Brown County drug trafficking suspect James Grandberry. (Photo source: Brown County Jail)
GREEN BAY, WI (WTAQ-WLUK) – One of the central figures in a Brown County drug bust has asked for the case to be dismissed because his preliminary hearing – which is usually held within ten days of charges being filed – still hasn’t happened more than six months after his arrest.
James Grandberry, 35, faces 14 charges, including three of manufacture or delivery of fentanyl, amphetamines and cocaine, after a bust last August. Seven people were arrested, with Grandberry facing the most charges.
A preliminary hearing is an early step in the criminal process, where prosecutors have to show there is enough for the case to proceed. For those in custody – as Grandberry is, being held on a $1 million cash bond – such hearings are supposed to take place within ten days.
However, as the state has been unable to find an attorney for Grandberry, that hearing has been postponed at least four times. The most recent hearing was on Feb. 19, with a status conference scheduled for April 2, court records show.
Frustrated with the delays and more than 200 days in custody, Grandberry filed a hand-written motion Thursday, asking for the case to be dismissed.
“I have still not been afforded the right to a preliminary hearing to prove my innocence in a timely manner,” he wrote. “It is the court’s duty to appoint counsel in criminal proceedings within a reasonable time frame.”
Grandberry also cites the Marathon County case of Nhia Lee. In that case, the courts ruled Lee’s rights had been violated because he was jailed 113 days without a preliminary hearing. Eventually, the original case was dismissed and prosecutors were allowed to refile the charges.
Prosecutors have not responded to Grandberry’s motion.
Police said the arrests were the culmination of a six-month investigation. The suspects allegedly were involved in trafficking drugs from Chicago to Northeast Wisconsin.
Five search warrants were executed in Brown County earlier in July. A simultaneous search of the stash house in Chicago yielded 12 kilograms (26 pounds) of fentanyl, four kilograms (nine pounds) of cocaine, 748 grams (1.6 pounds) of meth, 460 grams (one pound) of heroin, 16 guns and some marijuana.
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