Saturday, July 20, 1996

Ex-cop accused of plotting to have Irvin killed talks

DALLAS - The ex-cop accused of trying to put out a contract on Dallas Cowboys star Michael Irvin said Friday he's looking forward to his trial on a solicitation of capital murder charge.

"I'm looking forward for the truth to come out," Johnnie Hernandez, 28, said. "I believe in the justice system, and I'm prepared to take whatever happens."

Hernandez, who holds a bachelor's degree in criminal justice and criminology, said he's sorry his career as a police officer is behind him. He resigned from the Dallas police force June 27, the day of his arrest.

"I really loved being a police officer before," he said. "Chapters change in people's lives, and this is one I have to be prepared for."

Hernandez and his girlfriend, ex-topless dancer Rachelle Smith, held a series of carefully controlled media interviews Friday about his legal problems and their future together.

"John will have his day in court," Ms. Smith, 24, said as she perched near her boyfriend on a couch.
Hernandez wouldn't say much about his case two weeks before his Aug. 5 trial and because he's under a gag order imposed by the judge in his case. He was indicted Thursday on the solicitation count and on an unrelated bribery count.

However, Hernandez did allow that he's relieved to be out from behind bars.

"Jail was just terrible," he said, clad in black jeans and boots and a knit sports shirt that zips up the front.

Ms. Smith's lawyer, Frank Perez, who is also part of Hernandez' defense team, said he allowed the couple to be interviewed to head off the numerous calls to their home and to his office.

But the two didn't say much about how their life together crumbled from that of a happy couple in the suburbs to the problematic existence of an accused felon and nationally notorious self-described participant in drug and sex parties.

"I love John and I think we'll get through this," Ms. Smith said, looking toward him for confirmation. The swirl of events hasn't damaged their relationship, she said: "It is difficult, but we're still the same toward each other."

Ms. Smith, who said Friday that she quit dancing topless four months ago, was a friend of two topless dancers who were found with Irvin in an Irving motel room March 4 along with marijuana and cocaine.

Irvin was indicted April 1, days after Ms. Smith testified before a Dallas County grand jury. He pleaded no contest Monday - several days into his trial - to felony cocaine possession and was sentenced to four years' deferred adjudication, a form of probation.

But his plea came only after Ms. Smith testified outside the presence of the jury that she herself had been with Irvin during at least three all-night sex parties where Irvin brought marijuana and cocaine. She also testified that he threatened to harm her and Hernandez if she didn't change her grand jury testimony or if she cooperated with prosecutors.

Hernandez reportedly wanted Irvin killed because Ms. Smith said the football star threatened her.
"She's definitely an honest person," Hernandez said, when asked what he thought her revelations.
Now that Irvin's trial is over and Hernandez has bailed out of jail, the couple is back in the home they've shared in the Dallas suburb of Cedar Hill since they moved here from Denver four years ago.

Asked how they got into their current situation, they immediately clam up and look at their lawyers, who say not to answer.

"We really can't say," Hernandez said.

Ms. Smith said she'll try to get some "small jobs" and take college classes. "Maybe nursing school," she said, tugging at the fitted bodice of her flowing rayon crepe dress.

"We will get married one of these days. Right, John?"

"Yeah," he said.

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