An effort to put the drug cases against the former mayor of Winnebago and his son on hold has failed.
On Aug. 21, Faribault County Attorney Cameron Davis filed an agreement to suspend prosecution against 68-year-old Scott James Robertson and 46-year-old Jacob Jon Robertson.
But, it took only one day for Judge Troy Timmerman to decide he was going to deny the request.
The judge’s ruling means that the Robertsons’ next court appearance is a contested omnibus hearing scheduled Sept. 13 before Martin County Judge Michael Trushenski.
Timmerman reassigning the case allows defense attorneys to present probable cause challenges which may involve search warrants he signed.
According to a court document, the County Attorney’s Office would have suspended prosecution for one year, until Aug. 25, 2025, or until an earlier time as the agreement is terminated.
The defendants also waived their right to a speedy trial and further discovery in the case as it remains incomplete.
Under the proposal, the Robertsons agreed not to commit same or similar violations and not be convicted of violating cannabis or drug laws.
All plants (about 240) seized during execution of search warrants, says the agreement, may be treated as a controlled substance and would be forfeited.
Prosecutors also would forego forfeiture of any personal or real property and return it to the defendants.
The agreement also called for the Robertsons to pay for prosecution costs totaling $2,500 within 30 days. But, under state law, to recover costs there must be a conviction.
The Robertsons were charged last February and both face:
- two first-degree felony counts of unlawfully cultivating more than 23 cannabis plants;
- felony charge of first-degree aiding and abetting of unlawfully cultivating more than 23 cannabis plants;
- and, conspiracy felony of first-degree unlawfully cultivating of more than 23 cannabis plants.