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Wednesday, August 26, 1998

Maxwell's lawyer asks out of lawsuit because he's not getting paid

HOUSTON (AP) - A state legislator has been allowed to withdraw as the attorney for NBA player Vernon Maxwell, who's been sued by a woman who accuses him of knowingly giving her herpes.

State Rep. Ron Wilson, D-Houston, told District Judge John Donovan that the former Houston Rockets guard is unable to compensate him for defending him.

Donovan granted the motion last Friday.

Maxwell's trial is set to begin Friday, and it is unclear if he has a new attorney.

Messages left with Wilson were not immediately returned Tuesday. There was no answer at the office of Maxwell's agent, Dwight Manley of Orange County, Calif.

Maxwell, who played last season for the Charlotte Hornets, Sheila Rias sued him in 1996 for allegedly knowingly giving her herpes during a brief relationship in Houston in the summer of 1995.

Maxwell, 33, served a 90-day sentence in the Harris County Jail earlier this year for a 1995 marijuana possession conviction.

Attorney Phillip Bryan, who represents the woman, said in court in February that Maxwell received $42,000 a month as a member of the San Antonio Spurs in 1997. Bryan refused comment Monday.

Wilson told Donovan in May that Maxwell had not yet paid fines of $762 and $750 that were months overdue because Maxwell did not have the money.

The judge in February granted Ms. Rias a default judgement of $592,000 because Maxwell and Wilson did not respond to the lawsuit. The judgment was dropped a month later and Maxwell was granted a new trial after he claimed he had not been properly served.

But Donovan granted Rias another default judgment in April 1996 because Maxwell still had not responded. However, he was given a second new trial before the amount of that judgment was determined.

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