The Kubby Story
(and why it matters)
About Medical MJ
Written by Steve
Join the fight!
KUBBY ON POLITICS
climate change now upon us?
a million vertical feet
Steve's F5 flight
selling ski magazine
"This is no more about Marijuana than the
Boston Tea Party was about Tea."
May 1, 2005
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, Christopher Cattran, shown on the right,
willfully and deliberately avoided having to produce this fraudulent
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.
Fortunately, 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:
Nick (Michele’s attorney - shown on the right): "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
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, shown on the left, 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, shown on the right,
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
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. Your future and
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,
SEE DEA FORM LETTER AND SIGNED REPLY BELOW AS PROOF OF FRAUD AND
PERJURY BY PLACER COUNTY OFFICIALS: