STEVE KUBBY'S TRIAL CONTINUES

California Med-Pot-Activist Fights Charges In High-Profile Trial.

Midway through his landmark medical marijuana case, Steve Kubby and
his wife Michele took advantage of a trial an unusual recess in an
unusual way, with unusual results.

The trial, which has attracted the attention of major television
networks and newspapers, opened in September, with the Kubbys
represented by a legal team headed by two of California's fiercest
"marijuana attorneys," David Nick and Tony Serra.

Serra is a legendary Bay Area criminal defense lawyer whose commitment
to justice was memorialized in an epic movie, starring James Woods,
called "True Believer."

Nick has represented Dennis Peron and other major pot defendants. He's
known for cocky courtroom behavior backed up by prodigious legal
skills and a genuine dislike of police state drug war tactics.

Nick was even able to convince Superior Court Judge John Cosgrove to
grant a three-week recess after the long-delayed trial had started.
The cause for the recess: Nick got married, and Cosgrove wanted to go
on vacation.

Before the recess, however, Nick and Serra took turns bludgeoning the
star prosecution witnesses. They got Detective Michael Lyke to admit
that he spied on the Kubbys in the middle of the night by standing on
private land and watching them through their windows. Another
detective admitted searching Kubby's garbage cans and finding written
invitations for law enforcement officers to come and inspect the
couple's legitimate medical marijuana gardens.

Lyke also admitted that he had been searching the Kubby's home for
four hours on the day of Kubby's arrest in January 1999, when Placer
County District Attorney Chris Cattran, the same DA who is now
prosecuting the Kubbys, showed up during the search to confer with the
detective. Lyke admitted that he had previously met with Cattran to
discuss the Kubby case.

The Kubbys' lawyers suggested that these conferences prove collusion
between the prosecution and police before the Kubbys were even
arrested. The Kubbys further allege that the collusion was based on a
political hit ordered by Kubby's opponents in the California
gubernatorial elections. Kubby was the Libertarian Party candidate for
governor in that year's election, and was nearly picked to be the
Party's candidate for vice president during this year's campaign.

Kubby allies speculate that the political hit is tied to the
questionable "anonymous letter" that police claim caused them to begin
their investigation in 1998. They note that Kubby's opponent in the
election was Attorney General Dan Lungren, a Republican anti-pot
fanatic who led the fight against Prop. 215 and Dennis Peron.

Lyke claimed that even though the Kubby search was the first marijuana
cultivation search warrant he had executed, his "expertise" led him to
believe that the Kubby's basement indoor marijuana garden containing
more than 200 plants was a commercial operation rather than solely for
the Kubby's personal medical use.

But intense questioning from Serra cast doubt on Lyke's credibility
and conclusions. Lyke was forced to admit that he did not understand
how to calculate yield per plant, and that his estimate of the crop's
value and the Kubby's motivation for growing might have been totally
wrong.

Cannabis Culture journalist Pete Brady has already become an issue in
the trial. Lyke said he watched Kubby and Brady trim a marijuana plant
during a New Year's day surveillance. In his affidavit to obtain a
search warrant, Lyke falsely claimed that a DEA file listed Brady as
TWO Jamaican marijuana smugglers. Brady's a white guy with short
blonde hair and no dreadlocks!

"I've never been a Jamaican or a pot smuggler," he said. "I had never
been to Jamaica until I visited it last year to write an article for
Cannabis Culture. Kubby and I engaged in no criminal activity at all.
Could it be that police might actually be dishonest and fabricate
false 'facts' to back up an affidavit for a search warrant? I think
the answer to that question will be found in the Kubby trial."

Lyke had Brady arrested two days after the Kubbys were raided, and
later called Brady to try to force him to testify against the Kubbys.
Instead of testifying against Kubby, Brady angrily informed Lyke that
he had been taking pictures of Kubby's plant for a Cannabis Culture
article, not participating in the fictitious marijuana conspiracy that
Lyke had wrongly concocted.

When Lyke asked Brady about health store hemp oil that Lyke had seized
from Kubby's refrigerator, Brady informed Lyke that hemp oil was a
legal product, not the hash oil Lyke assumed that it was. Kubby's
attorneys forced Lyke to admit that he had seized the oil in error.
Brady later did a Freedom of Information Act records request from DEA,
and was told by the agency that they had no file on him at all.

Steve Kubby made sure that the fireworks in the courtroom were matched
by events outside it. In August, for example, Kubby and six other
medical marijuana patients, including Elvy Musikka and Jane Wierick,
lit up joints within a few yards of the courthouse and the district
attorney's office. Officials took no action against the tokers.

When the recess was announced, Steve and Michele decided to literally
go "back to nature." Kubby has long taught that humans need nature as
a form of spiritual and physical rejuvenation, but having a
four-year-old daughter and a nine-month-old daughter would have
discouraged less courageous parents.

"We headed out to a remote location near Yosemite and spent a week
camped above 10,000 feet, among pristine alpine lakes, soaring granite
peaks, and glaciers, completely alone with Nature," Kubby said. "We
had those kinds of timeless moments where all thought falls away and
you are left completely in the moment and grateful for life, grateful
for love and each other. These are the kinds of bedrock realizations
that communing with nature can provide. We needed it."

Kubby said that the family nature retreat helped him and Michele view
their arrest and trial without fear and worry.

"We know we're innocent. We didn't seek this fight, but we will not
run from it," said Kubby, a cancer survivor whose doctors say medical
marijuana has helped save his life. "We know the Constitution and Bill
of Rights have been almost completely subverted by the drug war, and
that all of us have an obligation to help restore the dream of freedom
and individual responsibility that can make our country great again. I
hope everyone will wake up, see what they are losing, and help us end
this war once and for all."

KUBBY TRIAL INFO: Trial resumes October 11th and is expected to go
until mid-November. Trial days are Tuesday, Wednesday, and Thursday,
from 9:30 A.M. to 4 P.M.

DIRECTION TO DEWITT CENTER COURT: Coming from Sacramento and the Bay
Area, take Interstate 80 through Auburn and exit at the Bell Road
exit. Turn left on Bell Road and go about 2 miles down Bell Road. At
about the 2 mile point you will approach the intersections of Highway
49 and Bell Road. Continue going straight through that intersection
for about 2 more blocks until you find First Avenue, then turn left
onto First Avenue. Go down First Avenue to B Avenue and take a right.
The Courts are located about in the middle of B Avenue on your
left-hand side. Parking is available on the right hand side of that
street, directly across from the Courts. Detailed map of DeWitt Center
at: www.placer.ca.gov/maps/dewitt1.htm

LODGING INFO: Holiday Inn, Auburn, California Address: 120 Grass Valley
Highway Auburn, California 95603 USA Phone No.: (530) 887-8787 Fax No.:
(530) 887-9824 E-Mail: hiauburn@rimcorp.com Book a Room: www.holiday-inn.com
or call the Hotel direct at (530) 887-8787 URL:
www.rimcorp.com/OurHotels/Tours/AuburnHI/auburnhi.html

Kubby Defense Fund 15 Monarch Bay Plaza, Box 375 Dana Point, CA 92629;
email steve@kubby.com; website www.kubby.com