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"This is no more about Marijuana than the Boston Tea Party was about Tea."

May 1, 2005

Dear Friends,

There's been a dramatic turn of events in the Kubby case.  We finally have evidence that our attorneys believe will overturn Steve’s convictions and send the prosecutor and arresting officer to prison!

Our legal advisors are now confident that the evidence we have is sufficient to convict the prosecutor and arresting officer of fraud upon the court, suppression of evidence, and obstruction of justice.

cattranHere are just a few pieces of the evidence, which we think you will find very compelling.  You’ll see how a DEA report allegedly confirmed that a guest at our home, Pete Brady, was a Jamaican drug smuggler.  The evidence will show that this non-existent report was used to fraudulently persuade a judge into signing a search warrant. You’ll also see how the prosecutor, Christopher Cattran, shown on the right, willfully and deliberately avoided having to produce this fraudulent DEA report.

It all started with the Statement of Probable Cause to obtain the search warrant, which alleged: "Brady was also checked through DEA’s N.A.D.I.S. system and there were two returns found.  The first returned was on Brady, Peter.  This showed that Brady was part of an investigation in 1985 with the DEA office in the state of Florida.  Brady gave information and/or was involved with the smuggling of large quantities of marijuana from and/or to Jamaica.  The second return was on Helbert, James.  This showed that Helbert was part of an investigation in 1982 with the DEA office in the state of Florida.  Helbert was involved with smuggling of marijuana in Jamaica as well." (James Helbert was an alleged alias for Pete Brady.)

What is interesting about this quote from the statement of probable cause is that nowhere in this report is there a physical description of Pete Brady or James Helbert, nor were the social security numbers verified, nor birth dates verified.  In fact, there wasn’t any verification at all!

What was to prevent any officer from making up a report about someone to "catch them" if the descriptive information wasn’t included in the report? Anyone could have been Peter Brady or James Helbert.

Fortunately, Pete Brady took the time to follow up on the details of this statement of probable cause.  He wrote the DEA to see if this N.A.I.D.S. report on him actually existed.  When the DEA replied with a form letter checking off a box which stated that no such file existed, Pete was furious and wrote a second letter starting an appeal of action because he had gone to jail over this report.

The DEA replied in a  letter dated June 24, 1999, "You were advised by the DEA on March 24, 1999 that no records responsive to your request could be located in the indices of that Office.  It has been determined by my staff that its response was correct.  Inasmuch as appeals can be taken only from denials of access to records which exist and can be located in Department of Justice files, I am closing your appeal file in the Office."

This was signed by Richard L. Huff, Co-Director.

Then when our legal advisors read the following excerpts from our trial, the pieces started falling into place:

david nickDavid Nick
(Michele’s attorney - shown on the right): "I can almost assure this court in an evidentiary hearing that whatever physical description they had of this Peter Brady that they found on the NADIS index is not anything even close to what the real Pete Brady that was at Mr. Kubby’s house looks like.  Thanks."

Deputy District Attorney Mr. Cattran: "Your Honor, I am a little bit at a loss ...  These comments by counsel alleging omissions and they should have done this and might have done this and could have done this and they omitted this, and I think it was reckless there, they haven’t met their burden.  I mean to even be talking about any of this stuff.  There is a burden to show that – there is a burden here that they need to show through.  I believe evidence, and we are not there. I mean procedurally, I am not talking about granting a hearing pursuant to Franks.  I am talking about the offer of proof and the requisite evidence that has to be shown to even address it.  I just don’t think we are there.  I don’t know what the court’s feeling on that is if the court thinks I am all wet."

This convoluted statement by the prosecutor is clearly evasive and calculated to suppress evidence. Nevertheless the court ruled against our motion to request a hearing and ask Mr. Lyke, (the arresting officer), what was actually on the report.  The court forced us to continue with the trial, to our utter disbelief. Now, however, in view of the DEA's statement to Pete Brady that the report does not even exist, our advisors believe we have the legal right to challenge the court's ruling and have Steve's conviction overturned.

Although we thought the DEA letters were compelling, we never got the chance to bring them up in our appeal, because the appeals court refused to hear our case unless Steve returned to California.  If returned, he would have been detained in jail and who knows what would have happened to his health and life.  There is no way I am going to allow Steve to be placed in such terrible danger again.  His health has still not recovered since the arrest here in Canada.

Fortunately, our newest legal advisor, Ed Pearson, shown on the left, came on board to help us clear up our problems in Canada.  When Ed reviewed our US case, he realized that fraud had clearly taken place and that we had legal standing to take court action.

Shortly after receiving this extraordinary news, we found another amazing attorney, a gentleman named Bill McPike, shown on the right, who is based in California and is ready to take this to court.  Bill has already won a state-wide reputation as a court expert for educating prosecutors and the courts about medical marijuana by winning case after case.  He is actually getting medicine returned to many patients.

He is even doing this in cities and counties that did not vote for the Medical Marijuana Initiative -- places like Fresno, Bakersfield, and Modesto.

Five years of fending off these fraudulent attacks have exhausted all of the reserves we ever had.  We must come to you again and ask you to help us finally clean up this mess and bring this rogue officer and prosecutor to justice.

Imagine this: When we overturn these convictions, we will be free!  Our good name will be restored and you will be justified for supporting us so generously for all of these years.  Just as we never gave up, you have never given up on us.

Together, we finally have an opportunity to turn the tables and expose the lies the police and prosecutors used to convict an innocent person like my husband, and put his life and our family in danger.

It is obvious that continuing this fight is vitally important to my family, but corrupt police and prosecutors are a threat to everyone’s freedom.  Now more than ever the American people need to know that any officials who break the law and abuse the public trust placed in them, will be held accountable and brought to justice. Your future and your freedom may well depend upon the actions we take today to expose police corruption and hold the government to the checks and balances provided by our Constitution and Bill of Rights.

Let freedom grow,

Michele Kubby



DEA Form letter