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A Philadelphia man sentenced to a minimum prison term of 39 years for dealing heroin and crack cocaine in Huntingdon County has lost his bid to have his charges dismissed.
Marcus Womack, 31, who is incarcerated in the State Correctional Institution at Huntingdon, argued that his conviction and lengthy sentence imposed by Huntingdon County Judge George N. Zanic should be vacated because he was denied a speedy trial.
Under Pennsylvania's speedy trial procedures, a suspect is to receive a trial within 365 days of charges being filed.
Womack was arrested and charged with drug offenses on Oct. 6, 2017, but wasn't brought to trial for three years.
During that time, police reviewed Womack's cellphone and concluded he was involved in drug organizations in Philadelphia and Pittsburgh.
An opinion issued by the Pennsylvania Superior Court last Friday stated that state troopers came to the conclusion that additional investigation was warranted and the Pennsylvania Attorney General's Office began presenting evidence to the statewide grand jury.
Womack was originally charged with several sales to a confidential informant.
On Oct. 31, 2018, state police filed a second criminal complaint based on the grand jury findings.
Womack was among 34 suspects arrested due to the return of the grand jury presentments.
He also faced 13 additional charges that included possession with the intent to deliver, conspiracy to commit possession with intent, dealing in the proceeds of unlawful activity, participation in a corrupt organization, receiving stolen property and violation of the Uniform Firearms Act.
Womack eventually went to trial on Oct. 8, 2020.
The judge heard testimony from 16 witnesses and found Womack guilty of multiple offenses and was sentenced to 39 to 90 years in prison.
Womack and his attorneys consistently raised the lack of a speedy trial.
Womack through attorneys Kenneth Mishoe and James A. Salemme of Pittsburgh in an appeal to the Pennsylvania Superior Court argued that Womack's convictions and sentence should be vacated because he did not receive a speedy trial.
They contended the speedy trial clock began to run in October 2017, while the prosecutors contended that the clock on the charges for which Womack was convicted began to run when the grand jury returned its presentments on Oct. 31, 2018.
The issue was unique, according to superior Court judges.
Womack initially was unable to post bail after the first set of charges was filed in 2017.
After 186 days in prison Womack asked for nominal bail, which was granted, but he remained incarcerated on a parole detainer from Philadelphia.
In the meantime the attorney general, presenting a case for a second set of charges, asked the Huntingdon DA to keep Womack's first case on hold.
The Huntingdon prosecutor "repeatedly told the trial court that the first case was not ready for trial," according to the summary of the case by the Superior Court.
On March 13, 2019, Womack through his attorney cited the speedy trial rule in seeking dismissal of the first set of charges, and Zanic agreed.
After the second set of charges was filed against Womack, he protested, noting that they should also be dismissed because of their similarity to the first set of charges.
According to the Superior Court decision, Womack's speedy trial rights were not violated because Zanic properly held that the start time for the speedy trial clock was March 29, 2019, when the second set of charges was filed.
Although the Superior Court stated, "We are skeptical of the commonwealth's tactics in leaving the (first) case open despite not intending to prosecute it," it ruled the second set of charges was not a rerun of the first set but included crimes that could not have been brought in 2017.
The Superior Court opinion stated: "the difference between the crimes charged in the first and second complaints negated any inference that the commonwealth was attempting to avoid the speedy trial rule."
"We conclude that the trial court's selection of the second complaint date was within its discretion," the opinion stated.