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Montana court appearance set for Henry


ASSOCIATED PRESS

4:13 p.m. October 10, 2008

BILLINGS, Mont. – Former Denver Broncos running back Travis Henry is scheduled to appear in U.S. District Court Oct. 30 on cocaine trafficking charges.

U.S. Magistrate Judge Carolyn Ostby initially set Henry's arraignment for Oct. 14, but on Friday delayed it by two weeks at the request of attorneys. Henry is expected to enter a plea to a three-count indictment charging him with conspiracy and possession with intent to distribute 5 kilograms or more of cocaine in the Billings area from March 2006 until September.

“That will be the standard initial appearance where they'll have the opportunity to have the indictment read to them, then enter a plea,” said assistant U.S. Attorney Jessica Fehr. “There will be a scheduling conference within a week to 10 days, at which time a trial date will be set.”

Henry, 30, was arrested along with a co-defendant, James Mack, during an undercover drug deal on Sept. 30 in the Denver area. Mack, 29, also is set to appear in Billings on Oct. 30.

Henry and Mack are suspected of supplying large amounts of cocaine to Billings customers. The men were arrested after Montana law enforcement officers stopped a vehicle near Billings and found cocaine and marijuana inside. A passenger, who told officers the drugs came from Henry, cooperated and helped set up an undercover drug deal that led to the arrest of Henry and Mack.

Henry was released from the Broncos in June, one year into a five-year, $22.5 million contract. He had successfully appealed a one-year NFL suspension over a failed drug test in 2007, but injured his hamstring this summer and later reportedly failed a drug test for marijuana.

His Denver attorney, Harvey Steinberg, did not immediately return a call Friday seeking comment.

A magistrate judge in Colorado set Henry's bail at $400,000, which he posted with $40,000 and a $360,000 secured bond on his Aurora, Colo., house. Mack was released from jail in Denver on Friday on a $10,000 bond.

While on release, Henry and Mack are required to be on electronic monitoring.


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