McHenry man makes 853 phone calls from county jail to co-defendant

A McHenry man held in McHenry County Jail charged in connection with a fatal fentanyl overdose made 853 phone calls to his co-defendant and is facing a loss of phone privileges, according to a motion filed by a prosecutor with the McHenry County State’s Attorneys Office.

John Maly, 29, also could lose his rights to possessing case discovery materials provided to him after making threats that he will release the documents should the lead detective in his case not be prosecuted for perjury, according to another state’s motion.

Maly, in custody at McHenry County Jail on $500,000 bail since March 10, 2021, is accused of delivering a fatal dose of fentanyl to Tyler D. Martin of McHenry on Oct. 24, 2020.

His co-defendant, Casey L. Johann, 26, of Hebron, who he is accused of calling from jail, was released from prison in January after serving part of a five-year sentence for her role in the fatal overdose.

Johann was initially charge with drug-induced homicide and unlawful delivery of a controlled substance. In 2021 she pleaded guilty to an amended charge of attempted drug-induced homicide and received probation. She later violated her probation by testing positive for illegal drugs and not receiving a substance abuse evaluation. She was then re-sentenced to prison, according to the Illinois Department of Corrections website.

She is facing a new charge of perjury in connection with the fatal overdose, according to an indictment filed in the courthouse.

Maly has been ordered not to have any contact with Johann or anyone named in any charging documents related to his case. However, since February, Johann’s phone number has received 853 calls from the jail, of which 777 of the calls came from Maly’s jail account, Brian Miller wrote in the motion filed in the McHenry County courthouse last week.

The other 76 calls were made by Maly from other inmates’ phone accounts.

“The defendant has demonstrated a complete disregard for the court’s orders,” Miller said.

Maly’s attorney, Brian Stevens, said the calls likely stem from the fact that Maly and Johann have a child together.

“So the question becomes, what takes precedence over the phone calls? That she is a codefendant or that she is the mother of his child?” Stevens said.

In a separate motion, Miller said Maly, who was granted possession of redacted copies of discovery related to his case, wrote a letter threatening to share the discovery with others.

Providing the discovery directly to Maly was granted in 2021 under the Illinois Supreme Court Rule 415 that it be protected and not published or shown to anyone else.

However, Miller said, last week the state’s attorneys office received a letter written by Maly requesting the lead investigator in his case be prosecuted for perjury or he would violate the rule.

“He threatened that if the state failed to prosecute or failed to respond to his letter within 14 days of receipt he would send copies of his discovery to various governmental agencies,” Miller said.

Maly’s letter suggests he may have already sent the discovery to others, the prosecutor said.

“Given [Maly] sent an ultimatum to the state demanding that the state prosecute a police officer, ... there is good cause to require that [Maly] turn over all copies of discovery materials to his counsel,” Miller said.

Stevens acknowledged the protective order and said he does not believe Maly has released any such discovery.

The motion is set to be argued Tuesday.

Maly, who is charged with drug-induced homicide, Class X felony, and unlawful delivery of a controlled substance, is set for a jury trial in September.

If convicted on the Class X drug-induced homicide charge he faces up to 30 years in prison. In order to be released from county jail, he must post $50,000.