(Update) Rosemount Woman, Inver Grove Heights Men Waive Speedy Trial, Denied Contact With Each Other

Update (Dec. 19, 2011) Three of the four defendants in an early-December drug bust that netted 391 pounds of marijuana waived their rights to a speedy trial Monday morning in Dakota County court.

District Court Judge Tim Wermager continued to April 9 the omnibus hearing for Scott Cunningham, Holly Swenson and Brian Speldrick to give their respective attorneys a chance to consider all components of the challenging case. 

"This is very complex case that involves a sophisticated drug distribution conspiracy involving two counties," Dakota County prosecutor Kevin Golden said in court. 

Two of the three defense attorneys for the trio had only just been retained within the last few days. 

Making matters more complicated at Monday morning's hearing was the issue of a no-contact order placed on Cunningham and Swenson who, prior to being arrested, lived together in a romantic relationship involving children. 

"The no-contact order is in place to prevent the defendants from colluding, subverting counsel and tainting their own testimonies," Golden argued.

Holly Swenson's defense attorney, Steven Tallen, disagreed.

"(Cunningham and Swenson) have no children together but their children co-mingle in the same household ... The best thing they can do right now is to try to be a family until this is resolved," Tallen said.

Tallen then cited a federal court precedent in which co-defendants were routinely allowed contact with one another to solidify their defense. 

John Nelson, defense attorney for Speldrick, argued that nothing in the criminal complaint implicated his client in any crime and thus, a no-contact order only hurt the defense.

"The residence in question is not even my client's residence, he was merely storing property there," Nelson said.

Facing a complex case involving juvenile children, co-defendants, serious drug charges and cross-county jurisdictions, Judge Wermager decided to deny contact between the defendants—at least until he has a chance to really consider the case.

"I'm going to rule on this but it's going to be a written order," Wermager said. "I need some time to look over everything. The no-contact order stays in place until then."

The judge did schedule a settlement conference for July 11 and a jury trial on July 30, in the event the case requires them. 

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Original story (Dec. 2, 2011; by Betsy Sundquist) Three Dakota County residents and one from Faribault County are facing felony drug charges after an Inver Grove Heights drug bust that netted almost 400 pounds of marijuana.

The street value of the seized marijuana was more than $1 million, according to Dakota County Attorney James Backstrom's office.

Those charged are Scott Bradley Cunningham, 42, of Inver Grove Heights; Holly Joann Swenson, 28, of Rosemount; Brian Lee Speldrick, 52, of Inver Grove Heights; and Jerilyn Reis, 41, of Kiester, Minn.

All four are charged with first-degree drug possession with intent to distribute and first-degree drug possession, each of which carries a maximum penalty of 30 years in prison and a $1 million fine.

Cunningham, Swenson and Speldrick remained in the Dakota County Jail Friday, Cunningham and Speldrick on $500,000 bonds and Swenson on a $250,000 bond. All have omnibus hearings scheduled for Dec. 19 in Dakota County District Court in Hastings. Reis' whereabouts are unknown and a warrant has been issued for her arrest.

According to the criminal complaints, agents with the Dakota County Drug Task Force executed a search warrant at Cunningham’s home in the 9200 block of Inver Grove Trail on Nov. 4. When agents knocked on the door, they found about a dozen juveniles, who told them that neither “Scott” nor any other adult was home.

Police checked a garage on the property and found Reis, who told them that she and her boyfriend, Speldrick, had been in the garage. She told agents she didn’t know what was going on in the house, according to the complaints.

During the search, agents contacted Cunningham by phone, and he returned home. He declined to make a statement.

In the Nov. 4 search, agents found a number of marijuana plants, tubs and other containers holding large quantities of marijuana, assorted drug paraphernalia, at least six firearms and ammunition, and documents identifying Cunningham, Swenson, Speldrick and Reis.

The amount of marijuana seized during the initial raid totaled almost 14.5 pounds.

On Nov. 28, task force agents received an anonymous tip that during the Nov. 4 search, they had failed to find a room concealed by a false wall, which the tipster said contained a large amount of marijuana.

The tipster described the secret room as a “dirty animal room,” and agents recalled seeing a room on Nov. 4 that contained a number of cats, according to the complaints.

Task force agents obtained another search warrant and returned to Cunningham’s home on the morning of Nov. 30. Agents found Cunningham and Swenson inside the home and Speldrick in the garage.

Officers located a pegboard in the home’s lower level and found a secret doorway leading to the hidden room. “Inside the room were 30-gallon Rubbermaid containers, stacked in some cases to the ceiling, filled with suspected marijuana,” the complaints say.

During the second search, agents seized 72 large containers filled with marijuana plants, more drug paraphernalia, $4,448 in cash and another shotgun near a safe in the secret room. They also seized a bowling trophy and a class ring belonging to Cunningham.

Task force agents stripped the stalks and seeds from the marijuana plants found in the Rubbermaid containers and found that it weighed 376.7 pounds. The total weight of marijuana seized from Cunningham’s home during both raids was 391.19 pounds, according to the complaints.