BRIAN LUNGREN SAYS HE WAS NOT INVOLVED IN INVESTIGATION

Former Attorney General's Brother Testifies In Pot Trial

The brother of former state Attorney General Dan Lungren testified Thursday
that he never took part in surveillance or reported to anyone on the
actions of medi-pot trial defendants Steve and Michele Kubby.

An Olympic Valley neighbor of the Kubbys at the time of their January 1999
arrest on growing-marijuana-for-sales charges, Brian Lungren served as a
rebuttal witness for the prosecution. Earlier in the trial, Michele Kubby
had mentioned Brian Lungren during questioning on her psychological state
before the raid. Her testimony was that she felt the house was under
surveillance.

Brian Lungren simply answered "no" after prosecutor Chris Cattran asked
whether he was involved in surveillance surrounding the Kubbys or whether
he made reports on them to anyone.

Brian Lungren's description of his relationship with the Kubbys was one of
fleeting encounters on a trail behind their homes and little more than an
exchange of pleasantries. The Kubbys lived seven houses down from Lungren.

Lungren said he declined Steve Kubby's one attempt to talk politics.
Lungren said he was probably on a run along the trail and didn't want to be
disturbed.

"I recall him saying something about stopping to talk on a political
issue," Lungren said. "I said that I didn't want to talk - see you later."

Brian Lungren testified that he couldn't recall whether the attempted
discussion was on Proposition 215 or Steve Kubby's gubernatorial candidacy.

There was no hostility at that time or during any of the other few times
they met on the trail, he added.

Michele Kubby had testified that she was terrified of the surveillance,
couldn't sleep and had nightmares. During a portion of her testimony on her
fears, she touched on seeing footprints in the snow going completely around
the house and suspicious cars on the cul-de-sac. And she testified on what
she described as a breakdown in a friendly relationship with Brian Lungren.

Lungren was a campaign strategist in his brother's run for governor in 1998