Hubbard County wins appeal by dealer claiming he didn't get speedy trial
Hubbard County has prevailed in the appeal of a drug dealer-turned informant arrested for selling meth who claimed he was denied a speedy trial.
Derek Alan Anderson, 38, was "hiding out in his home," the Minnesota Court of Appeals noted. "He also spent time out of town with friends and family" eluding authorities.
"Because any constitutionally relevant delay was attributable to Anderson's concealing himself rather than to any failure by the state, the state did not violate his speedy-trial right," the appeals court ruled Monday in affirming Anderson's conviction.
Anderson was initially arrested after the sale of meth to an undercover agent in December 2006. He agreed to cooperate with drug agents and wore a wire to try to record conversations with his supplier.
When the supplier suspected Anderson was working with police, the supplier cut off contact. Anderson told officers the supplier's friend had threatened him. By January 2007, "Anderson fell out of contact with the officers, who learned that he had warned the supplier that he was working for the task force," the opinion states.
Anderson was arrested the second time on a warrant in November 2009. He claimed the state failed to bring him to trial within a reasonable amount of time.
He was convicted of First Degree Controlled Substance Crime nine months after the complaint was filed.
The opinion upholds a District Court ruling that the state's inability to locate Anderson was "primarily due to the defendant hiding out."