More delays in the case of a New Jersey man facing 38 drug-related charges could postpone the trial a year or more, a state attorney said.
Taji Lee, 24, is charged with selling $1.5 million worth of heroin and cocaine from late 2002 through late 2004, in what local officials have called the largest drug case in Centre County history. His trial was set to begin Monday, but will not because of a hearing over a motion to resolve bail issues.
Lee's attorney, Ron McGlaughlin, filed a motion to drop Lee's $1.5 million bail on Oct. 11, stating that the bail should be dropped because his right to a speedy trial was violated.
The constitutional right to a speedy trial guarantees that a defendant will face trial within 180 days of his or her preliminary arraignment.
McGlaughlin said because of the delay in scheduling Lee's preliminary hearing, his client has been incarcerated for more than 180 days.
Judge Charles Brown denied the motion for nominal bail on Oct. 12, but decided to have a full hearing on the matter to ensure Lee's rights were not violated.
Judge Thomas Kistler also denied the motion in August.
The hearing, which was originally scheduled for yesterday, will be continued until 10 a.m. Oct. 25, Brown said.
Mike Madeira, Pennsylvania senior deputy attorney general, said because of a miscommunication, one of his witnesses from Harrisburg was unable to attend court yesterday. The new date will allow the witness to testify in court, he said.
Madeira said Lee's April 6 preliminary hearing was delayed because McGlaughlin had been recently appointed to the case and requested a continuance until May 4.
"Those 28 days count against the defendant, because something the defendant or his counsel did delayed the case from moving forward," he said.
McGlaughlin said the court failed to notify him that he was to represent Lee, so on the day of the preliminary hearing, he had no choice but to request a continuance.
"I have a witness who will testify that on April 4, two days before the preliminary hearing, he [the witness] called somewhere -- he can't recollect where
-- to find out the status of Mr. Lee's application," McGlaughlin said. "Someone in the courthouse told him I was Mr. Lee's counsel. If someone at the courthouse knew I was involved, why was I not notified?"
If Brown grants the motion on Oct. 25, Lee would be free to leave jail until his new trial date, which would be sometime in the next court term.
If the motion is denied, McGlaughlin said he will appeal the verdict to the Middle District Superior Court, which could refuse to hear the motion and send Lee to trial or grant the motion and allow Lee to leave jail on nominal bail.
Lee could spend up to 18 months in jail waiting for the decision of the Superior Court.
"That's a heavy price for him to pay," McGlaughlin said. "But he is prepared to do so."
Madeira said his concern is the reason why Lee "desperately" wants to leave jail, if only for a short period of time.
Madeira said it does not make sense that Lee is willing to spend up to a year in jail for his chance at five or six days of freedom.
"... I'm concerned about his being a flight risk," Madeira said. "This is based on my opinion and the statements he made at the time of his arrest."
Madeira said every defendant has the right to appeal, but "if Lee decides he is going to take off, who is going to stop him?"
McGlaughlin said there is nothing in Lee's past to indicate he would violate bail and leave the area.
"That's the stock argument of the district attorney," he said. "For some reason, Lee's bail was set at $1.5 million, which, in my opinion, is way too excessive."

