McHenry man loses phone privileges in jail, judge threatens contempt or court charge

A McHenry man held in McHenry County Jail accused of delivering a fatal dose of fentanyl lost his phone privileges Tuesday for calling his co-defendant, the mother of his child, more than 800 times.

McHenry County Judge Tiffany Davis granted the motion filed by the McHenry County State’s Attorney’s Office and told John Maly, 29, she also could impose a contempt of court charge.

This contempt charge for violating the court order could add extra time to his incarceration, she said.

“He blatantly violated the court’s directive,” said Assistant State’s Attorney Brian Miller.

Maly’s attorney Brian Stevens said on the dates that Maly called Casey Johann, 26, of Hebron, she was no longer considered a co-defendant.

“A majority of those calls related to the welfare of their child,” Stevens said.

However, Miller said those phone calls also included Maly “encouraging” Johann to “tell the truth.”

Davis also heard an argument from Miller that Maly wrote a letter to the state’s attorney’s office threatening to show other people, including other governmental agencies, copies of protected discovery that he was granted in 2021.

In the letter, Maly said he would do this unless a detective in his case was charged with perjury.

Judge Davis told Maly that though she could take the documents from him she would not. But, again threatened him with another contempt of court charge.

“If he feels his rights were violated there are ways to go about it but not to threaten the dissemination of discovery,” Davis said.

Stevens, Maly’s attorney, said Maly was not aware of the Illinois Supreme Court Rule 415 protective order over the discovery.

“I don’t have any indication you showed (the discovery to anyone) but if I learn you violated the protective order you could be found in contempt of court” and get more incarceration time, Davis said.

In another matter, Stevens was taken off the case due to a presumed conflict involving Johann.

Special Assistant Public Defender Kevin Hanzel was appointed as Maly’s new attorney.

Maly is charged with drug-induced homicide, Class X felony, and the unlawful delivery of a controlled substance.

If convicted on the Class X charge he faces up to 30 years in prison.

Maly, held in county jail on $500,000 bond, and Johann were both charged in connection with the fatal fentanyl overdose of a McHenry man in 2020, according to court documents.

Maly needs to post $50,000 to be released from county jail.

Johann’s case has since been adjudicated and she is currently out of prison on parole, according to the Illinois Department of Corrections website.

However, she is facing a new charge of perjury in connection with Maly’s case, according to documents in the McHenry County courthouse.

Maly is due in court on Aug. 2 for status of attorney.