MOTION ACCUSES KUBBY PROSECUTORS OF BIAS

AUBURN -- A denied motion to keep the Placer County District Attorney's
Office from prosecuting a former gubernatorial candidate and his wife on
drug charges has been refiled.

Superior Court Judge John Cosgrove said the first action filed by attorneys
for Steve and Michele Kubby was not filed in time to give the state
Attorney General's Office time to prepare a response.

Defense attorneys refiled the motion Wednesday and asked for a hearing date
of Oct. 24.

The motion accuses county District Attorney Brad Fenocchio of filing drug
charges against the Kubbys for "improper political and blatantly bias(ed)
purposes."

The Kubbys say they had medical permission to smoke marijuana when police
raided their Squaw Valley home and found 265 pot plants growing there.

Medicinal marijuana is legal in California under a voter-approved
initiative passed four years ago. The Kubbys were vocal advocates of the law.

Steve Kubby, 53, was the Libertarian candidate for governor two years ago.