Federal Judge makes rare Saturday ruling in case of Jessica Tobias, and a omnibus hearing is set for Monday in the trial of a Gwinn man charged with heroin sales – also issues over immunity for prosecution witnesses.

URGENT – U.P. Breaking News Bulletin – 2-4-18 – 4 p.m. ET – Update Federal Heroin Trial/Jury selection in Marquette, MI

Marquette federal heroin trials include many motions – and prompts Saturday ruling from a federal judge

Set to stand trial 30-year-old Jessica Lynn Tobias of Sault Ste. Marie, MI

 

27-year-old Joseph Gideon Gravelle of Colorado Spring and Sault Ste. Marie, MI: Just pleaded guilty and will testify against Tobias

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433
(Marquette,MI) – In a rare Saturday ruling, a federal judge approved an admission of undisputed facts involving alleged heroin buys from a Soo woman who is on trial in Marquette Federal Court.

And sentencing set for co-defendant 27-year-old Joseph Gideon Gravelle of Sault Ste. Marie, MI. (scroll down a bit for those details), who will testify against accused heroin dealer 30-year-old Jessica Lynn Tobias of Sault Ste. Marie, MI.

Jury selection started last week in Marquette, MI in two back to back federal heroin trials in unrelated cases from the Soo and Gwinn.

In an unrelated trial that is scheduled before Tobias’s trial – is the case of “Bam” the alleged heroin man:

And the jury selection and federal trial of another alleged heroin dealer from Gwinn now involves immunity for prosecution material witnesses – who may refuse to testify or give false testimony to the jury.

An omnibus hearing is set for 8 a.m. ET in federal court for this Monday, Feb. 5. 2018 in the trial of Alleged Gwinn, MI heroin dealer 42-year-old Derrick “Bam” Garrel Samuels of Gwinn, MI.
There is also concern over other witnesses and self-incrimination – they are heroin suspects Russel Leslie Gustafson, Julaine Nicole Mankowsi, Katie Marie Seymour, and Sara Ann Turner.

Katie Marie Seymour

Julaine Nicole Mankowsi

Russel Leslie Gustafson

Sara Ann Turner

“The government has reason to believe that one or more of these witnesses, upon being duly sworn, is likely to refuse to give or provide testimony on the basis of the privilege against self incrimination.,” a motion states.

Federal prosecutors have filed a motion asking the judge “to issue an order compelling the testimony of Julaine Nicole Mankowski, Katie Marie Seymour and Sara Ann Turner.”

On Friday, a judge ruled Mankowski and Gustafson can testify with immunity for this trial.
It is not clear if the judge has granted immunity for Turner and Seymore, but likely would.

Federal Public Defender Sharon A.Turek

In the second unrelated case, accused heroin dealer 30-year-old Jessica Lynn Tobias of Sault Ste. Marie, MI is on trial for what could be a big part of her future life.
This after the judge denied a defense motion demanding to see the heroin allegedly sold by Tobias almost five years ago.

Chief United States District Judge Robert J. Jonker

The judge did not see the value of ordering prosecutors to produce the actual heroin packages that would have been shown to the Tobias jury.
The rulings were made by Chief United States District Judge Robert J. Jonker.

Tobias is represented by Assistant Federal Public Defender Elizabeth A. LaCosse (above right) and Federal Public Defender Sharon A. Turek (above left).
The judge late last week approved the proposed new defense questions for prospective jurors including have they ever heard the word “snitch.”

Another defense question was would you believe the testimony of a convicted drug dealer. One more defense question is would you believe testimony from Tobias even though she is charged in a “criminal conspiracy.”

(Scroll down to read all the recent federal documents or download for free, U.P. Breaking News paid for them)

In the wake of the rulings, the defense has agreed with the prosecution on certain facts. It’s not clear what the defense strategy will be – as now they concede Tobias was involved in the heroin sales to undercover SANE agents. Possibly that the heroin buys were a pressured set-up that she was forced into.

Those facts – really admissions – were approved Saturday by Judge Jonker in a “stipulation of uncontested facts.”

Her co-defendant – Gravelle – has entered into a plea agreement with federal prosecutors and pleaded guilty to count one of the heroin conspiracy indictment.

Gravelle will be sentenced on April 4, 2018 by Judge Jonker.

He pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin. He faces up to 20 years in a federal prison.

Gravelle was bound over on December 22, 2015 on state charges of manufacturing/delivery of a controlled substance and maintaining a drug house. Gravelle and was charged as an habitual offender.

Gravelle was one of 12 people busted on December 1 by the Tri-County Drug Enforcement TaskForce (TRIDENT). The state charges became federal charges, as often happens with U.P. drug probes.

Joseph Gideon Gravelle:
Count 1 – Conspiracy to Distribute and Possess with Intent to Distribute Heroin
Maximum penalty: Not more than twenty years and/or $1,000,000 fine Supervised Release: Not less than 3 years and up to life

Straits Area Narcotics Enforcement (SANE): SANE is a multijurisdictional drug task force team the investigates drug and criminal activity in Charlevoix, Cheboygan, Chippewa, Emmet, Luce, Mackinac, and Otsego Counties.

• April 13, 2012 controlled purchase involving Tobias. SANE officers seized four small aluminum foil folded heroin bindles
• May 24, 2012 controlled purchase from Tobias. SANE officers seized four small white paper folded heroin bindles
• May 24, 2012 second controlled purchase involving Tobias. SANE officers seized three small white paper folded heroin bindles
• June 26, 2012 controlled purchase involving co-defendant Joseph Gideon Gravelle. SANE officers seized a knotted plastic bag containing heroin – a light brown powder
• July 24, 2012, controlled purchase involving co-defendant Joseph Gideon Gravelle. SANE officers seized a small knotted plastic bag containing heroin as a light brown powder

The heroin was verified in a Michigan State Police )MSP) lab by forensic scientist Karen S. Brooks, with Forensic Science Division of the MSP Controlled Substances Unit.

United States Attorney Andrew Byerly Birge, Western District of Michigan

Federal Prosecutors in Marquette, MI: Asst. U.S. Attorney Hannah Bobee, left, and Asst. U.S. Attorney Paul Lochner, right.

The federal prosecutors in the case are Assistant United States Attorney Paul D. Lochner (above right) and United States Attorney Andrew Byerly Birge (above left), Western District of Michigan.

Background: with lots of exhibits

https://upperpeninsulabreakingnews.wordpress.com/2018/01/29/two-big-heroin-cases-set-to-be-tried-in-marquette-federal-court-with-jury-selection-next-week-you-wont-believe-the-tons-of-heroin-dealing-records-just-released-by-federal-prosecutors-as-they-prep/

Read the motions, we paid for them, download for free:

Tobias admits stipulated facts with Tobias admissions 2-3-18

Tobias proposed supplemental voir dire 2-2-18

Tobias business records motion 1-24-17

Julaine Nicole Mankowsi immunity motion, ruling (1)

Julaine Nicole Mankowsi immunity motion, ruling (2)

Julaine Nicole Mankowsi immunity motion, ruling (3)

Omnibus Hrg 1-5-18 for Derrick Garrel Samuels of Gwinn, MI.

Derrick Garrel Samuels Change of plea hearing 1-22-18

Gravelle Sentenciing date set 1-18-17 for April 11, 2018

Plea Agreement report and recommendation Magistrate Judge Greeley to Judge Maloney 1-22-18

Plea agreement for 42-year-old Derrick Garrel Samuels of Gwinn, MI 1-4-18