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Sanders to be re-tried

Drug case against Flint man resulted in hung jury last month

February 5, 2014
Garrett Neese (gneese@mininggazette.com) , The Daily Mining Gazette

L'ANSE - A Flint man is headed for another trial in Baraga County Circuit Court on drug charges.

Harvey Sanders Jr., 54, was added to the trial docket for some time in April at a pretrial hearing Tuesday. His first trial in January ended in a mistrial when a jury could not reach a verdict on seven felony drug charges after seven hours of deliberation.

The trial will be scheduled for three days, the length of the first trial.

Article Photos

Garrett Neese/Daily Mining Gazette
Harvey Sanders Jr. sits with his attorney David Gemignani in Baraga County Circuit Court Tuesday. Sanders will be retried on seven felony drug counts. A January trial ended in a hung jury after seven hours of deliberation.

In May, Sanders was arrested after a traffic stop when Michigan State Police troopers found his license had expired. A search of the vehicle found cocaine and about 200 pills.

Sanders said the material had been brought along by his passenger, Calumet native Justin Jinks, without his knowledge. Jinks said while the majority of the drugs were his, Sanders had also planned to sell some in the Calumet area.

Sanders' attorney, David Gemignani, said he will have to get a transcript of the first trial to review before the upcoming trial. He said he did not intend to push the six-month limit of the Sixth Amendment "speedy trial" guarantee.

"I'm not going to push every day of that, but I would prefer something to give Mr. Sanders and I an adequate amount of time to review the transcript, in light of the prior prelim transcript, in light of police reports, so that we can do our due diligence in light of the testimony that came up during trial and form our strategy off that," he said.

O'Leary said he would like the trial to be added as soon as convenient.

Both sides said April was acceptable.

Sanders is charged with five 20-year felony counts of possessing less than 50 grams of a controlled substance with intent to deliver - one each for cocaine, morphine, hydromorphone, methadone and oxycodone. He also faces a seven-year felony charge of possession with intent to deliver dihydrocodeine and four-year charges of possession with intent to deliver alprazolam and phenobarbital.

A misdemeanor charge of possession of marijuana was dismissed.

Because of a habitual offender notice, Sanders could be sentenced to life in prison if convicted of any of the six felonies carrying five years or more.

For the two charges with lower maximums, he could serve 15 years or less.

 
 

 

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