Kubby Denied Early Release

Placer County Denies Kubby Early Release

Date: April 3, 2006

Contact: Attorney E.D. Lerman (707) 937-1711 office

Medical-marijuana activist Steve Kubby has accused Placer

County sheriff's officials with violating their own standards in

blocking his planned early release from jail.

Kubby made the charge in a phone call from the Placer County

Jail on Monday, his 20th day in custody for violating his 2001

probation. He said he accepted a 60-day jail term partly on

the understanding that he would be released early for the same

reason - overcrowding - that he was released March 7 after

serving 40 days of a 120-day sentence for possession of a

mushroom stem and peyote buttons.

"I was innocent, but we agreed to accept a plea bargain

because I was told, hey, it's just 20 days," said Kubby,

the Libertarian Party's 1998 candidate for governor of

California.

Kubby said he met with Capt. John FitzGerald, the jail

commander, when he was admitted, and was told that

he would again be released early on two conditions - that

crowding was still a problem, and if he did not misbehave.

But as his release date neared, Kubby said FitzGerald

told him of a change of plans.

"Captain FitzGerald told me he had been blocked by

Undersheriff Stephen D'Arcy from releasing me early,"

Kubby said. "He has been directed to keep me in

custody and not give me early release. By doing that,

they're violating their own standard. Nonviolent, first-time

drug offenders are supposed to be at the top of the list."

Kubby expressed hope that Sheriff Ed Bonner would still

intervene. "I remain hopeful that Sheriff Bonner will do

the right thing," he said.

Kubby, who has survived malignant adrenal cancer for

30 years, also accused D'Arcy of misleading the public

about his health. D'Arcy had told reporters that Kubby

had not lost significant weight in custody, but Kubby

pointed out that he was not weighed until five days after

admission, after he had gone through the worst of his symptoms.

Kubby said his weight loss is approaching 30 pounds, as he

struggles with the indigestion that is a side-effect of the

Marinol he uses in jail in place of whole cannabis.

"I really am suffering, skinny and weak," he said.

Kubby said he hopes activists will again come to his aid

by calling Placer County officials and requesting they

grant him the early release they promised.

"Call, fax or e-mail a complaint to the sheriff's department,

and to those who pay his bills, the Board of Supervisors,"

Kubby said.

Sheriff Edward N. Bonner

Phone: 530-889-7800

Fax: 530-889-6883

Email: pcsoweb [at] placer.ca.gov

You may also make complaints via this web form:

http://www.placer.ca.gov/sheriff/save/commend/complaint.htm

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Additionally, contacting the county's Board of Supervisors could be helpful.

See: <http://www.placer.ca.gov/bos/bos.htm>http://www.placer.ca.gov/bos/bos.htm

Phone: 530-889-4010

Fax: 530-889-4009

E-Mail: <mailto:bos [at] placer.ca.gov>bos [at] placer.ca.gov

Board: Supervisor Bill Santucci, Board Chair

Supervisor Robert Weygandt

Supervisor Jim Holmes

Supervisor Bruce Kranz

Supervisor Ted Gaines