1JoeSky_IVXX
05-16-2005, 09:58 PM
*
For Immediate Release:
May 16, 2005, 5:00 PM PST
PLACER COURT REFUSES TO HEAR EVIDENCE OF FRAUD, KUBBY'S DECLARE VICTORY
*
AUBURN, CALIFORNIA -- Placer County Judge John Cosgrove on Monday
refused to hear a motion by medical-marijuana patient Steve Kubby
establishing compelling evidence that Placer County authorities
committed fraud in 1999 to obtain a search warrant against him.
*
Judge Cosgrove ruled that Kubby cannot seek a new hearing through a
writ of error coram nobis in the original jurisdiction, but must seek
relief in the state appellate court that affirmed his conviction.
Cosgrove also indicated that Kubby’s status as “a fugitive” weighed in
his decision.
*
"We've done our job, it is the judge who failed to do his," stated
Michele Kubby from her home in British Columbia. "We have shown through
evidence never refuted or denied by the District Attorneys office nor
the court, that a fraud has been committed upon the court. The court's
mandate is to look at the evidence presented impartially and render an
objective decision.
*
“In addition, the law mandates that when a conviction is obtained
through fraud, that conviction is void and in fact never existed. For
the judge to declare Steve a fugitive from a fraudulent conviction, is
simply a convenient legal fiction to avoid dealing with serious
criminal actions by Placer County officials."
*
Steve Kubby, the 1998 Libertarian Party candidate for California
governor, blasted the judge’s unwillingness to examine evidence that
law-enforcement resorted to fraud in order to arrest and prosecute him.
*
“Nobody is safe if the police can make up evidence, the prosecutors can
lie, and the court covers it up,” Kubby said Monday.
"My legal advisors tell me that today's decision is a victory for
several reasons," Kubby added. "First of all, this exonerates me by the
failure of the D.A.'s office and the court to refute or deny by
affidavit evidence the evidence before them. Second, this provides
standing for me to sue Placer County officials civilly. And third,
under Canadian Law I am now free to pursue business and travel
opportunities."
*
Kubby and his wife, Michele, have lived in Canada following his
December 2000 conviction for drug-law violations while living in Placer
County’s Olympic Valley. They did not flee, but went to Canada with the
permission of the court that now says that they are fugitives.
*
Kubby relies exclusively on cannabis to control the symptoms of adrenal
cancer, which he had fought with surgery and conventional medicine
before adopting cannabis as a more effective treatment in the 1980s.
According to leading cancer specialists in both California and Canada,
nothing else will keep him alive. Consequently, Health Canada has
licensed Kubby to grow 137 plants and store 13 pounds and travel
anywhere in Canada with 2 pounds of medical marijuana.
*
Solely on the basis of one anonymous letter sent to authorities, the
North Tahoe Narcotics Task Force launched a 6-month investigation of
Kubby and his wife, Michele, during Kubby’s 1998 campaign for governor.
A large number of heavily armed police searched their Olympic Valley
residence on Jan. 19, 1999, after obtaining a warrant by telling a
judge that the DEA had identified a visiting journalist as a Jamaican
drug smuggler. The journalist, Pete Brady, later attempted to acquire
the DEA N.A.D.I.S. report under the Freedom of Information Act, but was
informed no such record existed, according to a brief filed by Auberry
attorney Bill McPike.
*
In the brief seeking a writ, McPike claimed Placer County authorities
had “willfully and knowingly misled the Magistrate” when they testified
about the alleged statements from the DEA.
*
"What's going on here?" questions Steve Kubby. "There are three
questions that remain from today's hearing in Placer County. One,
where's the DEA report? Two, why are the Placer authorites trying to
cover this up? And three, how far up does the cover up go?"*
*
================================================== ======================
=========================
SEE DEA FORM LETTER AND SIGNED REPLY AS PROOF OF FRAUD AND PERJURY BY
PLACER COUNTY OFFICIALS:
<http://www.kubby.com/00-DEA.LETTERS.html>
================================================== ======================
=========================
-30-
For Immediate Release:
May 16, 2005, 5:00 PM PST
PLACER COURT REFUSES TO HEAR EVIDENCE OF FRAUD, KUBBY'S DECLARE VICTORY
*
AUBURN, CALIFORNIA -- Placer County Judge John Cosgrove on Monday
refused to hear a motion by medical-marijuana patient Steve Kubby
establishing compelling evidence that Placer County authorities
committed fraud in 1999 to obtain a search warrant against him.
*
Judge Cosgrove ruled that Kubby cannot seek a new hearing through a
writ of error coram nobis in the original jurisdiction, but must seek
relief in the state appellate court that affirmed his conviction.
Cosgrove also indicated that Kubby’s status as “a fugitive” weighed in
his decision.
*
"We've done our job, it is the judge who failed to do his," stated
Michele Kubby from her home in British Columbia. "We have shown through
evidence never refuted or denied by the District Attorneys office nor
the court, that a fraud has been committed upon the court. The court's
mandate is to look at the evidence presented impartially and render an
objective decision.
*
“In addition, the law mandates that when a conviction is obtained
through fraud, that conviction is void and in fact never existed. For
the judge to declare Steve a fugitive from a fraudulent conviction, is
simply a convenient legal fiction to avoid dealing with serious
criminal actions by Placer County officials."
*
Steve Kubby, the 1998 Libertarian Party candidate for California
governor, blasted the judge’s unwillingness to examine evidence that
law-enforcement resorted to fraud in order to arrest and prosecute him.
*
“Nobody is safe if the police can make up evidence, the prosecutors can
lie, and the court covers it up,” Kubby said Monday.
"My legal advisors tell me that today's decision is a victory for
several reasons," Kubby added. "First of all, this exonerates me by the
failure of the D.A.'s office and the court to refute or deny by
affidavit evidence the evidence before them. Second, this provides
standing for me to sue Placer County officials civilly. And third,
under Canadian Law I am now free to pursue business and travel
opportunities."
*
Kubby and his wife, Michele, have lived in Canada following his
December 2000 conviction for drug-law violations while living in Placer
County’s Olympic Valley. They did not flee, but went to Canada with the
permission of the court that now says that they are fugitives.
*
Kubby relies exclusively on cannabis to control the symptoms of adrenal
cancer, which he had fought with surgery and conventional medicine
before adopting cannabis as a more effective treatment in the 1980s.
According to leading cancer specialists in both California and Canada,
nothing else will keep him alive. Consequently, Health Canada has
licensed Kubby to grow 137 plants and store 13 pounds and travel
anywhere in Canada with 2 pounds of medical marijuana.
*
Solely on the basis of one anonymous letter sent to authorities, the
North Tahoe Narcotics Task Force launched a 6-month investigation of
Kubby and his wife, Michele, during Kubby’s 1998 campaign for governor.
A large number of heavily armed police searched their Olympic Valley
residence on Jan. 19, 1999, after obtaining a warrant by telling a
judge that the DEA had identified a visiting journalist as a Jamaican
drug smuggler. The journalist, Pete Brady, later attempted to acquire
the DEA N.A.D.I.S. report under the Freedom of Information Act, but was
informed no such record existed, according to a brief filed by Auberry
attorney Bill McPike.
*
In the brief seeking a writ, McPike claimed Placer County authorities
had “willfully and knowingly misled the Magistrate” when they testified
about the alleged statements from the DEA.
*
"What's going on here?" questions Steve Kubby. "There are three
questions that remain from today's hearing in Placer County. One,
where's the DEA report? Two, why are the Placer authorites trying to
cover this up? And three, how far up does the cover up go?"*
*
================================================== ======================
=========================
SEE DEA FORM LETTER AND SIGNED REPLY AS PROOF OF FRAUD AND PERJURY BY
PLACER COUNTY OFFICIALS:
<http://www.kubby.com/00-DEA.LETTERS.html>
================================================== ======================
=========================
-30-