If the state can’t find defense attorneys for criminal defendants for months on end, the charges should be dismissed due to the violation of their constitutional rights, a national defense lawyers group argues, reported WTAQ-WLUK. .
The issue
stems from the case of James Grandberry, a suspect in a major Chicago-to-Green
Bay drug ring investigation. He sat in jail for more than 14 months without an
attorney or a preliminary hearing, which is usually held within 10 days.
Grandberry,
36, faces 14 charges, including three of manufacture or delivery of fentanyl,
amphetamine and cocaine. He was arrested July 11, 2024, and charged about two
weeks later. Prosecutors have said this case was the state’s first wiretap
investigation for fentanyl and at least 47 people are facing charges.
Grandberry now has an attorney and has pleaded not guilty. No trial date has
been set. He returns to court June 22 for a status conference.
Before an
attorney was appointed, however, Grandberry’s preliminary hearing was postponed
10 times.
Grandberry’s
motion to have his case dismissed was denied by a judge. Grandberry then filed
what’s known as an “interlocutory appeal” asking a higher court for the case to
dismissed, arguing his Sixth Amendment rights were violated by the delay.
Usually, the appeals court take up issues of law after a case has been
completed, but this mechanism allows for an appeal while the case is still
pending. In August, the Court of Appeals said it would hear the case. This
appeal case continues, even though an attorney was eventually found for
Grandberry and his case is now underway.
Attorneys
for both Grandberry and prosecutors have filed arguments with the court. Other
groups have asked to file what are known as “friend of the court” briefs,
offering their opinions on the case. The first one was filed Thursday.
The National Association of Criminal Defense Lawyers argues
the remedy should be dismissing the charges outright, without giving the state
the ability to refile the charges. Refiling of charges was allowed in another
case, where Nhia Lee was jailed 113 days with a preliminary hearing.
“Only
dismissal with prejudice accomplishes something useful. It tells all that
egregious violations of due process beget serious consequences,” wrote attorney
George Burnett.
And while
it isn’t the prosecutors’ fault Grandberry didn’t get an attorney, it is the
state of Wisconsin’s issue, the NACDL brief argues.
The crisis
the Supreme Court described therefore emanates from the State’s policy
decision, so the consequences of that decision should fall on the State, not
those it accuses. Funding lawyers to represent those accused of crimes is
neither politically urgent nor electorally popular for now, prisoners like
James Grandberry bear, through no fault of their own, the full ramifications of
the State’s unwillingness to meet its constitutional obligations. That must
change.”
The
Wisconsin Association of Criminal Defense Lawyers and the State Public
Defender’s Office also plan to file briefs, court records show. It will likely
be several months before the Court of Appeals rules in the case.
Grandberry’s
case isn’t the only one to challenge the delays in appointing attorneys. In
2022, eight current and former inmates filed suit in Brown County, seeking an
order demanding quicker appointment of counsel. The state public defender’s
office has also spent more than a year making over 5,000 contacts, trying to
find an attorney for Jordan Leavy-Carter, who is charged in connection with the
shooting death of a five-year-old.
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