WILKES-BARRE — While formal charges against alleged Luzerne County election board meeting disruptor Joseph Granteed have yet to be filed in Luzerne County Court, his attorney is taking an aggressive offensive attack.
Attorney Matthew T. Muckler filed a motion this week to dismiss the entire case against Granteed, 68, of Plains Township, advocating that there is clearly a lack of evidence to proceed.
Granteed was charged by the Luzerne County sheriff’s office with disrupting the March 19 election board meeting by speaking 10 to 15 seconds longer than the allotted three minutes given to the public to speak, and allegedly shoved a sheriff deputy who ordered him to leave the meeting room. There were no reported injuries by the alleged shove.
A video of the meeting showed that after Granteed took his seat, he made a comment to election board member Rick Morelli, who was directing comments at Granteed.
Granteed was initially charged with simple assault, disrupt meeting, harassment, disorderly conduct, which were dismissed by District Judge Donald Whittaker after a preliminary hearing held April 16.
On the same day the charges were dismissed, the sheriff’s office refiled the case against Granteed, which set up a second preliminary hearing and included Assistant District Attorney Allyson L. Kacmarski.
Prior to the second preliminary hearing held July 9, Kacmarski added a felony aggravated assault charge over Muckler’s objection. Whittaker agreed to Kacmarski’s request to add the felony assault charge.
After the proceeding, Whittaker determined Kacmarski established a case against Granteed, sending all the charges including the felony aggravated assault offense to county court.
More than a month has elapsed, and prosecutors have yet to file a formal case, called a criminal information, against Granteed in the Court of Common Pleas.
Despite the yet-to-be-filed criminal information, Muckler is seeking to have the entire case dismissed against Granteed.
Judge David W. Lupas scheduled a hearing on Muckler’s request on Sept. 9.
