UPDATED AUGUST 31, 2005
NEW EVIDENCE OF MORE FRAUD IN PLACER COUNTY
ACTS TO HARM KUBBY
AUBURN, CALIFORNIA -- Placer County Superior Court Judge James Roeder and Assistant Presiding Judge Larry D. Gaddis secretly and illegally assisted county prosecutors to fraudulently obtain an appellate court ruling that would have sent him to prison and a certain death, medical-marijuana advocate Steve Kubby charged today.
"Our legal researchers have determined that the real source of the illegal judgment to increase my misdemeanor peyote button conviction into a felony was a judge named James Roeder. It was Roeder who secretly and fraudulently ordered the California Court of Appeal to process my misdemeanor appeal as a felony appeal, automatically making me a 'felony fugitive.' A second Placer judge named Larry D. Gaddis, illegally and fraudulently approved and even fraudulently ordered the judgment and then removed his name."
Such actions are clearly and strictly forbidden by California law, but Roeder and Gaddis engaged in these criminal acts anyway, as documented by a sworn statement, dated June 15, 2001 and signed by Placer County Superior Appeals Court Clerk Diane Carrol, who is also implicated in the fraud.
Another sworn statement by a court reported named Judy Boucree, filed less than a month earlier on May 21, 2001 also incriminates both judges and the Superior Appeals Court Clerk. In that document, Ms. Boucree reminds the judges and her boss. Diane Carrol, "This appeal was originally going to Superior Court as it IS a MISDEMEANOR APPEAL." (Emphasis added)
Now for the real shocker. Both Judge Roeder and Judge Gaddis had previously been removed from the Kubby case, for bias and prejudice, and were officially recused. Under law, once a judge has been disqualified from a case they are forever disqualified. But that didn't stop Roeder and Gaddis and it was their signatures that made Steve Kubby a 'felony fugitive' and resulted in him being jailed and deprived of his medical cannabis, something doctors on both sides of the border have said, under oath, could kill him.
In an August 26th letter to the Honourable Joe Volpe, Canadian Immigration Minister, Michele Kubby explained how the actions of Roeder and Gaddis resulted in Canadian authorities being duped into believing Mr. Kubby was a felony fugitive and ordering him arrested.
"The consequences for my husband from this one fraudulent act, were devastating. As you can see from the next piece of evidence, (Exhibit L), the State of California, Court of Appeal Third Appellate District, proceeded with Steve’s appeal as though it were a felony. When an appeal proceeds as a felony appeal, the defendant must be present. Since Steve had left for Canada, with the permission of the court, to pursue our video production business in Canada, he was not present and therefore was labeled a felony fugitive by the Appeal Court. This, of course, is the information authorities in California gave to Immigration in 2002, which caused them to arrest my husband, deprive him of the medicine he uses with the blessings of the MMAR program through Health Canada, and throw him in jail for four days. This caused long term damage that we are still attempting to heal today," said Mrs. Kubby.
Mrs. Kubby also explained to the Immigration Minister that Dr. Joseph M. Connors, Chair, Lymphoma Tumor Group and Chair, Research Ethics Board at the BC Cancer Agency, Vancouver, testified under oath that because of the explosive and unpredictable nature of Mr. Kubby's adrenal cancer, he is at high risk of suffering a heart attack, stroke or seizure if deprived of medical marijuana for more than 24 hours.
California's judicial watchdog commission, voted 8 to 0 to rebuke Roeder in December of 2003, for waiving defense rights without consulting the defendants. By law, those rights can be waived only by defendants personally.
Judge Gaddis is currently being investigated by the Kubby defense team to determine how he illegally granted the judgment and then blacked out his name. Several other Placer County officials have also been implicated and are under investigation.
“We’ve accused them of concocting evidence to get their search warrant and they’re not denying it,” Mr. Kubby charged. “Next we find out that their bogus appeal, that they say makes me an alleged 'felony fugitive,' was a fraud. Now we learn that two disqualified judges snuck back into this case in order to illegally and willfully harm me and the medical marijuana movement. How can anyone possibly have any confidence in the Placer County sheriff, district attorney or judges after such criminal actions have been revealed?”
In a brief denied by Judge Cosgrove on August 22, 2005, McPike charged that Placer County District Attorney Brad Fenocchio was fully aware that his office followed the wrong appellate procedure in 2001.
“(I)t must be presumed that the People were fully cognizant of their position, rights and obligations both in respect to the Criminal Law and the Rules of Professional Responsibility as those rules relate to prosecutors in governmental service,” McPike asserts. “The factual situation is that the Court of Appeal would not have rendered any judgment had it not been imposed upon to act contrary to statute.”
At a hearing held Monday, August 22nd, in the historic Auburn courthouse, Judge John L. Cosgrove refused to reconsider his May 16 decision to deny a new hearing based on a writ of error coram nobis. The writ alleges that Placer County authorities relied on a fraudulent DEA document to obtain the search warrant that led to the Jan. 19, 1999, arrest of Steve and Michele Kubby at their Olympic Valley home.
At that hearing, McPike called the prosecutor's appeal “a collateral attack on probation." California law precludes such an appeal process and requires prosecutors to file a writ in order to appeal a probation order wheher or not a custodial sentence has been imposed. Judge Cosgrove refused to grant McPike's motion, claiming that Kubby was a felony fugitive and had to be in custody in order to have his complaint heard.
The writ of error coram nobis charges that in its 1999 Statement of Probable Cause, Placer County authorities used a purported DEA report identifying journalist Pete Brady as a Jamaican drug smuggler. Brady, who was observed visiting the Kubbys during a six-month investigation, later attempted to obtain a copy of the N.A.D.I.S. report, but was informed that no such report existed. Placer County authorities have never furnished a copy of the alleged report, nor have they ever denied the allegations of fraud.
After the North Tahoe Narcotics Task Force searched the Kubby residence, Placer County charged the couple with 19 felony counts. A jury acquitted Michele Kubby of all charges and voted to acquit Steve Kubby of all marijuana charges, but convicted him of misdemeanor possession of peyote and a piece of psilocybin mushroom stem.
Note: Online links to documents that provide irrefutable proof of all allegations made in this press release are available at:
Sworn Statement by Diane Carrol, Placer County Superior Appeals Court Clerk
Sworn Statement by Judy Boucree, court reporter
Sacramento Bee report confirming the recusal of Judge Roeder
Auburn Journal report confirming the recusal of Judge Gaddis
"Placer County, Still Murderous After All These Years," by Richard Cowan
(Note: A digitially remastered copy of the Kubby Police Raid Video is available for you to view, but the RealPlayer file is 157MB and takes a long time to load)