Burglary suspect fires attorney, postpones arraignment

020216-Jolly

Bruce Jolly

LYNDON, Kan. – After he fired his attorney Monday, arraignment was postponed for a burglary suspect who had been shot by an Overbrook resident Oct. 8.

Bruce Jolly, 49, Overbrook, was scheduled for arraignment before Osage County Chief Judge Phillip Fromme after being bound over from Jan. 7 preliminary hearings on felony charges of aggravated burglary and two counts of vehicle burglary, along with misdemeanor charges of criminal damage to property and theft.

During the preliminary hearing on the aggravated burglary charge, Ashley Mundy, Overbrook, testified she shot Jolly inside her home early in the morning Oct. 8, after she was awakened by the sound of glass breaking.

Monday, before the arraignment began, Jolly’s court-appointed attorney William Bayne told Fromme the defendant had filed a motion to fire Bayne, and in turn Bayne had filed a motion to withdraw as Jolly’s attorney.

In a series of handwritten motions filed by Jolly since Jan. 7, he outlines reasons for firing Bayne, requests reduction of bond, asks that all charges be dismissed, and petitions the court to suppress evidence obtained during search warrants executed at his home and the victim’s.

In the motion to fire his attorney, Jolly made accusations that Bayne wanted to plea bargain, though Jolly told him he wanted to take the cases to trial; Bayne had not objected to witness statements at the preliminary hearing although Jolly had told him to; Bayne had not provided all evidence to Jolly; and Bayne had told him the visiting room at the jail was not recorded, but the sheriff said it was.

“Bayne refused to ask or question many details presented at prelim even at my insistance (sic) and Judge Wine denyed (sic) allowing me to raise those questions myself,” Jolly wrote in the motion.

Monday, Jolly complained to Fromme that Bayne had talked to Jolly’s older sister about the case.

“He told her a lot of things about my case I thought were untrue,” Jolly said.

Bayne said he would like to be able to defend himself against Jolly’s accusations, “but if I have to defend myself, I will hurt my client,” saying to do so would breach attorney-client confidentiality. Bayne told the court, “For the record, I deny his accusations,”

Fromme approved Jolly’s motion and Bayne’s request to withdraw from the case, and appointed Bryan Hastert as Jolly’s attorney.

Jolly also asked Fromme to consider his request for bond reduction. He is currently held on $100,000 bond on the aggravated burglary charge, and $5,000 each on the vehicle burglary charges.

Jolly noted he has been incarcerated more than 100 days and hasn’t been able to have physical therapy for his injuries. He said because of visitation rules at the jail, he hasn’t been able to meet with media representatives that wanted to interview him, and he hasn’t been able to meet with civil attorneys regarding his injuries and medical bills incurred from being shot. Jolly also said he had been an Osage County resident most of his life, he was not on probation or parole, he was not a violent offender, and is able to obtain employment if released from jail. He requested the bond be reduced to $10,000 with no electronic monitoring.

Osage County Attorney Brandon Jones said Jolly “broke into a single female’s home,” and listed Jolly’s previous convictions for vehicle burglary and other crimes.

“He has an extremely lengthy history,” Jones said, “and we feel he is an extreme risk to the community.”

Fromme agreed with the state and left Jolly’s bond as previously set.

Jolly also asked Fromme whether he had followed the correct procedure for filing motions or whether he needed to address the motions directly to the judge. Fromme advised that the court had appointed an attorney, and Jolly should work with his attorney on his legal defense.

In his handwritten motion to dismiss charges, Jolly states in part, “A burglary by defendant Bruce Jolly was never proven.” and “Destruction of property of window. Boot prints do not match Bruce Jollys (sic) boot soles.”

In his motion to suppress evidence, Jolly said false statements were used to obtain search warrants, pointing out “Affiant states Bruce Jolly entered through rear window that was broken. Yet no prints connecting me. Boot prints from basement window to top of stairway yet prints do not match Bruce Jolly’s boot prints.”

Jolly also asked the court to consider an officer’s report by Robert Brennen that says, “Why (sic) speaking to Bruce Jolly while lying shot on street stated that he was trying to help her and let her know door was open.”

In the motion to dismiss, Jolly questioned whether a weed eater recovered as stolen property was misidentified: “There’s (sic) was new, this one is used.”

He also wrote that an officer’s “statement of conclusion that Bruce Jolly was carrying a knife, machete and a screwdriver were incorrect due to no blood on these instruments,” and noted the officer had reported Jolly had a gunshot wound to his abdomen and “had blood all down his clothing and also down his left arm.”

Fromme made no decisions regarding Jolly’s motions to suppress evidence and dismiss charges. The judge set 9:30 a.m. March 7 for Jolly to be arraigned on the charges.

See related article here.

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