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Attorney General
Bill Lockyer

Complaint Form
(Print Form Fill Out and Mail)
Department of Justice
Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
(916) 322-3360
(800) 952-5225 California only
I wish to file a complaint against the party named below. I understand that the Attorney General does not represent private citizens seeking private remedies. I am, however, filing this complaint to notify your office of my allegations so that it may be determine if a law enforcement or statewide legal action is warranted.
Complaining Party Complaint Against
Name  Steve Kubby
Investigator Michael Lyke 
Deputy D.A. Christopher Cattran Placer 
Deputy D.A. Eugene Geni 
District Attorney Bradford Fennochio 
Under Sheriff Steve D'Arcy 
Sheriff Ed Bonner

Address I have concerns about giving you my physical location
Address Placer County
CityStateZip Code
CityState   California  Zip Code
Home Phone Number _(949) 584-9435_______________________

Work Phone Number ________________________

Preferred method of contact:  (circle one)

Home             Work


Have you contacted your local authority?   (circle those which apply)   Police, Sheriff,  District Attorney,  Grand Jury

Have you contacted another state agency?

___No  ___Yes  If yes, name of agency _____________________________
Have you contacted an attorney?
Is there a court action pending?
___No  ___Yes
___No  ___Yes If yes, name of Court__Placer County Superior Court__
Have you lost a lawsuit in this matter? ___No  ___Yes
Please provide a factual statement which clearly describes the date, place and nature of the incident which compels you to file a complaint against the above-named party, with this office.

I am a legally disabled terminal cancer patient.  My disability requires that I consume large amounts of medical marijuana, about 7 pound a year.  I can provide medical evidence from the University of Southern California that I have outlived all other patients with my disease, because of my use of medical marijuana.  This is the only medicine I use and it is the only thing which keeps me from having a heart attack or stroke, according to extensive medical documentation by my USC physicians.

In the election of 1996, Attorney General Dan Lungren, Sheriff Brad Gates and several major law enforcement officials and agencies made the following official statements in the California Voter Pamphlet: 
 

"Proposition 215 legalizes marijuana use for 'any other illness for which marijuana provides relief.' This could include stress, headaches, upset stomach, insomnia, a stiff neck . . . or just about anything." 

"Proposition 215 does not require a written prescription. Anyone with the 'oral recommendation or approval by a physician' can grow, possess or smoke marijuana. No medical examination is required." 

"This initiative makes marijuana available to the public without FDA approval or regulation." 

"This initiative allows unlimited quantities of marijuana to be grown anywhere . . . without any regulation or restrictions." 

"It is marijuana legalization."


Listed below these bold public assertions were the following organizations: 

  •  The California State Sheriffs Association 
  •  The California District Attorneys Association 
  •  The California Police Chiefs Association. 
  •  The California Narcotic Officers Association and 
  •  The California Peace Officers Association 
From: 1996 Election Ballot Guide:  http://vote96.ss.ca.gov/Vote96/html/BP/215noarg.htm
 

Patients and caregivers acted in good faith following passage of 215 and have been cynically arrested by narcotics agent, acting under your authority, who seek to invalidate the voters will and the present state law.

My wife and I are victims of those who seek to gut Prop. 215 and punish those behind it.

A full scale, multi-agency investigation was initiated against me, within 24 hours of receiving wild accusations in a single anonymous letter. The El Dorado Sheriff's deputy who received the letter and then mailed it on to Placer Sheriff's department called it "weak and nonspecific." Placer County Sheriff's Deputy Ed York rushed to open a case against me, starting his police report by stating that I openly advocated medical marijuana use.

A few days later, I received a tip that I was a political target of narcotics agents who wanted revenge against me. I was advised to watch for a green Jeep with blackened windows. Several days later, we spotted the infamous green Jeep watching us from a point just up the street.

Outraged that we had been placed under surveillance, we began documenting every aspect of our garden, showing how we were complying with the law. I even sent messages in the trash for the narcs to read when they were examining our garbage. These messages, entitled "ATTENTION LAW ENFORCEMENT." and gave exact details about my terminal illness and how I could die if deprived of my medical marijuana. I also stated that at no time did I intend to possess more than a six month supply of 3.5 pounds.

Twenty armed officers from four different agencies stormed our Squaw Valley home early on the morning of January 19, 1999. Armed with laser guided automatic weapons, body armor and a battering ram, a SWAT team from the North Tahoe Narcotics Task Force blocked off our street, raided our home and confiscated almost everything of we own.

The invaders then destroyed my plants, gardening equipment and ALL of my life-sustaining medicine, throwing my body into the equivalent of diabetic shock. Without medical marijuana to protect me from the deadly effects of my tumors, I began to uncontrollable vomiting by the end of the day. By the end of my three days in jail, I was blind in my left eye and suffering excruciating pain.

During the entire three days I was incarcerated, my tormenters mocked me as a medical marijuana patient, going out of their way to punish me. On January 21st, I was in my cell vomiting into the toilet, against my repeated objections, I was forced to attend breakfast where my bouts of vomiting could be witnessed by the rest of the inmates who were trying to eat their meal.

The Task Force also seized all of our electronic publishing equipment. That action effectively killed our on-line magazine, Alpine World, which had been rated as the 25th top electronic magazine in the world. This raid destroyed our primary source of income, forcing us out of our home and into bankruptcy.

The Task Force confiscated our passports and social security cards. They stole our company's $2,000 in petty cash and then went through our safe deposit box were they took our little girl's two $50 savings bonds. They even took the cash out of our wallets.

Then they arrested us, handcuffed us, and took us away to jail for three days. After taking everything we own, they arbitrarily set bail at $200,000. Fortunately, our attorneys were able to persuade a judge to drop all bail and release us on our own recognizance. There is no way we could have raised such outrageous bail and I probably would have died from a stroke or heart attack, before I ever got released.

Although both my wife and I are legal patients with doctor recommendations we face a 19 count criminal indictment, just for the crime of using a medicine, which is not government, approved. Absolutely none of our medical marijuana was ever sold or illegally distributed.

The City of Oakland is the only jurisdiction in California that has set guidelines since the passage of Proposition 215. We carefully kept our home-grown medicine within that one set of The Oakland Guidelines - which also happens to be lower than the 7.1 pounds of marijuana our federal government currently sends to each of the eight patients on the Compassionate IND program each year.  The Oakland Guideline were written by one of my doctors, Tod Mikurya, M.D., former head of all unclassified marijuana research for the United States Govenment.  Dr. Mikurya gave both my wife and myself an oral recommendation to grow up to 144 plants each, based upon his 'Mikurya Formula," which is part of the Oakland Guidelines.  We followed these Guideline, as recommend orally by our doctor, and had them prominently displayed in our garden. 

I believe the following Placer County employees bear direct responsibility for what was done to me and my family:

Placer Investigator Michael Lyke Placer 
Deputy D.A. Christopher Cattran Placer 
Deputy D.A. Eugene Geni 
Placer District Attorney Bradford Fennochio 
Placer Under Sheriff Steve D'Arcy 
Placer Sheriff Ed Bonner

Lyke and Cattran were both physically present at the raid and saw large posters which repeated the health warnings of my "ATTENTION LAW ENFORCEMENT" message. This message was also part of my police file. Both Lyke and Cattran chose to ignore my terminal illness as well as my statement that I could die if deprived of my medicine. They didn't even warn the Auburn jail medical staff of my life-threatening condition. What these two men did is no different than depriving a diabetic of their insulin, according to my doctors. Dr. Vincent DeQuattro from USC Medical Center, even told my wife I would probably be dead if I had stayed a fourth day in the Auburn Jail.

I have included the other men, because I believe they also knew about my life-threatening condition and chose to ignore it -- even if it meant killing me.

I never chose to be a medical marijuana patient, but I've exhausted every other therapy, including radiation, surgery, chemotherapy and exotic drugs. Only medical marijuana works for me. It has allowed me to live decades longer than anyone else with my disease. I even played a key role in passing a law to help people like me. It is inconceivable to me that I must still battle for my right to use the only medicine that keeps me alive. 

Please notify me immediately if you still don't have all the information you require.



















Briefly describe how you believe this office can be of assistance.

California's new medical marijuana law is very specific about its purpose:

"(B) To ensure that patients and their primary care givers who obtain and use marijuana for medical purposes upon the recommendation of a physician ARE NOT SUBJECT TO CRIMINAL PROSECUTION OR  SANCTION."  (emphasis added)

Police and District Attorneys often claim that Federal law conflicts with The Compassionate Use Act, but that is not true here in California.  According to our state Constitution, Article III, Section 3.5, it is illegal NOT to enforce a law, simply because it is presumed to conflict with federal law.  Only a decision by appellate court can establish that a conflict actually exists. Until then we have the right to be protected as medical marijuana patients.

My wife and I were in careful compliance with The Compassionate Use Act and should not have been arrested.  After a year and half of investigation, not one instance of sales has been uncovered.  Both my wife and I passed a sensitive hair test to prove we use no illegal drugs, only medical marijuana, as provided by the The Compassionate Use Act.

We know that your office has the power to intervene in our case, just as you did in the case of Assembly Speaker Scott Baugh.  We ask for the same justice and protection under California Law.









X Yes  ___No  I will sign a sworn statement if required.    ____ Check here if additional information enclosed.
 

Signature ____________________________________     Date ____1/4/00_____