don't want to have anything to do with it," Kubby said during his second day of testimony. "I dropped it like a hot potato."

Asked by his defense attorney J. Tony Serra if he had ever grown or provided marijuana for the San Francisco and Oakland clubs, Kubby replied "never."

Kubby asked to explain himself.

"My wife and I were concerned that it would invalidate anything we'd ever done or stood for," he said.

Serra's examination was followed by a sometimes-stormy cross-examination by Placer County Deputy District Attorney Chris Cattran. Cattran's questioning focused on the veracity of Steve and Michele Kubby's contention that the 265 marijuana plants confiscated in a January 1999 raid of their Olympic Valley home were for personal medicinal use. Both Kubbys had doctor's
recommendations to grow and smoke marijuana Michele Kubby for irritable bowel syndrome, Steve Kubby for a rare form of adrenal cancer.

Cattran produced several documents to counter Kubby's contention that the 265 plants were for he and his wife's personal use and covered by Prop. 215 a medicinal marijuana initiative passed by voters in 1996 that he helped put on the ballot.

Cattran showed Kubby a 1992 state Department of Motor Vehicles form the defendant had signed stating that his cancer had been in remission since 1986.

"That is correct," Kubby answered when asked whether he had signed it.

Another letter produced by Cattran this time to a doctor and written in 1991 showed Kubby saying his blood pressure had improved with a
traditional blood pressure medication.

"I don't dispute it but I don't recall it," Kubby said. Kubby said he started smoking marijuana exclusively in about 1994.

Cattran showed Kubby a page of listings broken into rectangles and found on Kubby's computer. Cattran initially asked whether they were labels for supplying marijuana to the San Francisco and Oakland buyer clubs. Defense attorneys Serra and J. David Nick's objection to the question was sustained by Superior Court Judge John Cosgrove.

Instead, Kubby was asked whether the rectangles looked like labels. Kubby said he "cut and pasted" all the information he could find on the Internet about marijuana growing.

"I don't even know if they fit the label size," Kubby said. "They were never intended to be used as labels. This was complete fiction."

Kubby was shown an application for life insurance he signed in July 1996.
Kubby stated on the application that in the previous two years, he had not be diagnosed with or treated for cancer.

Kubby said the statement was true that he hadn't been diagnosed with cancer in that time nor seen a doctor for treatment.

"Were you taking medical marijuana in 1996?" Cattran asked.

"Yes," Kubby answered.

Kubby was also asked about his claim to be "Patient N" in Dr. Linus Pauling's book about Vitamin C as medicine. Kubby had testified last week that he took massive amounts of Vitamin C and it helped curb his cancer. But he stopped because of diminishing results and side-effects, he said.

Kubby examined the reference in Pauling's book and remarked that it was "inaccurate."

"It starts out saying I was a ski instructor," Kubby said. "I was never a ski instructor."

The cross-examination also focussed on a Jan. 12, 1999 letter from the Kubbys to the owner of their rented, $2,500-a-month home. Cattran's queries centered around whether the Kubbys were negotiating to buy the house for $580,000.

Kubby testified he received $1,000 a month for a disability pension and that his online outdoor sports magazine was a money-loser. Michele Kubby had owned a cleaning service but it had been sold in 1998. Kubby said he didn't know how much it had been sold for. Kubby said his main sources of income were donations for his marijuana activism. Money from that source was actually increasing at the time of the raid, he said.

Kubby said the negotiations on the home were more an attempt to deal with owners who were "hounding" them for an agreement.

The Jan. 12 letter mentioned a $580,000 purchase price with a down payment of $50,000 at closing. Kubby said that he wanted to see if the cost of purchasing the house would be less expensive than renting and had enlisted Michele Kubby's father a mathematician to make the calculations.

Cattran asked Kubby if it was his understanding that the negotiations also
included a planned second balloon payment of $50,000 in December 2000. Kubby replied that he didn't remember.
 
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