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Cannabis Campaigners' Guide News Database result:
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US CA: Kubby Trial Update
ccguide Tuesday 07 Nov 2000 Pubdate: Sun, 05 Nov 2000 Source: Auburn Journal (CA) Copyright: 2000 Auburn Journal Contact: Address: 1030 High St., Auburn, CA 95603 Website: http://www.auburnjournal.com/ Author: Pat McCartney, City Editor Bookmark: http://www.mapinc.org/kubby.htm (Kubby, Steve) Related: http://www.kubby.com/ KUBBY TRIAL UPDATE Drug policy is at the heart of the ongoing prosecution of former Olympic Valley residents Steve and Michele Kubby in Placer County. Steve Kubby was one of the leaders of the 1996 Proposition 215, and was running for governor as a Libertarian in 1998 when Placer County law enforcement launched a six-month investigation after an anonymous note alleged that he was selling the marijuana he grew. One of the other candidates in that gubernatorial race, Dan Lungren of Roseville, has now become a presence in the Kubby case. Lungren was the California attorney general when Prop. 215 passed, and issued a guideline to local law enforcement afterward that said, "(O)ne can argue that more than two plants would be cultivation of more than necessary for personal medical needs." On Tuesday, Dep. District Attorney Chris Cattran referred to Lungren's notorious two-plant standard, which medical marijuana advocates say was an attempt to thwart the intent of Prop. 215, in challenging a defense expert's conclusion that the Kubbys' garden was for personal, medical use. In other developments, Judge John L. Cosgrove tossed out three minor charges of the 19 counts against the Kubbys. And Cosgrove ordered the sheriff's department to investigate who planted anti-medical marijuana fliers in the jury room. "We infer that it was an inside job," said defense attorney Tony Serra. "It must have come from someone privy to the workings of the inside room, which in the jury process is the holy of holies." Serra thanked Cattran for bringing the discovery of the fliers to the court's attention. "I share your outrage," Cosgrove said in ordering an investigation. But the judge noted that witnesses and attorneys have access to the room on two days a week, complicating the search for the culprit. - --- MAP posted-by: Don Beck
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