KUBBY CLAIMS HE WAS NEARLY KILLED DURING JAIL STAY

In a bizarre twist to his ongoing campaign against Placer County law
enforcement agencies, medical marijuana advocate Steven Kubby is
accusing deputies of "attempted murder."

Kubby, who is to go to trial Feb. 15 with his wife Michele on
possession of marijuana for sale charges, said in an e-mail sent to
the county Sheriff's Department internal affairs division that he is
legally disabled, terminally ill from cancer, and was "nearly killed"
by the sheriff's deputies.

"I am filing this online claim, as provided at your web site, for the
reckless and inhumane treatment I received in the Auburn jail after
being illegally raided and arrested for political reasons," Kubby
wrote in his complaint.

Kubby was arrested Jan. 19 after a raid of his Squaw Valley residence
resulted in the discovery of 265 pot plants. Kubby, who ran
unsuccessfully in 1998 for governor as the Libertarian Party
candidate, maintains that he needs to "consume" 7 pounds of pot a year
to stave off death from a rare disease ‹ malignant
pheochromocytoma.

Citing the passage of Proposition 215, Kubby said he should be able to
grow and consume as much marijuana as is medically necessary. Since
charges were filed, Kubby has continually criticized the actions of
Sheriff Ed Bonner and District Attorney Brad Fenocchio, as well as
deputies they have assigned to the case.

In keeping with their policy toward Kubby's claims and the charges
before the court, neither Bonner nor Fenocchio would comment on the
latest accusations.

"During the entire three days I was incarcerated in the Auburn jail,
my tormenters mocked me and my wife as medical marijuana patients,
going out of their way to punish us," Kubby said. "Both of us were
exposed to freezing conditions and my wife contracted pneumonia as a
result."

Kubby said he was denied a second blanket and spent a night "shivering
and vomiting " in his holding cell.

"I remember one of my tormenters was a tall, muscular deputy named
"Davis" who threatened me physically because I was too sick to
complete the intake procedure," Kubby said.

Depriving him of marijuana during his jail stay was like depriving a
diabetic of insulin, Kubby said. They knew about my life-threatening
condition and chose to ignore it - even if it meant killing me," Kubby
said.

Kubby has also sent a request for intervention to state Attorney
General Bill Lockyer. In a complaint filed this week, Kubby states
that he was in careful compliance with the Compassionate Use Act
passed by voters in 1996 and should not have been arrested.