Pubdate: Fri, 7 January 2000
Source: Auburn Journal
Copyright: 2000 Auburn Journal
Contact: Auburn Journal <ajournal@foothill.net>
Address: 1030 High St., Auburn, CA 95603
Website: http://www.auburnjournal.com/
Author: Gus Thomson, Journal Staff Writer

Note:  This "bizarre" case threatens to end an extraordinary lifestyle for Placer law enforcement, who depend on pot busts as a major source of income. The Sheriff has a Piper Navajo twin turbo, two Bell 5 seat helicopters, and three custom 5-ton boats with jet drives, powered by twin, fuel injected 502ci V8 marine engines GPS, LORAN, and color digital radar.  D.A.R.E. instructors are even rewarded with expensive new SUVs which proclaim, "This vehicle seized through asset forfeiture."

By Gus Thomson, Journal Staff Writer 

In a bizarre twist to his ongoing campaign against Placer County law enforcement agencies, medical marijuana advocate Steven Kubby is accusing deputies of "attempted murder."

Kubby, who is to go to trial Feb. 15 with his wife Michele on possession of marijuana for sale charges, said in an e-mail sent to the county Sheriff's Department internal affairs division that he is legally disabled, terminally ill from cancer, and was "nearly killed" by the sheriff's deputies.

"I am filing this online claim, as provided at your web site, for the reckless and inhumane treatment I received in the Auburn jail after being illegally raided and arrested for political reasons," Kubby wrote in his complaint.

Kubby was arrested Jan. 19 after a raid of his Squaw Valley residence resulted in the discovery of 265 pot plants. Kubby, who ran unsuccessfully in 1998 for governor as the Libertarian Party candidate, maintains that he needs to "consume" 7 pounds of pot a year to stave off death from a rare disease malignant pheochromocytoma.

Citing the passage of Proposition 215, Kubby said he should be able to grow and consume as much marijuana as is medically necessary. Since charges were filed, Kubby has continually criticized the actions of Sheriff Ed Bonner and District Attorney Brad Fenocchio, as well as deputies they have assigned to the case.

In keeping with their policy toward Kubby's claims and the charges before the court, neither Bonner nor Fenocchio would comment on the latest accusations.

"During the entire three days I was incarcerated in the Auburn jail, my tormenters mocked me and my wife as medical marijuana patients, going out of their way to punish us," Kubby said. "Both of us were exposed to freezing conditions and my wife contracted pneumonia as a result."

Kubby said he was denied a second blanket and spent a night "shivering and vomiting " in his holding cell.

"I remember one of my tormenters was a tall, muscular deputy named "Davis" who threatened me physically because I was too sick to complete the intake procedure," Kubby said.

Depriving him of marijuana during his jail stay was like depriving a diabetic of insulin, Kubby said. They knew about my life-threatening condition and chose to ignore it ­ even if it meant killing me," Kubby said.

Kubby has also sent a request for intervention to state Attorney General Bill Lockyer. In a complaint filed this week, Kubby states that he was in careful compliance with the Compassionate Use Act passed by voters in 1996 and should not have been arrested.