Drug Dealing (F)
Defendant's Motion for Postconviction Relief Pursuant to
Superior Court Criminal Rule 61
Gregory R. Babowal, Esquire, Deputy Attorney General,
Department of Justice, for the State of Delaware.
L. Crossman, Pro se.
COMMISSIONERS REPORT AND RECOMMENDATION
M. FREUD COMMISSIONER.
defendant Brian L. Crossman ("Crossman") pled
guilty on May 2, 2017 to one count of Drug Dealing, 16
Del. C. § 4754(1). Crossman was also facing
another charge of Drug Dealing, two counts of Tier 1
Possession of Meth-amphetamine, one count of Conspiracy in
the Second Degree, one count of Endangering the Welfare of a
Child, two counts of Possession of Drug Paraphernalia and two
counts of Possession of Marijuana. Nolle prosequis
were entered by the State in exchange for Grossman's
guilty plea. After much negotiation Grossman's attorney
was able to get the State to recommend a sentence of eight
years Level V suspended after serving nine months with credit
for time served. The Court agreed with the recommendation and
sentenced Grossman accordingly. Additionally, Grossman's
attorney and the State agreed to give Grossman credit for two
separate periods of pretrial incarceration while Grossman was
held on one matter in lieu of posting bail initially and on a
[another?] matter held without bail due to his being arrested
for new violent felonies pursuant to 11 Del. C.
charges stemmed from Grossman being found in a vehicle with a
large quantity of drugs following a traffic stop for
"failing to signal a turn." Inside the vehicle in
addition to Crossman and his co-defendant were two children.
Grossman was the guardian of one of the children. More drugs
were found in a hotel room which Crossman had the key for,
following the execution of a search warrant. Also found in
the room was a court subpoena with Grossman's name on it.
Given this evidence the Plea Agreement that resulted in only
a few months additional incarceration was extraordinarily
beneficial to Crossman especially in light of the fact that
the state's initial plea offer had been for two years
incarceration not nine months with credit for time served.
Crossman did not appeal his conviction or sentence to the
State Supreme Court. He did file several Habeas Corpus
motions and a motion for reduction of sentence that this
court denied. On July 31 2017, Crossman filed the pending
motion for postconviction relief pursuant to Superior Court
Criminal Rule 61, in which he alleges, in part, ineffective
assistance of counsel.
motion, he raises the following grounds for relief:
Ground one: Ineffective Assistance of Counsel. I never
received a discovery after several requests to challenge
sufficiencies. I wasn't able to use the protections
guaranteed by the U.S. Constitution and the DE Constitution.
I requested a copy of the indictment, motion to severance,
invoke U.S. Const. Amend. 4 & 14.
Ground two: Illegal Detention. Detention lasted hours longer
then an illegal detainment should last.
Ground three: Illegal Arrest. The owner of the contraband was
already established. Voluntarily (sic) statements were made
throughout the course of the incident. I was thoroughly
searched and I did not possess anything illegal. I was not
wanted and I was not a probationer or fugitive.
Ground four: Illegal Search, I was not on probation; nor did
I possess anything illegal. No illegal sells were made from
the dwelling where contraband was allegedly found. Consent
was not given to search. A traffic stop was used to explore
Ground five: Denial of right to confront witness. My proof
positive hearing was rescheduled 4-5 times allegedly and
never taken place which would have allowed me to compel
statements from codefendant which were favorable to my case.