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News (Media Awareness Project) - US CA: Wire: MMJ: Outraged Libertarians Blast Court Decision In Kubby
Title:US CA: Wire: MMJ: Outraged Libertarians Blast Court Decision In Kubby
Published On:1999-07-20
Source:PRNewswire
Fetched On:2008-09-06 01:43:45
OUTRAGED LIBERTARIANS BLAST COURT DECISION IN KUBBY TRIAL

AUBURN, Calif., July 20 /PRNewswire/ -- The justice system in Placer County
is "making a mockery of the United States Constitution," the Libertarian
Party of California announced today, in response to court decisions in the
medical marijuana trial of Steve and Michele Kubby.

"This situation is absolutely outrageous," declared Libertarian state chair
Mark Hinkle. "We were already aware that Placer County law enforcement was
ignoring state law, but now we see that the court has chosen to ignore the
Constitution and deny Steve and Michele Kubby a fair trial."

Hinkle's comments were made following the court's decision to deny the
Kubbys a continuance in their trial, which was scheduled to begin today.
Attorneys Dale Wood and Joseph Farina argued that the late delivery on July
9 of CD-ROMs containing data files from the Kubbys' computers was not
enough time to review the files and prepare an adequate defense. The
Kubbys were seeking to delay the trial until September. Today, Judge Larry
D. Gaddas agreed to postpone the trial for just one week to accommodate a
scheduling conflict for Farina. Trial assignment will take place in Auburn
on Monday, July 26.

On July 13, the court denied a motion for the return of the Kubbys'
computers, which were confiscated by law enforcement. The defense team
wanted to investigate the hard drives to determine if authorities had
tampered with the drives.

"It appears that the trial court calendar is more important than the
Kubbys' right to a fair trial," Hinkle stated. "Without the ability to
prepare a proper defense or examine the computer hard drives, this trial is
anything but fair."

Hinkle added that Steve is already facing life-threatening circumstances.
"Since January, authorities have denied Steve access to his medicine --
placing his health at severe risk. How many more of his civil rights are
going to be violated?"

Steve and Michele Kubby were arrested January 19 in Olympic Valley. Steve,
the 1998 Libertarian candidate for governor, has been taking medical
marijuana for over two decades to combat a rare form of adrenal cancer.
Michele suffers from irritable bowel syndrome. Although in full compliance
with Proposition 215, the landmark medical marijuana initiative approved by
voters in 1996, the Kubbys face a combined 19 counts of felony drug charges.

SOURCE - Libertarian Party of California Web Site: http://www.ca.lp.org/
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