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The420Guy
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Confident of Steven and Michele Kubby's potential acquittal on
marijuana-possession-for-sale charges, defense attorney J. David Nick said
Wednesday he'll press for continued deliberations when an apparently deadlocked jury returns today in Auburn.
Nick said he believes one juror is opposing acquittal of the Kubbys.
The eight-woman, four-man Placer County Superior Court panel began deliberations Friday and has now spent four, 6-hour sessions behind closed doors.
Nick said he was shown a note from the jury to the judge Wednesday indicating an 11-1 split on most charges. Given jury body language and other clues since deliberations began, Nick said he believes the lone holdout
favors conviction on some of the charges against the Kubbys.
The note from the jury was viewed in judge's chambers and didn't indicate whether the 11-1 votes were for conviction or acquittal, Nick said. But one of the vote totals showed a 12-0 vote on a charge against Michele Kubby of possession of a magic mushroom stem, Nick said. The same charge against
Steve Kubby was 11-1, he said. Nick, who represents Michele Kubby, said there was "absolutely no evidence" indicating his client knew anything about the presence of the mushroom in the couple's home.
"I can't imagine one holdout for acquittal," Nick said. "The prosecution had a weak case to begin with."
The Kubbys were arrested on several drug-related charges after a January 1999 raid on their Olympic Valley home netted 265 pot plants at various stages of growth. Both had recommendations from doctors allowing them to use and grow cannabis for medicinal purposes under Proposition 215. The
prosecution contends the yield from the plants was more than the Kubbys could use and any excess was being sold to Bay Area cannabis buyers clubs.
The jury is to return to court this morning to continue deliberations. Nick said he felt that releasing the contents of the jury's note was allowable because it would become part of the public record for the trial.
Steven Kubby ran as Libertarian Party candidate for governor in 1998. Two years earlier, he was a key to securing funding that helped put Prop. 215 on the ballot. Adopted by voters in 1996, the Compassionate Use Act allows people with doctors' recommendations to grow and use medical marijuana.
Pubdate: 21 Dec, 2000
Source: Auburn Journal (CA)
Copyright: 2000 The Auburn Journal
Contact: ajournal@foothill.net
Address: 1030 High St., Auburn, CA 95603
Website: Auburn California News | Auburn Journal
Author: Gus Thomson, Journal Staff Writer
Phone: (530) 885-6585
Related: Official Steve Kubby Home Page
marijuana-possession-for-sale charges, defense attorney J. David Nick said
Wednesday he'll press for continued deliberations when an apparently deadlocked jury returns today in Auburn.
Nick said he believes one juror is opposing acquittal of the Kubbys.
The eight-woman, four-man Placer County Superior Court panel began deliberations Friday and has now spent four, 6-hour sessions behind closed doors.
Nick said he was shown a note from the jury to the judge Wednesday indicating an 11-1 split on most charges. Given jury body language and other clues since deliberations began, Nick said he believes the lone holdout
favors conviction on some of the charges against the Kubbys.
The note from the jury was viewed in judge's chambers and didn't indicate whether the 11-1 votes were for conviction or acquittal, Nick said. But one of the vote totals showed a 12-0 vote on a charge against Michele Kubby of possession of a magic mushroom stem, Nick said. The same charge against
Steve Kubby was 11-1, he said. Nick, who represents Michele Kubby, said there was "absolutely no evidence" indicating his client knew anything about the presence of the mushroom in the couple's home.
"I can't imagine one holdout for acquittal," Nick said. "The prosecution had a weak case to begin with."
The Kubbys were arrested on several drug-related charges after a January 1999 raid on their Olympic Valley home netted 265 pot plants at various stages of growth. Both had recommendations from doctors allowing them to use and grow cannabis for medicinal purposes under Proposition 215. The
prosecution contends the yield from the plants was more than the Kubbys could use and any excess was being sold to Bay Area cannabis buyers clubs.
The jury is to return to court this morning to continue deliberations. Nick said he felt that releasing the contents of the jury's note was allowable because it would become part of the public record for the trial.
Steven Kubby ran as Libertarian Party candidate for governor in 1998. Two years earlier, he was a key to securing funding that helped put Prop. 215 on the ballot. Adopted by voters in 1996, the Compassionate Use Act allows people with doctors' recommendations to grow and use medical marijuana.
Pubdate: 21 Dec, 2000
Source: Auburn Journal (CA)
Copyright: 2000 The Auburn Journal
Contact: ajournal@foothill.net
Address: 1030 High St., Auburn, CA 95603
Website: Auburn California News | Auburn Journal
Author: Gus Thomson, Journal Staff Writer
Phone: (530) 885-6585
Related: Official Steve Kubby Home Page