A Culdesac man charged with attempted murder filed his own request for a judge to declare his case a mistrial.

Brian D. Grimm, 59, is charged with attempted first-degree murder for allegedly attempting to run over his roommate, Michael Dranichak, three times with his car in July. Grimm filed a motion Jan. 25 for mistrial with 2nd District Judge Mark Monson.

According to Idaho criminal rule, the court can declare a mistrial and order a new trial based on a motion from the defendant or the prosecution or when the jury is unable to reach a verdict. The defense or prosecution can make the motion when there is an error or legal issue during the trial.

Grimm, in his handwritten motion, wrote he has been asking for discovery since July, which he hasn’t received. Discovery is used by both the prosecution and defense to notify the other about evidence and witness lists that may be used at trial. According to court documents, the defendant requested discovery July 26 and the Nez Perce County Prosecutor’s Office filed responses Aug. 8, Aug. 16, Aug. 28 and Oct. 16 that include a list of witnesses and evidence.

Grimm also wrote in his motion that when he was in court Jan. 10 his public defender, Rick Cuddihy, asked for more time to prepare for trial “against my better judgment.” Grimm wrote that he and Cuddihy went into another room to discuss it.

“This is not how legal proceedings should be done,” Grimm wrote in the motion. “This is a violation of my constitutional rights. I still have never seen a discovery in my case. I’m asking your honor to grant a mis trial {sic}. Thank you.”

Cuddihy was appointed to the case Nov. 8 after public defender Lawrence Moran was removed when Grimm signed a plea agreement that he later revoked, resulting in a trial being set. In a motion to continue that was filed Jan. 9 by Cuddihy, he wrote that his law firm has reviewed the discovery and obtained an accident expert to review the investigation and data. The defense was waiting for the expert to finish its investigation and, because the investigation was incomplete, it wasn’t ready for a trial scheduled for Jan. 22, according to the motion.

A pretrial hearing was scheduled for Jan. 10 and Cuddihy told the court that moving the trial would interfere with the right to a speedy trial, according to court minutes. A defendant’s right to a speedy trial must take place within six months of the defendant’s arraignment unless the defendant waives the right to a speedy trial. Grimm’s arraignment in district court took place Aug. 30, which meant that to comply with the speedy trial requirements the trial had to take place in February.

Cuddihy anticipated that it would take a month to get the information from the investigation, and then the defense would need to prepare for trial, so Cuddihy initially asked for a trial in May, according to court minutes.

Monson said the decision to waive speedy trial is up to the defendant with the advice of his attorney. Monson told Grimm that if he did waive his right, since he was in custody he would have priority over someone who was out of custody. Monson also said once a defendant decides to waive speedy trial “it doesn’t come back,” according to court minutes.

Grimm said he wasn’t going to give up his right to speedy trial and he has “already been sitting in the hole for six months,” according to court minutes.

Monson told Cuddihy and Grimm they could discuss it in the jury room and Cuddihy said he would talk to Grimm about having the trial in March. The two talked for about 25 minutes and then returned to the courtroom, according to court minutes.

Cuddihy said Grimm was prepared to waive his right to a speedy trial based on if the court can get the trial set. Cuddihy requested a trial in March around the 18th or 25th. Monson then scheduled the trial for March 18, according to court minutes.

Grimm signed a speedy trial waiver, which includes information about the right to speedy trial outlined in Sixth Amendment to the U.S. Constitution, Idaho Constitution and Idaho code as well as information that once the right to speedy trial is waived a trial can be set outside the six-month time frame, according to the document.

The jury trial for Grimm is set for March 18 and a pretrial conference hearing is scheduled for March 6. Grimm faces a maximum penalty of 15 years in prison as well as a $50,000 fine for the charge.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.