One defendant was due in court for what was supposed to be a routine hearing about his federal drug charges. But when proceedings began in the St. Paul courtroom, no one appeared for the prosecution.
The U.S. Attorney’s Office in Minnesota hadn’t assigned a new prosecutor to the case after the previous lawyer for the U.S. government suddenly resigned mid-January. The federal prosecutor’s office asked to delay future hearings to find a new lawyer amid a wave of more staff departures, according to court records.
One week later, the U.S. Attorney’s Office asked to dismiss the case without prejudice “rather than assign a new prosecutor to handle it,” according to court records. U.S. District Judge Jeffrey Bryan agreed to throw out the case and ordered the man’s immediate release from custody.
The dismissal, a legal step that’s typically rare, was one of several recently filed in Minnesota’s federal court system. The Minnesota Star Tribune has identified six federal criminal cases tossed at the request of prosecutors as the U.S. Attorney’s Office grapples with over a dozen resignations and a soaring immigration caseload.
The dismissals, granted over the span of about 10 days, almost exclusively involve defendants charged with drug crimes. Each case was dismissed without prejudice, meaning prosecutors reserve the right to refile them.
The Minnesota Star Tribune is withholding the names of defendants whose cases have been dismissed.
“This, I think, is a pretty good indication of an office in crisis,” said Bradford Colbert, a state public defender and professor at Mitchell Hamline School of Law.
The office, currently led by U.S. Attorney Daniel Rosen, an appointee of President Donald Trump, did not respond to the Star Tribune’s questions about the dismissals.