Latest Kubby update
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SEE DEA FORM LETTER AND SIGNED REPLY BELOW AS PROOF OF FRAUD AND
PERJURY BY PLACER COUNTY OFFICIALS:
<http://www.kubby.com/00-DEA.LETTERS.html>
Interview With Steve Kubby About New Revelations In His California Case.
<http://pot.tv/archive/shows/pottvshowse-3671.html>
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KUBBY DEFENSE FUND
http://www.kubby.com/
May 1, 2005
Dear Media Friends,
There's been a dramatic turn of events in the Kubby case. We finally
have evidence that our attorneys believe will overturn Steve’s
convictions and send the prosecutor and arresting officer to prison!
Our legal advisors are now confident that the evidence we have is
sufficient to convict the prosecutor and arresting officer of fraud
upon the court, suppression of evidence, and obstruction of justice.
Here are just a few pieces of the evidence, which we think you will
find very compelling. You’ll see how a DEA report allegedly confirmed
that a guest at our home, Pete Brady, was a Jamaican drug smuggler.
The evidence will show that this non-existent report was used to
fraudulently persuade a judge into signing a search warrant. You’ll
also see how the prosecutor willfully and deliberately avoided having
to produce this fraudulent DEA report.
It all started with the Statement of Probable Cause to obtain the
search warrant, which alleged: "Brady was also checked through DEA’s
N.A.D.I.S. system and there were two returns found. The first returned
was on Brady, Peter. This showed that Brady was part of an
investigation in 1985 with the DEA office in the state of Florida.
Brady gave information and/or was involved with the smuggling of large
quantities of Marijuana from and/or to Jamaica. The second return was
on Helbert, James. This showed that Helbert was part of an
investigation in 1982 with the DEA office in the state of Florida.
Helbert was involved with smuggling of marijuana in Jamaica as well."
(James Helbert was an alleged alias for Pete Brady.)
What is interesting about this quote from the statement of probable
cause is that nowhere in this report is there a physical description of
Pete Brady or James Helbert, nor were the social security numbers
verified, nor birth dates verified. In fact, there wasn’t any
verification at all!
What was to prevent any officer from making up a report about someone
to "catch them" if the descriptive information wasn’t included in the
report? Anyone could have been Peter Brady or James Helbert.
We are so grateful that Pete Brady took the time to follow up on the
details of this statement of probable cause. He wrote the DEA to see
if this N.A.I.D.S. report on him actually existed. When the DEA
replied with a form letter checking off a box which stated that no such
file existed, Pete was furious and wrote a second letter starting an
appeal of action because he had gone to jail over this report.
The DEA replied in a letter dated June 24, 1999, "You were advised by
the DEA on March 24, 1999 that no records responsive to your request
could be located in the indices of that Office. It has been determined
by my staff that its response was correct. Inasmuch as appeals can be
taken only from denials of access to records which exist and can be
located in Department of Justice files, I am closing your appeal file
in the Office."
This was signed by Richard L. Huff, Co-Director.
Then when our legal advisors read the following excerpts from our
trial, the pieces started falling into place:
David Nick (Michele’s attorney): "I can almost assure this court in an
evidentiary hearing that whatever physical description they had of this
Peter Brady that they found on the NADIS index is not anything even
close to what the real Pete Brady that was at Mr. Kubby’s house looks
like. Thanks."
Deputy District Attorney Mr. Cattran: "Your Honor, I am a little bit at
a loss ... These comments by counsel alleging omissions and they
should have done this and might have done this and could have done this
and they omitted this, and I think it was reckless there, they haven’t
met their burden. I mean to even be talking about any of this stuff.
There is a burden to show that – there is a burden here that they need
to show through. I believe evidence, and we are not there. I mean
procedurally, I am not talking about granting a hearing pursuant to
Franks. I am talking about the offer of proof and the requisite
evidence that has to be shown to even address it. I just don’t think
we are there. I don’t know what the court’s feeling on that is if the
court thinks I am all wet."
This convoluted statement by the prosecutor is clearly evasive and
calculated to suppress evidence. Nevertheless the court ruled against
our motion to request a hearing and ask Mr. Lyke, (the arresting
officer), what was actually on the report. The court forced us to
continue with the trial, to our utter disbelief. Now, however, in view
of the DEA's statement to Pete Brady that the report does not even
exist, our advisors believe we have the legal right to challenge the
court's ruling and have Steve's conviction overturned.
Although we thought the DEA letters were compelling, we never got the
chance to bring them up in our appeal, because the appeals court
refused to hear our case unless Steve returned to California. If
returned, he would have been detained in jail and who knows what would
have happened to his health and life. There is no way I am going to
allow Steve to be placed in such terrible danger again. His health has
still not recovered since the arrest here in Canada.
Fortunately, our newest legal advisor, Ed Pearson, came on board to
help us clear up our problems in Canada. When Ed reviewed our US case,
he realized that fraud had clearly taken place and that we had legal
standing to take court action.
Shortly after receiving this extraordinary news, we found another
amazing attorney, a gentleman named Bill McPike, who is based in
California and is ready to take this to court. Bill has already won a
state-wide reputation as a court expert for educating prosecutors and
the courts about medical marijuana by winning case after case. He is
actually getting medicine returned to many patients.
He is even doing this in cities and counties that did not vote for the
Medical Marijuana Initiative -- places like Fresno, Bakersfield, and
Modesto.
Five years of fending off these fraudulent attacks have exhausted all
of the reserves we ever had. We must come to you again and ask you to
help us finally clean up this mess and bring this rogue officer and
prosecutor to justice.
Imagine this: When we overturn these convictions, we will be free! Our
good name will be restored and you will be justified for supporting us
so generously for all of these years. Just as we never gave up, you
have never given up on us.
Together, we finally have an opportunity to turn the tables and expose
the lies the police and prosecutors used to convict an innocent person
like my husband, and put his life and our family in danger.
It is obvious that continuing this fight is vitally important to my
family, but corrupt police and prosecutors are a threat to everyone’s
freedom. Now more than ever the American people need to know that any
officials who break the law and abuse the public trust placed in them,
will be held accountable and brought to justice.
Please write a letter today demanding justice be done in Placer County.
Your future and your freedom may well depend upon the actions we take
today to expose police corruption and hold the government to the checks
and balances provided by our Constitution and Bill of Rights.
Let freedom grow,
Michele Kubby
SEND A LETTER TODAY TO THE AUBURN JOURNAL TO DEMAND JUSTICEl:
<http://www.auburnjournal.com/shared-content/perform/?
domain_name=auburnjournal.com&form_template=letter s>
PLEASE SEND A COPY OF YOUR LETTER TO THE SACRAMENTO BEE AS WELL:
<http://www.sacbee.com/static/live/opinion/letters_form.html>
SEE DEA FORM LETTER AND SIGNED REPLY BELOW AS PROOF OF FRAUD AND
PERJURY BY PLACER COUNTY OFFICIALS:
<http://www.kubby.com/00-DEA.LETTERS.html>
Interview With Steve Kubby About New Revelations In His California Case.
<http://pot.tv/archive/shows/pottvshowse-3671.html>
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