Green Bay Drug Case Stalled as Defendant Waits Over a Year for Attorney
GREEN BAY, WISCONSIN — A man described by prosecutors as a “top-tier fentanyl dealer” has spent more than a year in jail without an attorney, prompting concerns that his case could be dismissed on constitutional grounds.
James Grandberry was arrested in the summer of 2024 during Wisconsin’s first-ever wiretap investigation for fentanyl. He faces 14 charges, including 13 felonies, and is being held on $1 million cash bail. But more than 400 days have passed since his initial court appearance on July 23, 2024, and he has yet to have a lawyer appointed.
Mounting Costs and Delays
At a cost of about $70 a day, Brown County taxpayers have already paid over $28,000 to house Grandberry while his case remains stalled.
Deputy District Attorney Wendy Lemkuil called it “one of the most significant drug cases that we’ve had.” Yet the Wisconsin Court of Appeals is now considering whether the delay violates Grandberry’s constitutional rights to due process and a speedy trial.
Grandberry told FOX 11 Investigates by phone from jail: “Every time I do go to court, it’s we have to wait for counsel, counsel, counsel. So it’s me being in here picking up my tablet and going to the law library and really reading about my constitutional rights and everything.”
Public Defender Shortage
Under state law, a preliminary hearing is required within 10 days of an initial appearance, unless the court grants an extension. Grandberry has waited over a year.
The Wisconsin State Public Defender’s Office says it has contacted 5,287 private attorneys to take his case, but none have agreed. Because at least 47 defendants were charged in the same wiretap investigation, conflicts of interest prevent many firms from representing him.
Jennifer Bias, head of the State Public Defender’s Office, acknowledged the difficulty: “We rely on our private bar attorneys very, very heavily and when those lawyers are overloaded, we just can’t appoint until we either get more lawyers, hire more lawyers, or something gives.”
Broader Court Backlog
The situation highlights a statewide crisis. In Brown County alone, prosecutors say about 3,000 cases remain unreviewed.
While the most recent state budget added positions to both the district attorney’s and public defender’s offices, officials say it is not enough. Brown County District Attorney David Lasee noted his office gained only a net increase of 2.5 positions after cuts elsewhere.
Lasee warned that if the appeals court rules Grandberry’s rights were violated, charges could be dismissed: “It’s frustrating for us because the state brings the charges but we, for obvious reasons, can’t have any part of appointing counsel for him.”
Possible Outcomes
If the case is thrown out, prosecutors could attempt to refile charges, but evidence or witnesses may no longer be available. Grandberry maintains that without an attorney, his rights are already being violated: “Once you’re violating my constitutional rights, then everything should just go ahead and be dropped.”
The appeals court is currently reviewing transcripts to determine whether extensions in appointing counsel were justified. Grandberry is due back in Brown County Court on September 23.
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