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Kubby to be continued

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May 05,00
By Jessica R. Towhey
Auburn Journal
A fifth judge approved another delay Thursday in the medical marijuana trial of former Libertarian gubernatorial candidate Steven Kubby and his wife, Michele Kubby. The continuance will set the case back another two months. Judge John L. Cosgrove, who took over the case earlier this week from
Judge James Roeder, agreed with defense attorneys Carolyn Hagin and J.David Nick that more time was needed to decipher the mountains of prosecution evidence in the case.
"Give me two months and I will be here and I will try this case, barring some catastrophe," said Nick, who signed on Monday morning to represent Michele Kubby.Hagin, an associate in the San Francisco firm of J. Tony Serra that will
represent Steven Kubby, said defense attorneys intend to file several motions the previous defense attorneys did not file, including suppression of evidence. Prosecutors remained steadfast in their opposition to yet another delay in atrial that once was slated to begin in July 1999."There's a point with every case where it finally has to be tried," Supervising
Deputy District Attorney Gene Gini said afterward about a case that has bounced around the county court system for more than 18 months.
On Jan. 19, 1999, the Placer County Sheriff's Office raided the Kubby's Olympic Village home and confiscated 265 marijuana plants in various stages of growth, the couple's computerized financial records and computer hardware.
When the case was first scheduled to begin in July, however, Michele Kubby developed complications during pregnancy and the case was put off until February. Roeder — the third judge to be bounced off the case by preemptory strikes — allowed the Kubbys to fire their attorneys in early March. But when the two sides appeared before Roeder Monday, Michele Kubby was
without representation, having been unable to reach a financial agreement with attorney Eric Berg. "As time goes on memories fade," said Deputy District Attorney Chris Cattran, echoing a statement Roeder made Monday. "That, I'm sure, will be exploited. People make mistakes ... they forget things." Outside the courtroom, the Kubbys expressed frustration at the delay but said it was necessary so their attorneys could prepare for a trial that they hope will challenge Placer County law enforcement agent's opposition to the
Compassionate Use Act of 1996 — passed by state voters as Proposition 215. "We have wanted to go (to trial)," Steven Kubby said. "We are ready to go and we have the right judge."
The trial — barring any more setbacks — will begin at 8:30 a.m. in Cosgrove's courtroom in Department 10 at the DeWitt Center.

Published: May 5, 2000
Copyright: Auburn Journal