Friday, July 12, 1996
Trial delayed as defense seeks alleged prostitution
information
By MELISSA WILLIAMS
Associated Press
DALLAS (AP) - Testimony in Michael Irvin's felony drug trial
was delayed today for a hearing on how much testimony of an ex-policeman's
girlfriend jurors can hear.
Topless dancer Rachelle Smith's highly anticipated testimony,
expected later today, was the subject of a pending hearing on
evidence procedure.
The hearing was planned outside the jury's presence. Prosecutors
have argued that Smith can tell jurors about Irvin's relationship
with Angela Beck, one of two topless dancers found with him in
a police raid and about her connection to drugs seized there.
Smith is the girlfriend of Johnnie Hernandez, a former Dallas
policeman who was arrested June 27 on a charge of trying to hire
a hitman to kill Irvin.
She is also a friend of Beck and Jasmine Nabwangu, the second
woman found with the Dallas Cowboys receiver and former teammate
Alfredo Roberts during the March 4 bust at an Irving motel.
Irvin's defense lawyers today told State District Judge Manny
Alvarez they will try to impeach Smith's credibility as a witness.
Attorney Kevin Clancy late Thursday subpoenaed records from the
woman, including names of alleged prostitution clients and those
of any police officers with whom she had sex. He also demanded
motel records along with telephone, bank and tax documents.
On Thursday, jurors heard that Irvin's fingerprints were the
only ones identified on plates containing cocaine and marijuana.
The discussion of whether and where Irvin's fingerprints appeared
and whether police properly handled the evidence took up most
of the sixth day of testimony Thursday.
Irvin is charged with second-degree felony cocaine possession,
which carries a punishment ranging from probation to 20 years
in prison.
Irving police officer Kelly Morrow told the jury Thursday under
questioning by prosecutor Aaron Wylie that only the fingerprints
of Irvin and police officers were distinguishable on drug paraphernalia
found in the motel room.
Morrow said Irvin's left thumb print was found on the face of
a salad plate found on an end table in the motel room, while
prints from his left pinkie and left middle finger were found
on the bottom of the plate.
Irvin's right ring fingerprint was found on the bottom of the
dinner plate recovered by police from under a love seat in the
room, Morrow testified.
But neither Irvin's prints nor those of Roberts, Beck or Nabwangu
were identified on other items recovered by police, including
a glass vial, some cigarette rolling papers, plastic baggies
and some razor blades, Morrow said.
Beck and Nabwangu also were charged with drug possession. Roberts
was not.
During his cross-examination of Morrow, defense lawyer West appeared
to suggest that the Irving Police Department had improperly handled
the evidence because a specialist hadn't been called to photograph
and dust the items before they were moved by other officers.
Morrow conceded that if he had been called to the scene, he would
have photographed the items, dusted them for fingerprints and
then conveyed them to the police department's property room.
That wasn't done by just one person in this case, Morrow said.
In the afternoon, prosecutors called Camille Davis. She is general
manager of the Residence Inn by Marriott where Irving police
were summoned for the March 4 disturbance call.
Prosecutor Mike Gillett asked her general questions about her
duties and the motel's layout, including some during a video
of the motel grounds and the interior of Room 624, where the
group was found. But testimony ended for the day just as Gillett
was inquiring about motel records for several dates in February
and early March 1996.
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