For now, a new judge will conduct the next hearings in the criminal drug cases of Winnebago’s former mayor and his son.
A week after denying plea agreements for 68-year -old Scott James Robertson and 46-year-old Jacob Jon Robertson, court documents show that Faribault County Judge Troy Timmerman reassigned the case to Martin County Judge Michael Trushenski.
Cameron Davis, Faribault County Attorney, says defense attorneys will present probable cause challenges which may involve the search warrants.
“Judge Timmerman signed some of the warrants, precluding him from ruling on these issues,” says Davis. “I believe the cases will be reassigned to Judge Timmerman after the probable cause challenges are resolved.”
According to court records, a contested omnibus hearing has been scheduled on Sept. 6 at the Martin County Courthouse.
On July 24, Timmerman rejected plea deals for the Robertsons to amend a felony charge of first-degree cannabis cultivation and plead guilty to third-degree misdemeanor possession of cannabis.
Both men also were facing three other felony charges for growing about 240 marijuana plants, but those would have been dismissed.
Timmerman reportedly denied the plea agreements because the criminal complaints say a felony has been committed not a misdemeanor.
He also did not agree to a stay of adjudication for one year, meaning they would avoid conviction if they complied with conditions set by the court and the incident would be removed from their criminal record.
Last February, the Robertsons were each charged with two first-degree felony counts of unlawfully cultivating more than 23 cannabis plants and felony charges of first-degree aiding and abetting of unlawfully cultivating more than 23 cannabis plants.