Russell case heading to grand jury

MOBILE, Alabama (WALA) - JaMarcus Russell appeared in court Wednesday for a preliminary hearing. Russell is charged with possession of a controlled substance; a charge he's pleaded not guilty to.

He had no comment to cameras as he walked into a Mobile County courtroom.

Russell was arrested July 5 after undercover narcotic investigators found a bottle of codeine syrup during a search of his River Forest Drive home.

Authorities said Russell did not have a prescription for the codeine.

A corporal with Mobile County Sheriff's Office testified he executed a search warrant around 2 p.m. to the home of JaMarcus Russell.

Russell stood with his lawyer, Donald Briskman, listening to Corporal Johnny Thornton testify.

"There was nine individuals inside the residence. I actually came into contact with Mr. Russell, who was inside the master bedroom in bed," testified Thornton.

"When I asked him to show me his hands, he complied and I noticed a Styrofoam cup with an orange liquid in it and it looked freshly poured," continued Thornton. "The cup was on a night stand; still had ice floating in the top."

Cpl. Thornton testified the cup with the orange liquid was on the night stand closest to Russell.

"After everyone was secured, we advised Mr. JaMarcus Russell of his rights, and searched the residents," said Thornton.

Thornton said when he asked Russell about the orange liquid, he denied it had any codeine in it. Yet Thornton said lab test show it was codeine.

The Mobile County District Attorney's Office presented the test results to Briskman.

"In a top dresser draw in master bedroom, I found a large amount of money and jewelry. Also found some Lorotab and Lorcet.

"Above the dresser there was a bottle of codeine, the label had been removed or scratched off, so we couldn't tell who it was prescribed to," continued Thornton.

A backpack was found that had two stacks of $100 bills.

"I didn't ask him about the bottle, but did ask him about the other prescription drugs found in his home,," said Thornton.

The defense ask the Judge to strike the witness testimony, since there are no other charges against Russell.

"I'm not considering it at all," said Judge Charles McKnight.

The state has passed the witness to defense attorney Donald Briskman.

Briskman asked who's name was on the prescription bottle.

"A man in California," said Thornton.

Marcus Stevenson was called to the stand by Briskman as a defense witness. He said July 5 he was at JaMarcus' house.

Stevenson testified to partying with Russell the night before police raided Russell's home.

He said a young lady was with Russell in his bed before police got there. Stevens testified seeing the Styrofoam cup with the orange liquid inside.

"Was JaMarcus drinking out of that cup?" asked Briskman.

"No," testified Stevens.

"Do you know who was drinking out it?" asked Briskman.

"Yes," said Stevens.

The testimony ended there for the defense.

"Who did you see with that styrofoam cup?" asked the District Attorney's Office.

"Myself..." testified Stevenson.

Judge McKnight got upset because he asked the witness if he was going to testify that the cup was his before he got started.

Judge McKnight let Stevenson know he has the right to remain silent.

"Marcus Stevenson on July 5, 2010, you had possession of the styrofoam cup?" asked the district attorney.

"I plead the fifth," testified Stevenson.

"The judge said he waived his right to plead the fifth," said Judge McKnight. "You have to answer the question sir."

The District Attorney's Office asked the question again.

"Early that morning the group you were partying with mixed Kool Aid, with codeine?" asked the District Attorney's Office.

"Yes, I did," testified Stevenson.

He also testified he didn't see anyone else drinking this mixture. Stevenson said the codeine was purple, and he mixed it with a "drank".

Briskman wanted Judge McKnight to throw out the charges, because Stevenson claimed ownership of the liquid.

Judge Charles McKnight disagreed.

"I am sending this to the grand jury. There is probable cause," added McKnight.

Russell is a former Williamson High and LSU star, and former quarterback for the Oakland Raiders. He was also the number one overall NFL draft pick in 2007. He is currently a free agent.