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Hearing set in criminal sexual conduct case

GLADSTONE — A hearing has been scheduled for motions to consolidate trials and modify bond for a Gladstone teen facing criminal sexual conduct charges in two cases in Delta County Circuit Court Tuesday.

Dickinson County Circuit Court Judge Mary Barglind, who is now presiding over the two cases involving Hunter Grizz Gallagher, 18, of 3498 21st Rd., set April 9 to discuss the motion to have joint trials for the codefendants involved in the cases and Gallagher’s pending motion to modify his bond.

Gallagher was arraigned on Feb. 6 in circuit court in two different cases involving criminal sexual conduct charges.

Gallagher is charged in one case with criminal sexual conduct – first degree (accomplices) and criminal sexual conduct – second degree (accomplices). The charges stem from an alleged incident in August 2018 in Masonville Township. Two other teens are facing charges from this incident — Tanner James-Arthur Cannon, 17, of Gladstone, and James Michael Greenlund, 18, of Rapid River. Cannon has already accepted a plea deal.

Gallagher was also charged in another case with criminal sexual conduct – first degree (during felony) and criminal sexual conduct – third degree (person 13-15). The charges stem from an alleged incident on June 13, 2017, in Gladstone. Another teen is also facing charges from this incident — Dylan Michael-Patrick McDonough, 18, of Gladstone.

Barglind is now presiding over the two criminal sexual conduct cases involving Gallagher because Delta County Circuit Court Judge John Economopoulos removed himself from the cases in February. Economopoulos disclosed he has a professional and personal friendship with Gallagher’s uncle’s wife and decided the appearance of bias was too likely to occur.

Barglind, Gallagher’s attorney Trenton Stupak and Assistant Attorney General Brian Kolodziej, who is prosecuting the cases, all agreed the trial dates shouldn’t be scheduled until after the decision is made on the consolidation motion.

Kolodziej will notify the other defendants’ attorneys on the consolidation motion with the April 9 date.

After the consolidation and bond modification motions are heard and decided on, scheduling for a trial will take place. The scheduling will be for just Gallagher unless Barglind grants the motion to consolidate the trials.

“So if I deny the motion to consolidate, (the other defendants’ attorneys) don’t have to worry about that issue because that trial date will be set by Judge Economopoulos. If I do consolidate I will have to do the trial because of his conflict, so we’ll set it for trial on my calendar,” Barglind said.

The plea cut off deadlines and supplemental pre-trials/plea hearings that were scheduled for before the April 9 hearing for both McDonough and Greenlund were extended because the consolidation motion will affect which judge should preside over the hearings and the scheduling of trials.

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