SUDBURY—On February 19, a Sudbury judge declared a mistrial in the case of Prince Graham, an alleged southern Ontario drug dealer charged in the murder of a Toronto man in a M’Chigeeng First Nation home almost three years ago.
Superior Court Justice Susan Stothart recalled the jury on Wednesday and informed them that Mr. Graham had dismissed his lawyer. She then discharged the 13-member jury after nearly five weeks of testimony. The trial had originally been expected to last six weeks.
A new trial date for Mr. Graham, who remains in custody, will be scheduled in Superior assignment court at the Gore Bay courthouse.
Justice Stothart advised the jury that Mr. Graham’s lawyer, Susan von Achten, was “no longer the lawyer in the case … We do have some legal issues to discuss in your absence, and that is going to take some time.” The jury was dismissed for several days and told to return on Wednesday.
After hearing legal arguments, Justice Stothart ruled to declare a mistrial. Notably, this decision came on the same day a separate news report was published stating that Counsel von Achten had been seeking a mistrial.
Mr. Graham, 39, is charged with first-degree murder in the death of 30-year-old Michael Brooks of Toronto.
According to the Crown’s opening statement at the start of the trial on January 16, assistant Crown attorney Cecilia Bouzane alleged that a drug turf war led to Mr. Brooks’ murder. Ms. Bouzane told the jury that Mr. Graham had sent five men in a Toyota Rav-4 from southern Ontario to M’Chigeeng to deal with rivals in the local drug trade, including Mr. Brooks.
The jury heard that Mr. Brooks was selling drugs from the home of Jane Migwans, where he was ultimately shot in the abdomen around 1:20 am on April 5, 2022. He was later pronounced dead at the hospital in Little Current. The jury also saw video statements Ms. Migwans gave to police shortly after Mr. Brooks’ murder; however, Ms. Migwans passed away in September of last year.
The five men who were in the Toyota Rav-4—Jeromie Fuller, Sajieth Kamaraj, Umainesan Manuel, Warren Mills and Jeromie Simon—were arrested before they could leave Manitoulin Island. All five, from southern Ontario, were charged with murder.
Another man, Robbie Edwards of M’Chigeeng, was also charged but is now a Crown witness.
Mr. Kamaraj is proceeding to trial, while the remaining four accused have a court date scheduled for May 21.
Mr. Graham has remained in custody since early 2023 in connection to Brooks’ death.
EDITOR’S NOTE: The mistrial was declared Wednesday, February 19 on the same day a separate news story was published reporting that Mr. Graham’s lawyer had been seeking a mistrial. The mistrial was ultimately declared after Mr. Graham dismissed his lawyer, leading to legal complications that prevented the trial from proceeding. The jury was discharged, and a new trial date will be set in Superior assignment court in Gore Bay. Further updates on the case will be provided as they become available.
