Tuesday, January 31, 2006

Another Steve Kubby Update

Kubby.com has a new update concerning Steve's trial, the arraignment and the defences attempt to get Steve's probation reinstated. No word on it's success. Mr. Kubby will be back in front of the bench on Friday February 3rd.

Friday the 3rd will be the preliminary hearing to set the date for the trial which is estimated to be around February 15th. Bill McPike, Steve's attorney, met with the DA in hopes to be able to work with Placer County Probation Department ot reinstate Steve's probation.

Although Steve is thin and mal-nutritioned, he was pleased to see all of his friends and family in the courtroom, today. A little bit of good news is that he is now being given some Marinol but not the full dose amount he should be getting; 3 instead of 6 and he is has yet to be seen by a doctor.

Michele and the girls set out to cross the border and transport their belongings to the states. There is a little light at the end of the tunnel where Canada is concerned, but more on that at a later time. She and the girls made it across the border without any troubles of any kind, thankfully.

Unfortunately, Steve will be incarcerated the entire time.

It seems that the "authorities" have decided that a person who is ill should get half the needed medication and doesn't need a physician to care for them. Perhaps there's a reason that firemen have paramedics and emergency workers and police forces and prison guards do not?

The SacBee
also has more detailed news of the arraignment.

AUBURN -- Medical marijuana activist Steve Kubby asked a Placer County judge today to let him use cannabis while he serves a 120-day jail sentence for a drug conviction in 2000. The Placer sheriff's department said it is opposed to the idea.

Kubby has contended that he will die in jail if he is not allowed to use cannabis to treat his condition.

Undersheriff Steve D'Arcy said his department's policy is that marijuana will not be furnished in any form to an inmate.

The 59-year-old Kubby made the request through his attorney during a hearing in Placer Superior Court in which the lawyer also asked that his client be released from jail to serve the sentence at his new home in Marin County. The attorney, Bill McPike, said Kubby could wear an electronic device so that his movements could be monitored by authorities.

Judge Robert McElhany made no ruling and scheduled another hearing for Friday. The District Attorney's Office said it has made no recommendation regarding the requests made today.

In the end we have to wait till Friday and hope for the best, because it is painfully obvious that the District Attorney will never assent to Mr. Kubby receiving a drug which is legal in the Republic of California. Contacting the Governor MAY, just may listen to reason and step in. Remember that California is the 5th largest economy in the WORLD, people on the outside do have an effect on them.

In the meantime, we wait and we hope.

The quality of mercy is not strain'd,

It droppeth as the gentle rain from heaven
Upon the place beneath: it is twice blest;
It blesseth him that gives and him that takes:
'Tis mightiest in the mightiest: it becomes
The throned monarch better than his crown;
His sceptre shows the force of temporal power,
The attribute to awe and majesty,
Wherein doth sit the dread and fear of kings;
But mercy is above this sceptred sway;
It is enthroned in the hearts of kings,
It is an attribute to God himself;
And earthly power doth then show likest God's
When mercy seasons justice. Therefore, Jew,
Though justice be thy plea, consider this,
That, in the course of justice, none of us
Should see salvation: we do pray for mercy;
And that same prayer doth teach us all to render
The deeds of mercy. I have spoke thus much
To mitigate the justice of thy plea;
Which if thou follow, this strict court of Venice
Must needs give sentence 'gainst the merchant there.

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