Please Call Me. I have left a few messages for you and need a reply ASAP.

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Joe Cubbage (###@hotmail.com)

12/06/12

To: egarjs@co.monterey.ca.us, dennis Taylor

Picture of Joe Cubbage

Mr. Egar,

Please call me to discuss the planning and preparation of my restitution hearing scheduled
12/19/12 in department 2. Jeremy Dzubay is the only Lawyer left in your office who knows my
case and I am respectfully requesting he be appointed once again. My case has more than 15,000
documents and I believe it will take a newly appointed Lawyer months to know the facts in a way
which Mr. Dzubay already understands. Three different lawyers have already been appointed to
me under your leadership. The last one was addressing my Dad by the name of Mr. Shapiro in
Court?

My family is now asking for $375,000 restitution. The total amount of money in question was
$415,000. I am confident Jeremy can prove my Mother and Sister have in their possession
$380,000 of the money which I was accused of stealing. I pleaded to 368D (NON CARETAKER
theft of a elder over $950.00) NOT $375,000? I justified accepting the deal because I did in fact
refuse to pay a credit card bill in the amount of $1,100. The card was issued to me years prior and
co signed by my Mom. The forensics on my cell phone show the text discussions with family
about this fact.

Dads Doctors, Lawyers, Realtors, Family and Financial representatives have all stated that my
Dad was competent during the time in question. My Dad was never tested nor deemed
incompetent during the time in question as DA's office has stated. They lied. I did not take Dad
from his home, Use a POA, Sell his stocks or steal his money as accused. They lied. When I was
charged, I did not own 90% of the company which purchased the home my Dad planned to die in.
I did own 16%. They lied about that too and we can prove it.
Mr. Egar, I took your advice accepting the "deal" which was offered by the Monterey County
DA's office. A five week trial is a long time and I did so to avoid risk of inadequate representation
and the time I would have been subject to if we had lost. My Lawyer( Lisa Navarro) at sentencing
said "Mr. Cubbage had a good chance of winning his case if ha had gone to trial"? I think about
those words every day and regret taking the advise provided by You and Mrs. Navaro. I regret not
taking my case to trial and allowing the facts to be heard. NOW I will never be allowed to see my
Dad again as a result of my plea. The pain which comes with that reality is life changing. My
Father is everything in the world to me and I to him. Dads fears have now come true: My family
now has all of his assets and he has been placed in a nursing home where he is not allowed to see
those he loves most. Dads girlfriend of 20 years calls me regularly and cries about Dad being
taken from her too. This is all so wrong.

My Dads lawyer, Pascal Anastasi testified in Conservator ship Court Case (MP19903) that Dad
was competent and had gifted me $140,000. Mr. Anastasi also wrote a four page letter to Judge
Scott in the criminal case and of which defended me. Mr. Anastasi talked about my Dads fear of
loosing his money to my Moms Lawyer and trying to protect it. Mr. Anastasi also talked about
Dads Explosive meeting with my Mom and discussions with Dad about his fear that I would
some day be punished in a Court of law after his health had declined.

My Dad also met with Divorce Attorney Lisa Mendelson in November 2009. They discussed
options in finalizing the divorce filed by my Mom August 2009. Dad told her about the $140,000
gift to me and she took notes about it. Dad also told her about his fears my Mom would
eventually come back for the rest of his money after his health declined. Mrs. Mendelson
obviously thought Dad was competent or she would not have discussed Dads issues for two hours
and accepted his $750.00 payment.

I believe my Mom hiring Sam Lavorato, filing for a divorce, meeting with Dads financial adviser,
proposing and accepting a financial settlement all shows that she thought Dad was competent at
that time too. Adult protective services and Seaside police interviewed my Dad on two different
occations. They left satisfied Dad was competent. In Fact: APS never took Dad from the home or
filed any charges against me. They thought he was competent too. The APS report quotes my
Mom as saying "I am separated from my husband, have received a financial settlement and am
happy with it". Obviously Mom thought Dad was competent or she would have been taking
advantage of him.

The Court appointed investigator Michael Atteridge stated in his report that my Dad "was clear,
well dressed, clean, did not need a lawyer to represent him and that he could vote". The Court
appointed financial forensics expert testified in Pre Trial that my Dad was withdrawing the
money. Not Me.
Mr. Egar. I need your commitment to find justice in this hearing. For my Dads honor, memory
and truth of this case. The truth involving Money, Mistresses and Mayhem he was dealing with
while being treated for a rare form of cancer. For protecting my financial future as well. Now is
the time for the facts which would have come out at trial to be divulged.

In defending the restitution amount of $375,000 being requested, I intend to show the lies and
motivation of my Sister. Did you ever wonder why my Mother or Three other siblings never
showed up at Court? Not once in more than 80 or 90 Court dates? Or why the DA's office
charged me with elder abuse when APS never did and then fought so hard to seal the APS report?
I intend to subpena all parties with knowledge of the facts to court.

I ask myself: If my sister was not married to a Monterey County Sheriff of 26 years? If my sisters
Lawyers were not both Prosecutors and a Pro Tem Judge in the Monterey County Courts? Would
I be writing you this letter now?

With respect, I am requesting you to appoint me Jeremy Zubay who I believe can be Competently
Prepared for this hearing.

Sincerely,

Joe Cubbage

(831) 383 - 4471