Thrown out trial to be reheld Read Comments
ADVERTISEMENT
Check This Out!

checkthisoutnewhome

yoopertubehome 

The first trial was thrown out after the presiding judge, Joe Zeleznick, allegedly fell asleep during the proceedings.

Tuesday, October 06, 2009 at 11:47 a.m.

Read more: Local, Crime

ONTONAGON -- The case against an Ontonagon man is moving ahead, despite his first trial being thrown out.

According to the Ontonagon County Prosecutor's Office, Cody Monville will be back in front of a jury in January.

Monville is charged with eight counts of possession of marijuana with intent to deliver.

His first trial was thrown out after the presiding judge, Joe Zeleznick, allegedly fell asleep during the proceedings.  He has since retired, and cases are being tried by Judge Roy Gotham from Gogebic County.

A permanent replacement has not been found yet.

As for the Monville case, objects of double jeopardy were dismissed, and a new trial date set for January 11 of next year.

SPONSORED CONTENT
17 Comments on this Story
Comments are the sole responsibility of the person posting them; they are not reflective of the views or opinions of Barrington Broadcasting, TV6, its directors or employees. If you believe a comment violates the Barrington Terms of Use, please report it here.

GET REAL

Posted by tim truth, marquette - Friday, October 30, 2009 at 10:04 p.m.

Well jewell it's funny that you seem to think that there was a shoping list of drugs was found during the search of the house? I do not know where you get your info but i watched the first trial and saw all the evidence presented, i can assure you that there was no shopping list or anything of that sort. Get over this, move on with your life leave the poor kid alone. There are far greater threats in ontongaon than CM believe me.

shopping list

Posted by James Jewell, Ontonagon - Tuesday, October 13, 2009 at 11:58 a.m.

Yes, I do think that a shopping list of drugs that were found at the house proves ownership of what was found. I'd be a little nervous about it. And if he isn't, he should be.
You might be right about the amounts...I don't know what was found but the variety doesn't look good. Would be hard to prove with the shaky witnesses. Still, 7 counts of possession is no joke.
Now, what is this lawsuit you speak of? That's the second person who said such a thing. Seven figure? Is that one figure for every count he's being charged with? Even if he doesn't get found guilty, there is plenty of evidence for a case and the is NO WAY that he would be successful suing the state.

Sure

Posted by tim timity, marquette - Tuesday, October 13, 2009 at 2:02 a.m.

So some writing on a calander is going to prove who possesed some drugs? Wow that is ludicriouis, and the amount of the alleged prescription drugs found during this incident was mere possesion charge under 25grams. So yes you must prove the intent to deliver the amount is not enough jewell. Get over it we all know this case will never go to trial again if the state losers your talking a 7 digit lawsuitl. Case Closed for National Securtity purposesl.

reply to trav

Posted by James Jewell, Ontonagon - Monday, October 12, 2009 at 11:18 a.m.

I think you missed the big point. I don't think for a second that CM will lose this case. I would NEVER put RP on the stand. Someone who has a deal to save their own behind will not make a good witness. If she gets on the stand and proclaims innocence, you know damn well that any attorney that doesn't have head up butt would be able to poke holes in testimony. However, our local prosecutor will make this mistake.
If this was my case, (a)I'd have one of the police officers that searched the house enter into evidence the calender with lists of various "drugs to buy" on it and the seven various drugs found at the scene that surely match the calender. (b) Verify whose writing is on the calender which shouldn't be too difficult. This would imply the "possessor of the drugs."
"Drug possession statutes impute an intent to distribute if the accused possesses an amount of the substance at or above some statutorily defined amount." Which means you don't have to be caught in the act, just the amount which was the case in this instance. That's it. There's no need for any more evidence. What could be gained by putting RP on the stand? Nothing.
So in closing, is RP the devil? Is she a known drug addict? Is she a bipolar chronic liar? Was she involved in drug trafficking? Did she abuse him too? Let's say these are all true. Does that make CM innocent?

Fact vs opinion

Posted by trav koske, marquette - Friday, October 09, 2009 at 8:51 p.m.

Well jewell you contradict yourself all through your comment. If you got to know CM than you would know that he has since taken steps to better his life. Yes ive known cody forever he is a good kid. You make a accausation of abuse but for fact infact RP abused him much more than you know. She is a known liar who refers to herself as the devil. You dont know what will happen in the future of this young mans life. He dont belong in prison. Regardless of what you think the justice system has protections for the people against these kind of things. For a bipolar chronic liar who if there were drugs being dealt was obviously as equal. The process in which a prosecutor must prove beyond a reasonable doubt can not be achieved from just hear say and a drug addict pointing fingers who has signed a contract to get off her charges in return to say what they want her to say does not meet that standard. My point is this. These things cost money, this is a waist of money. So cause RP should get justice or you think she should is worth my tax dollars? Sorry but your whole comment is evidence of just how dumb you are. If cody was selling drugs than one would think they would have some witnesses to prove it. Dont you think if he was selling drugs the law would have sufficent evidence to prove it. It is clear that they dont. Just a statement of a mad girlfriend with a record of prior drug charges is not good enough. Infact the facts are that she is the only one who knew them drugs were at her house. Cody has witnesses to testify to rachaels involvment in drug trafficking. Good luck people there will be a lawsuit at the end of this due to putting this kid through everything that this brings. So good luck justice will be served here.

Points to Ponder

Posted by James Jewell, Ontonagon - Friday, October 09, 2009 at 11:51 a.m.

Since this whole incident, I had to the chance to get to know both Cody and the "uncredible drug addict pointing fingers at somebody just to save her own ass." One has been holding down two jobs and seems to have her life back on track. The other was arrested within a week of being released from jail and since has been asked kindly to not enter not one but TWO local establishments where there had been minor incidents.

Let's just say he's innocent. It's very clear that he WILL end up in prison at some point in time regardless of what happens in this case. You can argue until you're blue in the face but this isn't my opinion, this is fact.

How can you possibly stick up for CM...he's a good kid and all this crap...have you people ever met him??? You wouldn't say such sweet things if you knew him in the least. And to rag on RP like she caused all this? If you knew her at all instead of listening to all the negative voices out there, you'd see one of the nicest people I've ever met.

Gotta love this town where a gal that gets beat up constantly and finally blows the whistle becomes the villain and everyone jumps to support a known drug-dealer. How could you ever get bored of this?

9 Months Already?

Posted by Innocent Until Proven, Guilty - Thursday, October 08, 2009 at 12:25 p.m.

He's spent 9 months in jail already, what happened to a right to a speedy trial?

You people must be bored

Posted by tim timothy, gogebic county - Wednesday, October 07, 2009 at 8:32 p.m.

Yeah i am sure that you know that cody never worked a honest day in his life to be fact? I am sure he has and as far as what you think the kid lives for who are you to make such a hostile comment. Look people the kid didnt get off easy. Infact he sat in the county jail for 9 months lets not forget. Although innocent the man sits in jail for almost a year. This is a joke people, Cody is a good kid and is innocent. Lets keep in mind that we did hear from jurors in the original trial and clearly we can say for fact that he wasnt going to get a unaminous guilty verdict. Monville has a well skilled trial attorney and is well defended. Lets spend some more money trying a case that already was tried and represents no violence or action of somebody getting hurt. I believe that cody monville is innocent but i havent heard the case so i couldnt say for sure. That fact alone should not matter as he has already sat adequete jail time and therefor has already been punished. It is the courts decision to waiste the countys resources in such a event of a jury trial on a non violent individual for marijuana. Maybe thise kind of things are why we as a state are so far in debt. Prosecutors want or high of full filling his ego

Hear say

Posted by truth Hurts, Baraga mi - Wednesday, October 07, 2009 at 6:22 p.m.

I happen to know cody and he is a good kid. Infact cody is not a habitual offender, he has never been charged with a drug crime in his life nor has he ever been convicted of a felony. that is a habitual offender? I would say this community has far bigger threats than mr.Monville. Lets not forget that the prosecutor was failing to prove his guilt in the original trial. Lets not forget that he already sat in jail for 9 months. U call that got off free? I think thats harrasment because after all he is innocent until proven guilty. Not in ontonagon. Cody has a very skilled defense attorney far above our local prosecutor who's record on trial speaks for it self. They got one witness a uncredible drug addict pointing fingers at somebody just to save her own ass. Justice will be served you will see. Than what are you going to do? CRY? This should of been forgotten wow you people need a life

Enough is Enough

Posted by sick and tired, Ontonagon - Wednesday, October 07, 2009 at 2:32 p.m.

Cody hasn't worked an honest day in his life. Got off easy the first time around thanks to a sleepy judge, but don't forget that he was picked up days later on possession--how many get out of jail cards does one get? Cody is what you'd classify a habitual offender....the only thing he lives for is drugs...if you want to get rid of the trash around town this is a good place to start.

Poor boy

Posted by Old Fashioned, Ontonagon - Tuesday, October 06, 2009 at 6:14 p.m.

Ohhh, the poor little boy, we feel so bad for him.
Come on, drug dealers ruin peoples lives and destroy families! I hope he has fun in prison, that's where he belongs.

He is a drug dealer...not just a user

Posted by W W, Ontonagon - Tuesday, October 06, 2009 at 5:55 p.m.

Looks like a few of his customers wrote in....get it straight! He dealt drugs, not just "weed" but pills to a lot of our kids. We have had drug overdose deaths. Send him to prison!

Clarification

Posted by tim timothy, otwn - Tuesday, October 06, 2009 at 4:27 p.m.

Sorry to burst your bubble there buddy. The prosecutor for ontonagon county is definently a man not a women. So you better check your resources and confirm your acusations. This whole case is a debacle, who cares about this anymore? The kid was punished, quit waisting tax payers money. GO AFTER REAL CRIMINALS WHO ARE VIOLENT AND HAVE A CRIMINAL HISTORY

Local prosecutor must be bored!

Posted by T Phelps, Hancock - Tuesday, October 06, 2009 at 3:12 p.m.

I agree about the waste of taxpayer monies to prosecute a case like this! What no meth labs to bust, spousal abuse cases, robbery, dicey murder cases, drunk driving cases to prosecute? I suppose the local attorney in charge of keeping the public safe figures he/she is doing yeoman's service by harassing some kid charged with smoking weed. It's no wonder the judge fell asleep! What a farce!

Clarification

Posted by Straight Facts, End of Earth - Tuesday, October 06, 2009 at 2:31 p.m.

That would be 1 misdemeanor charge of possession of marijauna and 7 seven year felony charges of prescription drug trafficking. As to the first comment posted, the Ontonagon prosecutor is a she, not a he. Isn't it time she goes after the doctors who are flooding the streets with these pills too?

Drug Dealers - get rid of them

Posted by W W, Ontonagon - Tuesday, October 06, 2009 at 2:26 p.m.

I hope this drug dealer goes away for a long time. He's been at it for a long time up here. Good job to the police! Get more of them, they are hurting our children.

what a waiste

Posted by tim timothy, otwn - Tuesday, October 06, 2009 at 1:54 p.m.

So we are going to waist more of the countys money that it dont have to re try a man that already sat 9 months in jail? Leave the poor kid alone man. He has suffered enough. All just to satisfy the local prosecutors ego. Why? maybe this time they can finish the trial. But probably not. Such a weak case to try to prove but yet he gotta get his jollies.