Thursday, May 30, 1996

Michael Irvin informant could face contempt charge

DALLAS - The attorney for Dallas Cowboys wide receiver Michael Irvin asked a judge Wednesday to hold in contempt of court the paid informant for a series of television news reports about his client's alleged drug activities.

Attorney Kevin Clancy said the informant, Dennis Pedini, violated a gag order imposed by state District Judge Manny Alvarez on witnesses and other parties involved in Irvin's felony drug possession case.

Judge Alvarez ordered Pedini to appear in court next Tuesday to defend himself against the contempt charge. He faces up to six months in jail and a $500 fine if he is cited.

Pedini was paid $6,000 by KXAS-TV (Channel 5) to help produce several hidden-camera reports about Irvin that were broadcast earlier this month. After those reports aired, Clancy had Pedini subpoenaed and sworn in as a defense witness.

Clancy said Pedini then ignored the court's gag order and appeared in another series of reports about the case on a nationally syndicated program.

"Mr. Pedini, obviously to make a quick buck, gave interviews with 'Hard Copy,' an alleged television news program," Clancy said in court papers requesting the contempt ruling.

Pedini's attorney, Michael Heiskell of Fort Worth, said he believes his client was not in contempt.

"I feel pretty confident from what I understand that Dennis did not violate the gag order," Heiskell said. "His comments to 'Hard Copy' involved other issues regarding the Cowboys and did not directly involve this pending case."

Also on Wednesday, Judge Alvarez denied separate requests from Pedini to throw out the subpoena making him a witness to the case and to exempt him from the gag order.

Heiskell told the judge that his client had been named as a witness only to prevent him from talking to the media about Irvin. He said that Clancy could not show how Pedini's testimony would be relevant to Irvin's defense.

"The subpoena was sought only to keep Dennis Pedini under the gag order," Heiskell said. "It's not conceivable that the defense would call Dennis Pedini as a witness."

Any testimony from Pedini would do Irvin more harm than good, Heiskell suggested, adding that he would urge his client to invoke his Fifth Amendment privilege against self-incrimination and refuse to testify.

Assistant District Attorney Mike Gillett said prosecutors were unlikely to put Pedini on the witness stand, but he would not rule out the possibility.

Clancy told the judge he believes Pedini wanted the gag order lifted so he could make more money. Clancy said doing so would jeopardize his client's chances of getting a fair trial.

"The minute the gag order is lifted, Mr. Pedini will continue to go to the highest bidder and spew forth his half-truths and venom," Clancy said.

That comment echoed Clancy's argument in court papers, in which he accused Pedini of spreading "vile rumors, half truths and malicious innuendos, lies and falsehoods."

Heiskell called Clancy's comments overblown.

"He's obviously exaggerating and embellishing in order to make his points with the media," Heiskell said. "I think in the end the truth will out, and the truth will be on Dennis' side."


(c) 1996, Dallas Morning News. Distributed by Knight-Ridder/Tribune Information Services.

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