Court document alleges Jolly "bought, sold, funded, transported" drugs
By Greg A. Bedard of the Journal Sentinel
Green Bay - With a clean record, Green Bay Packers end Johnny Jolly was most likely headed for a probated sentence, even if he was convicted on felony drug possession charges in Houston.
That is no longer the case.
It has become apparent the Green Bay Packers' end could face substantial prison time if he is found guilty.
Prosecutors in Houston intend to present evidence that Jolly was an active participant in the drug trade from approximately 2006 through May of 2008 during his upcoming codeine possession trial.
Assistant Harris County District Attorney Todd Keagle has filed a notice stating his intention to "use extraneous offenses and prior convictions for impeachment and/or punishment" during Jolly's trial, which is set to begin Friday.
Among those alleged extraneous offenses: That Jolly "bought, sold, funded, transported and aided in the buying, selling, funding and transportation of illegal narcotics including cocaine and marijuana" in Harris County from 2006 through May 2008.
The prosecutor also intends to introduce evidence that during the same period, Jolly was seen smoking marijuana and consuming liquid codeine; that Jolly "showed deception" during a polygraph test this month when asked about his use of alcohol, marijuana and street narcotics while on bond since December 15; and that he has attended nightclubs and bars and consumed alcohol since December, in violation of his bond.
Michelle E. Beck, Jolly's defense attorney, said that the document includes only "vague allegations" and that the fact that prosecutors filed it does not prove anything. She said Jolly has never previously been convicted on any crime.
"I could file a notice of intent to prove I'm Santa Claus, but that doesn't mean it's true," she said.
"We dispute (the allegations), and we look forward to having our day in court," she said.
But there's a huge caveat with this evidence: unless Jolly's attorney opens the door for it to be introduced at trial, it will only be disclosed during sentencing. So if Jolly is found not guilty or changes his mind and agrees to a plea deal, none of the evidence will see the light of a courtroom.
There is a possibility that federal charges could be brought against Jolly related to these allegations, but at this time there is no physical evidence.
If Jolly is found guilty on second-degree felony charges, he could be facing a double-digit sentence if the jury believes the evidence Keagle said he has obtained.
According to a source close to the investigation, a witness has come forward who will testify that Jolly not only funded drug transactions, but was present at the time of the dealings and used many of eight cars to carry the drugs in multiple transactions.
The source believes this witness is already incarcerated on an unrelated offense and it's unclear whether he's been given anything in return for his testimony.
The name of the witness has not yet been provided to Beck, but has to be before the trial starts.
Keagle, the prosecutor, was in court Thursday and could not be reached for comment.
The Packers have long said they will not comment on Jolly's legal situation.
The Packers put a first-round tender on Jolly, a restricted free agent, worth $2.521 million for the 2010 season. He still has not signed his tender.
Packers coach Mike McCarthy was asked about Jolly's situation Wednesday before the latest allegations came to light.
"I'm concerned for Johnny Jolly personally," McCarthy said. "He's a member of our football team that's going through a legal situation and we're monitoring it closely, and we'll just continue to support Johnny the best we can."
Asked about the team making preparations for being without Jolly because of suspension, McCarthy said: "With Johnny's situation, definitely his availability is in question. I don't think you can deny that."
The NFL will likely investigate the evidence the prosecutor has even if Jolly is found not guilty and he could be open to a longer suspension than originally thought.
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