For Release:  Tuesday, September 6, 2005

Contact:    Commission on Judicial Performance (415) 557-1200
                 Placer County Superior Court (530) 889-7404


SAN FRANCISCO --  Cancer patient and medical marijuana refugee Steve Kubby has filed a complaint with the State of California's Commission on Judicial Performance against two judges, alleging that they "secretly and  illegally assisted county prosecutors to fraudulently obtain an appellate court ruling that made him a 'felony fugitive.'"

Kubby says this action would have sent him to prison and "a certain death" had he not been in Canada at the time. Kubby depends on cannabis to control his adrenal cancer, and he would not have been able to have access to cannabis while he was incarcerated.

The complaint alleges that on May 25, 2001, Placer County Judge James L. Roeder "secretly and fraudulently ordered and/or directed the Clerk of the Superior Court Appellate Division, Placer County to process my misdemeanor appeal as a felony appeal, causing me to be wrongfully arrested and subsequently labeled a 'felony fugitive.'"

Upholding Judge Roeder's illegal order, Placer Superior Court Presiding Judge Larry D. Gaddis also signed and approved the order, despite the fact that, by law, no such direct appeal of probation could be taken.

"Even worse," says Kubby, "the appeal was signed and approved by both judges, well beyond the 60 day limit allowed for any appeal, since I was sentenced on March 2, 2001 and they did not approve the prosecutor's appeal until May 25, 2001.  All subsequent extensions of the appeal were based upon  an appeal that was neither lawful nor timely."

Copies of documents are online that Kubby alleges show, "Judge Gaddis unlawfully authorized and ordered an extension and then blacked out his name. Once Gaddis blacked out his signature, no other judge ever signed to grant the Extension Order, proving that Gaddis deliberately granted, then attempted to hide his role in the unlawful conversion of the People's unlawful and untimely review of probation into a felony appeal."

Kubby says, "
It is understandable that Judge Gaddis would try to hide his involvement because both he and Judge Roeder had previously been removed from the case, for bias and prejudice, and were officially recused.  Clearly they were aware, as judges, that having been recused from a case they were disqualified from any and all future participation in my case.  Unfortunately that didn't stop Roeder and Gaddis and it was their signatures that made me a 'felony fugitive' and resulted in me being jailed and deprived of my medical cannabis, something doctors on both sides of the border have said, under oath, could kill me."

In California, it is only when an appeal proceeds as a felony appeal, that the defendant must be present. Because Kubby was in Canada - with the permission of the court on probation for misdemeanor conviction - he was not present and therefore the appeal court was fraudulently induced to consider the Peoples appeal as a felony appeal. 

The actions of Roeder and Gaddis resulted in Canadian authorities "being duped into believing" Kubby was a felony fugitive and therefore ineligible for entry into Canada. Consequently, Kubby was arrested in Canada in 2002 and jailed for four days.

Michele Kubby notes, "My husband was then deprived of the medicine he uses with the blessings of Health Canada. This caused long term damage to his health that we are still attempting to heal today."

Steve Kubby says, "Even though their actions nearly resulted in my death, I would suggest that the judges seek asylum in Canada. After all, they are living proof that it is very hard to get a fair trial in California."

A copy of the Complaint to the Commission on Judicial Performance is available at:  <http://kubby.com/Placer/compform.html> and <http:// kubby.com/Placer/compform2.html>