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Kubbys fire attorneys, trial delayed

JESSICA R. TOWHEY, Auburn Journal

AUBURN – Steve and Michele Kubby, on trial for possession and conspiracy to cultivate and sell marijuana and possession of controlled substances, fired their attorneys this week.

Superior Court Judge James L. Roeder ruled in favor of the Kubbys’ petition to relieve their attorneys from the case last Tuesday.

According to Steve Kubby, the attorneys Dale Wood and Joseph Farina are potential witnesses in the medical marijuana trial that is now expected to start on May 1.

“There is a very distinct possibility that we will be called as witnesses,” Wood said Wednesday.

According to Steve Kubby, he and Michele consulted with their attorneys as they proceeded with a grow operation of medical marijuana at their Olympic Valley home.

The Kubbys were arrested Jan. 19, 1999 at their house where Placer County deputies found 265 marijuana plants along with other controlled substances.

“(Our attorneys) advised us long before we were arrested on how to act,” Steve Kubby said.

“Anytime we were considering an action that could have legal repercussions, we asked them for their advice.”

In addition, Roeder attempted to negotiate an out-of-court settlement that would not have included time in jail, but the defense and the Placer County District Attorney’s Office could not agree on terms.

According to Deputy District Attorney Chris Cattran, the prosecution offered two felony counts on Steve Kubby and one misdemeanor count for Michele Kubby.

“I think we made them more than a fair offer,” Cattran said last Wednesday.

Michele Kubby’s attorney Joseph Farina at first moved to dismiss charges against his client, Cattran said.

After Roeder decided against dropping the charges, the Kubbys decided to proceed with the trial.

“In our minds, we are not guilty,” Michele Kubby said. “We made a decision early on that we would rather be dead than live under their probation system.”

Cattran said it did not matter if the Kubbys wanted to settle or proceed with the trial, which could last up to two months.

“If they want to plead guilty and accept responsibility for what they did, fine. If they want to go to trial, they have a constitutional right to that as well,” he said.

Because the Kubbys are now representing themselves, when they return to court in May, they will most likely file to present a new attorney or attorneys.

On Feb. 15, Roeder denied a motion to substitute Wood with J. Tony Serra, a well-known San Francisco attorney.

Serra said at the time he could not take the case unless it was delayed for at least a month.

The Kubby’s case has been recessed until May.


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