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September 7, 2010

Trial set in marijuana case

Polly questions accuracy of affidavit, Smith pleads guilty

The Times-Tribune

CORBIN — By Carl Keith Greene / Staff Writer

Magistrate Judge Hanley A. Ingram heard arguments Friday as to the validity of an affidavit used to get a search warrant regarding the possession of marijuana allegedly for sale by Charles E. Polly, 70.

In U.S. District Court in London, Polly’s attorney argued that the affidavit does not accurately indicate that Polly’s home on Ravenwood Circle, off Waterworks Road west of London, was farther from plots of marijuana than other homes in the area.

He added that trails made by all-terrain vehicles leading to several marijuana growing sites near the homes came from different places in the cluster of homes and not only from the home of Polly.

James Hibbard, Polly’s lawyer noted that in photographs portraying a person on an ATV cannot be identified as Polly.

Hanley took the arguments of Hibbard and Assistant U.S. Attorney Greg Ousley under advisement.

Ingram set the Polly trial for Oct. 26.

Ann Marie Smith, 40, on Aug. 20 entered a plea of guilty to count five of the indictment charging her with illegally taking about $65,600 in Supplemental Security Income (SSI) money from the Social Security Administration.

Count seven of the indictment is to be dismissed at sentencing set for Jan. 24, 2011.

It charges that she misrepresented her living arrangements with Polly.

Polly was charged on five counts in the indictment: growing more than 100 marijuana plants, possessing and planning to distribute less than 50 milligrams of marijuana, possessing four shotguns, two rifles and two handguns, illegally accepting about $37,700 in SSI payments and misrepresenting his living arrangements with Smith.

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