Placer County prosecutors fraudulently obtained an appellate court ruling that would have sent him to prison and a certain death, medical-marijuana advocate Steve Kubby charged in a brief scheduled to be heard this Monday.

SUN PEAK, BRITISH COLUMBIA Placer County prosecutors fraudulently obtained an appellate court ruling that would have sent him to prison and a certain death, medical-marijuana advocate Steve Kubby charged in a brief scheduled to be heard this Monday.

Kubby’s motion to void his entire case through a writ of error coram nobis challenges the evidence authorities relied on to obtain a search warrant, which they used to raid the residence of Steve and Michele Kubby on Jan. 19, 1999. In a search-warrant affidavit, the North Tahoe Narcotics Task Force informed a judge that a DEA Report had identified a visiting journalist as a Jamaican drug smuggler. The DEA later informed journalist Pete Brady of Cannabis Culture that no such document existed.

Placer County authorities have not offered to provide the court with a copy of the controversial DEA document. Kubby accused Placer County of stalling tactics in order to divert attention from irregularities in the 1998-99 investigation that was initiated by a vaguely worded, anonymous letter.

Kubby's motions also accuses Placer County prosecutors of deliberately and fraudulently obtained an appellate court ruling that would have sent him to prison and a certain death.

"The whole strategy was to declare me a 'felonly fugitive' and get me behind bars, where I would die,” Kubby said this week from his home at Sun Peaks Ski Resort in British Columbia. “Once I became a 'felony fugitive,' [Judge John] Cosgrove would be forced to re-sentence me to enough jail time for my untreated adrenal cancer to kill me. Doctors aren’t the only ones who can bury their mistakes. These rogue officials thought they could bury me.”

In the brief, McPike suggests that Placer County District Attorney Brad Fenocchio was fully aware that his office followed the wrong appellate procedure in 2001. The Appellate Court later restored the offenses to felonies.

“(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.”

“We’ve accused them of fraud and they’re not denying it,” Kubby said. “Now we find out that even their bogus appeal, that they say makes me an alleged 'felony fugitive,' was a fraud.”

A hearing to reconsider Kubby’s motion challenging the search warrant that led to his arrest, is scheduled for 11 a.m. this Monday, August 22nd, in Department 4, at the historic old Auburn Courthouse.