Talk:Steve Kubby/Archive 1

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I'm Nick Moreau, an accredited reporter for Wikinews. I'm co-ordinating our 2008 US Presidential election interviews. We will be interviewing as many candidates as possible, from the Democrats, Republicans, and other parties/independents.

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Thanks, Nick --  Zanimum 19:42, 19 July 2007 (UTC)

Reply, Explanation, Chronology
REPLY BY STEVE KUBBY: It is my policy to avoid editing my own biography and to allow others to decide what I have done and what it may mean. However, whenever gross inaccuracies have been included in the biography, I have edited in a factual account of what really happened, and in every case, I have backed it up with a citation.

Most recently, I addressed the issue of why I left for Canada. Yes, I was only subject to house arrest, but my attorneys and family were very concerned that I was being targeted by hostile law enforcement and that I needed to get out of the country. Please remember, the law I helped to write and pass was supposed to exempt me, not allow me to be dragged into court where an affirmative defense put the burden of proof on the defendant. We were shocked and outraged that police and prosecutors where attempting to gut the law and that they desperately wanted to incarcerate me and prove I didn't really need medical marijuana.

My departure to Canada was perfectly legal, as was my return. I never fled authorities, nor was I deported back to the US. At all times I attempted to comply with the law, while still protecting myself from hostile law enforcement and a broken court system that would not honor the law we had passed.

I note that someone hacked my biography with several anti-marijuana comments and then added links to the California Narcotics Officers Association as well as a government anti-drug site. This person also edited in a headline that said, "Flight to Canada to avoid authorities." I have changed that headline to read, "Flight to Canada to avoid Hostile Law Enforcement," which is what really happened.

It was hostile law enforcement that forced me to refuse probation. We decided it was better for me to go to jail when everyone knew where I was and what was happening to me, than to be arrested for a bogus probation violation and killed, before people knew about it.

When I told the judge I refused probation, he ordered me to jail, but the jail said it wanted to wait and see what was decided by the Supreme Court in an upcoming case. So I obtained the court's permission to go to Canada instead. This was reported by the Tahoe World Newspaper:

In a letter to friends Sunday, Kubby said he intended to notify authorities that he won't accept electronic monitoring and probation.

"After becoming aware of the incredibly strict limitations of house arrest, we have concluded that the 120 days of house arrest, as well as the three years formal probation ordered by Judge John Cosgrove is a real and direct threat to my life," Kubby said.

"Furthermore, we believe that sentencing me, when I am medically disabled and suffering from terminal cancer, to conditions that threaten my life for misdemeanor possession of a mushroom stem and some tiny cactus buttons is a violation of my Eighth Amendment protection against cruel and unusual punishment." In his letter, Kubby acknowledged that he may face jail time as a result of his decision. 

—Preceding unsigned comment added by Stevenkubby (talk • contribs) 10:30, 15 October 2007 (UTC)

This news article

http://www.tahoe-world.com/article/20060201/Opinion/102010012

suggests that he would have been allowed to spend his pre-Canada sentence under house arrest. If so that is an important fact to note. Mathiastck 1935, 2 February 2006 (UTC)

It is, but the facts are more complex than the highly biased op-ed indicates [sigh]. Worse, there are further details that I need. Here is what I know happened, and where I need detail,

Conviction and appeals

 * Kubby convicted of minor felony possession of psilocybe and peyote, sentenced to 120 days
 * Trial Judge John Cosgrove reduces sentence to misdemeanor, 120 days house arrest
 * Somehow, this has an element of probation to it?
 * Kubby appeals conviction, initiates counter charges of prosecutorial and custodial misconduct
 * Kubbys relocate family to Canada, Steve and/or attorney continues to appear as ordered
 * Prosecutors learn Kubbys are in Canada, request revocation of probation
 * Custodial 120-day sentence reinstated
 * Kubby appeals (counsel may appear for the accused in a misdemeanor)
 * Three judges upgrade charge to a felony charge
 * At request of DA?
 * Kubby thereby required to appear for appeal
 * This is in turn appealed and denied by 3rd circuit appelate and state supreme courts

Flight to Canada

 * Canadian prosecutors seek to bar him as undesireable, and a fugitive
 * Two separate matters (leave to remain and extradition request)?
 * Canada allows him to remain, rules him not a fugitive citing lack of dual-criminality (psilocybe and peyote legal in Canada, see Extradition for dual-criminality principle)
 * US files for extradition
 * Kubby applies to Canada for refugee status, claiming both fear of persecution due to
 * Prosecutorial misconduct
 * Threat of incarceration in dangerous medical conditions (ie, without cannabis)
 * Application denied
 * Application appealed
 * Appeal denied, Kubby ordered deported to the US

Return to the US

 * Kubby's attorney arranges surrender to Placer County court, as officer of the court escorts him from Vancouver to Auburn
 * At request of Placer County Sheriff's Department, SFPD and US Border Patrol arrest Kubby on arrival at SFO
 * Kubby held overnight at Redwood City Jail (San Mateo County)
 * Denied care and bedding
 * Kubby transported to Auburn City Jail (Placer County)
 * Denied care, access to his doctors
 * Later given half-doses of Marinol, which mitigate, but do not effectively control symptoms
 * Ordered to take beta-blockers for blood-pressure, against medical advice that it would kill him
 * Coerced into waiving claim of liability against Auburn City Jail
 * Unable to hold down food, undernourished, loses weight
 * Arraigned in Placer Superior Court
 * Kubby attorneys formally request cannabis
 * Sheriffs oppose
 * DA's office make no recommendation
 * Matter continued

StrangerInParadise 20:39, 2 February 2006 (UTC)

I think we need to change the order of sections on this artical. "1 Cancer patient" and "2 Libertarian Party candidate" should be reveresed in the order they appear on the page. I think running for the office of president would be the first thing that would be mentioned on anyone's biography. Many people have cancer, but few run for president. It also seems that the cancer section would go better with the arrest and such since that all seems to be related. Shortfuse 20:41, 9 September 2006 (UTC)

Arrest and trial
This section appears to advance a particular point of view (i.e., the wrongful arrest and prosecutiong of Kubby) (see WP:NPOV). While the section is fairly well sourced, those sources are being used to generate an original synthesis (WP:SYN). For example, the section begins with: "Kubby and his wife, Michele, were arrested, jailed and prosecuted, under the false claim that the voter initiative only provides an affirmative defense and that it is only to be used by "seriously ill patients.""

That the "claim" is false is not documented. That is, the idea that the claim is false must be verifiable (WP:V). The section presents various verifiable facts as support that the claim is false, for example, "the very first sentence of the official title and summary clearly states: "Exempts patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana."" So, while reading this, it may seem that Kubby's prosecution involved a "false claim", but this method of support represents an original synthesis of material to advance a particular point of view. Were this an op-ed piece in a newspaper, and not an encyclopedia, that would be OK. However, this IS an encyclopedia, so it's not OK. What is necessary is to cite a person saying that the claim against Kubby was false, and to have that view reliably documented (WP:BLP). I'm hoping my note will encourage someone to seek out just such references. Until that happens, much of the section is subject to removal. Noca2plus (talk) 21:03, 21 April 2008 (UTC)

NPOV problems
I stumbled across this page and I'm concerned that it has serious POV problems. Much of the article seems to be advocacy for Kubby rather than a neutral presentation. The "Flight to Canada" section, which I have now partially edited, stuck out. The first paragraph only had one source - a complaint filed by Kubby. It's a violation of NPOV for the article to claim that law enforcement officials were biased against Kubby and judges acted improperly regarding Kubby merely because he so claimed. It's one thing to write that Kubby made those allegations. It's quite another to take his accusations as factual. There's no third party account there. Furthermore, prior to my edit, the passage used the term "recused" incorrectly. Recusal isn't something another party does to a judge. Recusal is something a judge decides to do to himself or herself. It would be advisable for some other editors to take a look at this. If there are third party media accounts that could be cited, that would be helpful. --JamesAM (talk) 05:00, 23 May 2009 (UTC)

External links modified
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External links modified
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 * Added archive http://web.archive.org/web/20060217165617/http://www.ktvu.com:80/video/6484694/detail.html to http://www.ktvu.com/video/6484694/detail.html
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