A Pittsburgh man tagged as the leader of a $4.6 million drug ring that operated in Huntingdon County from December 2016 through January 2018 will get a new trial because he was inadequately queried by the judge when he announced he wanted to try the case himself.
The Pennsylvania Superior in an opinion handed down Thursday ruled that Arthur Lee Griffin Jr., 41, was not properly informed by Huntingdon Judge George N. Zanic about the elements of the charges against him and the amount of time he faced if convicted and therefore was unable to make a “knowing, voluntary and intelligent” decision to represent himself during his 2021 trial.
The judge extensively questioned Griffin about his desire to be his own attorney and concluded he understood the charges against him and knew that he faced extensive time behind bars if convicted, but a three-judge panel of the Superior Court concluded the judge did not go far enough in his questioning.
The opinion written by Judge James G. Colins stated, “the trial court failed to ensure (Griffin’s) awareness or the permissible ranges of sentences and fines” that he could receive if convicted.
During the court’s colloquy, the prosecution reported that Griffin, if convicted of all the charges, could receive a maximum sentence of anywhere from 10 to over 80 years.
The prosecution informed Griffin that another man convicted of operating a Huntingdon County drug ring, Marcus Womack of Philadelphia, had received a sentence of 39 to 90 years.
Yet the Superior Court concluded, “This discussion concerning sentencing failed to accurately note the applicable sentencing ranges in any fashion and thus also failed to ensure (Griffin’s) understanding of his sentencing exposure at the time of his waiver of counsel.”
It also found that the judge never reviewed the elements of each crime charged to Griffin prior to approving his request to serve as his own attorney.
Griffin was the subject of a statewide grand jury investigation and in 2018 was charged with the crimes of possession with intent to deliver a controlled substance, dealing in the proceeds of unlawful activities, participation in a corrupt organization (racketeering), the criminal use of the communication device and two counts of conspiracy.
Griffin was convicted on all counts and was sentenced to 19 years, three months to 38 years, six months.
He is serving his sentence in the State Correctional Institution at Houtzdale.
Griffin filed an appeal with the Superior, but this time around he had an attorney, Jeremy Benjamin Cooper of Aspinwall.
The defense raised several issues on appeal, including: whether it was improper to deny Griffin a new trial in view of the alleged inadequate instruction by the judge; whether Griffin was denied a speedy trial, and whether the evidence was sufficient to convict him.
The panel that also included Judges Alice B. Dubow and Maria McLaughlin addressed each of the appeal issues.
It found that Griffin was not denied a speedy trial in view of the COVID-19 pandemic.
However, the panel eventually decided, “We are compelled to vacate (Griffin’s) judgment of sentence and remand for a new trial based on the result of our review of the first issue (whether Griffin knowingly waived his right to counsel).”
The Griffin case was referred to the Attorney General’s Office after a routine drug investigation led by State Trooper Andrew Corl revealed there were two major drug gangs that had targeted Huntingdon County, one led by Griffin and the woman who is now his wife, Shantel Johnson of the Pittsburgh area, and the other led by Womack.
According to a summary of the Griffin case prepared by Zanic, Griffin and Johnson “made contact with the local drug community around Mount Union.”
They established themselves as having a steady supply of “product” that included heroin, fentanyl sold as heroin, and crack and powdered cocaine.
They fronted the drugs to small-time dealers who were also addicts.
The dealers became trapped “in a cycle of debt” that forced them to sell more drugs to repay the gang leaders and enabled them to feed their own habits.
Griffin was known as “Mack” and his wife went by the street name “China” or “Miss T.”
They also called themselves “Romeo” and “Juliet.”
As their drug business grew, the Pittsburgh-area pair tried to avoid Huntingdon altogether, for instance staying in a hotel in Altoona.
Huntingdon District Attorney David Smith eventually sought the assistance of the OAG and in November 2018 police arrested 32 individuals involved in the operation that grossed an estimated $4.6 million.
