Pubdate: 6 Dec, 2000
Source: Auburn Journal (CA)
Copyright: 2000 The Auburn Journal
Address: 1030 High St., Auburn, CA 95603
Author: Gus Thomson, Journal Staff Writer
Phone: (530) 885-6585

By Gus Thomson
Journal Staff Writer

Michele Kubby defense attorney J. David Nick's pit-bull courtroom style got
the better of him Tuesday.

Nick was fined $200 for misconduct after interrupting Superior Court Judge
John Cosgrove's admonition to the jury in the Steve and Michele Kubby trial,
just before a break.

Prosecutor Chris Cattran's questioning incurred the wrath of Nick, who
described it as "despicable" as the jury was filing out of the courtroom.

Cosgrove, saying he had warned Nick in the past about similar "outbursts,"
sanctioned the defense attorney and fined him $200 for misconduct.

With the jury out of the room, Nick said the prosecution was deliberately
provoking him.

"This is the dirtiest trial I've ever seen," he said. "I'm only human and
I'm seeing a very despicable attempt to convict on innuendo and political

J. Tony Serra, who represents Steve Kubby, defended Nick, saying his
comments were "an aside."

"What bothers me is that this has happened a number of times," Cosgrove

With Cosgrove out of the courtroom on the break, Nick again verbally
attacked Cattran and Deputy District Attorney Gene Gini. The two didn't
respond when he called them "dirty cowards."