Feature Archives

2/3: See Indybay's Drug War Page or California News Page for updates
Steve Kubby, a medical cannabis patient, has been living in Canada with his family for the past five years. Kubby was convicted in 1999 of misdemeanor drug possession (for possessing minute quantities of mescaline and psilocin) stemming from a marijuana raid on his Placer County, California home. With permission of the court, Mr. Kubby and his family moved to Canada in 2001 where he became a legally registered medical cannabis patient with Health Canada to treat symptoms of a rare, life-threatening form of adrenal cancer. Kubby has managed his condition exclusively with cannabis since the 1980s, and is recognized as one of the longest living survivors of the disease.

While Kubby has been living in Canada, the Placer County prosecutor moved to have the misdemeanor conviction upgraded to a felony punishable by jail time. Immigration Canada is now trying to expel Kubby to the United States to serve his sentence, and the case is under consideration by a Canadian federal judge. If he is returned to the United States, Kubby would serve his sentence in Placer County, where he would most likely be denied access to medicinal cannabis.

Medicinal marijuana supporters are being asked to call and/or fax DA Fenocchio and Assistant DA Cattran to ask whether that they would provide medical cannabis to Mr. Kubby, who is an approved patient in the state of California, were he to serve his sentence in their county jail. The theory is that if these prosecutors receive enough calls in support of Mr. Kubby's case, they could be reluctant to imprison him, or become more likely to make sure he receives proper access to his medication. If they refuse to provide access to marijuana, the Canadian government might be reluctant to return Kubby to a country where he would not be given the medical treatment that he needs. Read more

http://www.kubby.com | Further Background | January 9th Statement from Michelle Kubby | NORML

Reverend Lucius Walker, Jr. will be speaking at several events in the Bay Area this week. On Monday January 9th, he will talk in San Francisco about rebuilding efforts and community empowerment from New Orleans to Havana. Rev. Walker was recently in Louisiana with the humanitarian aid caravans that Pastors for Peace organized after Hurricane Katrina. He will discuss the latest challenges to travel restrictions and the efforts to end the blockade against Cuba and work to normalize relations between the US and that country.

Other Bay Area events with Rev. Lucius Walker Jr.: (all are evening events)

He will be speaking about "Cuba and Your Constitutional Rights" in Palo Alto on Tuesday evening January 10th. On Wednesday, January 11th, Rev. Walker will be in San Jose to address "From Brooklyn to Bolivia: Another World is Possible." On Thursday, January 12th, Santa Cruz welcomes Walker with "Our War on Cuba: Trade, Travel and Baseball." On Friday, January 13th, Reverend Walker will speak at Casa Cuba in Oakland.

In a related event, ANSWER will screen "Bloqueo: Looking at the U.S. Embargo Against Cuba" and " Workers' Democracy in Cuba" at ATA in San Francisco on Thursday, January 12th. Read more about all of these events

Pastors for Peace | SF ANSWER | ANSWER Coalition website

A Press Conference/Rally to Stop The Execution of Clarence Ray Allen will be held on Thursday, January 12th at 4:00 PM at the California State Building at Van Ness and McAllister in San Francisco. Clarence Ray Allen’s daughter and grandson, as well as political activists from around the Bay Area, will speak out against killing Allen. They are enraged that in spite of Allen's age and poor health, the racism and flaws of the death penalty, and the pending legislation that would halt all executions in California, Clarence Ray Allen's death has been scheduled for 12:01am on January 17th.

Rally organizers point out that the state is speeding up the pace of executions following the December execution of Stanley "Tookie" Williams. After Clarence Ray Allen, the state plans to execute Michael Morales, and possibly several additional individuals in 2006. They see now as the ideal time to build the movement to stop executions.

The ACLU of Northern California held a Sacramento lobby day with nine California exonorees on January 10th. They are asking for people to call Assemblymembers to urge support for Assembly Bill 1121, the California Moratorium on Executions Act. It was announced this week that Governor Schwarzenegger will not hold a clemency hearing for Allen. The governor has not yet stated if he will conduct a clemency review, in which he would make a decision based on documents rather than on oral arguments.

A day of action to protest the execution of Clarence Ray Allen will be held on January 16th. The day will start with a Walk for Abolition from San Francisco to San Quentin Prison. There will be protests in Sacramento, Fresno, Palo Alto, Berkeley, San Rafael, El Cerrito, and many other cities in California. Details about these events

ACLU-NC's wepage about Clarence Ray Allen | Suggested text for clemency letters to governor | No Death Penalty for Clarence Ray Allen MySpace Page | My Grandpa- Clarence Ray Allen Blog

On January 1, 2006, two new laws to protect the civil rights of transgender people went into effect in the state of California. AB 1400 and AB 1586 will now protect transgender people when they experience discrimination while using public accommodations or getting health care.

Equality California and the Transgender Law Center say California now has the most transgender friendly laws in the nation.

The Civil Rights Act of 2005 (AB 1400) will help protect transgender people when they are discriminated against while using public accommodations such as bathrooms. To help educate society the Transgender Law Center has created a guide called "Peeing in Peace: A Resource Guide for Transgender Activists and Allies."

The Insurance Gender Non-discrimination Act (AB 1586) will protect transgender people in the health care industry. According to the Transgender Law Center and the National Center for Lesbian Rights at least 48% of all transgender people experience discrimination in employment, 38% in public accommodations, 32% in housing, and 31% in health care.

Transgender activist Dina Boyer says the laws are a step in the right direction, but transgender people also need devices or methods to prosecute when they experience discrimination. She says "I always hear lawyers, attorneys and public defenders say there is nothing we can do. Hopefully the new laws will enable them to prosecute when a transgender person experiences discrimination."

After the December 20th reports that the FBI has been monitoring and infiltrating political organizations, the three California affiliates of the ACLU are seeking information about the intelligence gathering efforts of law enforcement agencies in this state. The Public Records Act request is being sent to Attorney General Bill Lockyer and focuses on the California Anti-Terrorism Information Center ("CATIC") and information that it may have received from the FBI. Photos and Report from Peninsula Raging Grannies

The national ACLU released FBI documents that were obtained after the group filed Freedom of Information Act (FOIA) requests to find out whether the FBI’s partnerships with local law enforcement in Joint Terrorism Task Forces has resulted in increased surveillance of political and religious activity. The documents about several organizations showed the FBI expanding the definition of “domestic terrorism” to include citizens and groups that participate in lawful protests or civil disobedience.

The ACLU announced on December 21st that it is seeking records held by CATIC and the CIB (Criminal Intelligence Bureau) on the ACLU California affiliates and chapters, Greenpeace, People for the Ethical Treatment of Animals, United for Peace and Justice, Food not Bombs, Code Pink, UC Santa Cruz Students Against the War, Fresno State Campus Peace and Civil Liberties Coalition, Peace Fresno, War Resisters League West, College Not Combat, and the American-Arab Anti-Discrimination Committee, as well as a number of police documents. Under the California Public Records Act, the agencies have 10 days to respond.

ACLU Press Release | Read the Public Records Act request | ACLU Northern California | ACLU Southern California | ACLU San Diego | SF Gate article

On June 14th, 2005, California State Assemblymembers Paul Koretz (D-West Hollywood) and Sally Lieber (D-Mountain View) announced that they were introducing the “California Moratorium on Executions Act” (AB 1121). The act, if passed, would suspend all executions in California until January 1, 2009 while the California Commission on the Fair Administration of Justice conducts a thorough study of the state’s criminal justice procedures. Koretz declared, "For the state of California to continue to execute prisoners, while an official governmental body investigates the findings and allegations of error and justice and unfairness in the criminal justice system, just doesn't make sense." AB1121 will be voted on in January. Letters of support can be sent to Assemblymembers.

Death Penalty Focus says there are many reasons to support a moratorium or "time-out" on executions. Study after study has shown the death penalty to be grossly unfair: 122 people nationwide have been released from death row with evidence of their innocence, some coming within hours of their execution. Race, place, and poverty are currently the determining factors in who lives and who dies when it comes to California's death penalty. There are alternatives to the death penalty: existing law in California provides for life without the possibility of parole, under which no offender has ever been released, except for one man who was determined to be innocent. Several human rights and religious organizations advocate other alternatives that include life sentences combined with restitution to the victim's family and victim/offender reconciliation programs.

Californians for a Moratorium on Executions recommends several ways that people can get involved- from signing an online petition, to getting local organizations to pass moratorium resolutions, to circulating petitions, and more. Read more

List of organizations that have endorsed AB 1121 | Californians for a Moratorium on Executions | ACLU Northern California's Death Penalty Page | California Commission on the Fair Administration of Justice

Stanley Tookie Williams III was executed early this morning by lethal injection administered by the state of California. Williams, who was just weeks from his 52nd birthday, is said to have been a co-founder of the Crips gang in Los Angeles. In 1981, he was convicted of the 1979 murders of four people in the Los Angeles area. After 6.5 years in solitary confinement on Death Row at San Quentin, he renounced his past gang affiliation. He wrote several books and started programs to discourage youth from joining gangs. A film starring Jamie Foxx entitled "Redemption: The Stan Tookie Williams Story," was made to tell his story. Williams never admitted to having committed the murders for which he was convicted. This was one reason that Governor Arnold Schwarzenegger cited for denying him clemency.

Supporters of Williams tried to submit issues to various legal bodies in hopes of being granted a stay of execution. If a 60-day stay had been granted, it would have given time for courts to examine the legal issues that are outstanding in the case. It would have also given California's legislative bodies a chance to vote on AB 1121, the California Moratorium on Executions Act. The death warrant for Stanley Tookie Williams was signed in October. His execution date was set for December, while the two other men whose warrants were signed the same day received execution dates in January and February of 2006. Read more In the days before his death, a new witness appeared: Gordon Von Ellerman has reported that he had knowledge that Oglesby, a witness who testified against Williams, had studied ways to help frame Williams.

Interviews: Democracy Now | Flashpoints | Wake Up Call 12/12/05 | What I would do with the rest of my life
People who met with Stanley Tookie Williams: Rev. Jesse Jackson | Jamie Foxx | Snoop Dogg

More statements:
Death Row prisoner Steve Allen Champion, a.k.a. Adisa Akanni Kamara | Political prisoner Kalima Aswad | Tom Hayden | Mesha Monge-Irizarry | NAACP Press Conference via Telephone during 12/12 Women's Show on KPFA, including attorneys for Williams | Death Penalty Focus | NAACP

Past Indybay coverage from Indybay's Police State Page:
People's Clemency Hearing and Protests on 12/12 | November 30th Day of Action Against Executions | Teach-ins, Day of Action, November 19th Rally at San Quentin | October 2005: Supreme Court Says Racial Bias Doesn't Merit Appeal | 2/2/05