Monday, July 15, 1996

Irvin accepts plea bargain, may make training camp

Chronology of Irvin's Drug Case

DALLAS (AP) - Michael Irvin may make it on time to Dallas Cowboys training camp after all.

Irvin's attorneys struck a deal with prosecutors Monday allowing him to plead no contest to a second-degree felony cocaine possession charge in return for four years' probation and a $10,000 fine. A misdemeanor marijuana charge also would be dropped.

State District Judge Manny Alvarez will sentence Irvin Tuesday morning. The judge likely will accept the terms, plus assess up to 800 hours community service and decide whether the probation will be supervised or unsupervised.

The probation is considered deferred adjudication, meaning the charge will be erased from his record if he stays out of trouble for four years.

Irvin, looking sullen and worn out, stood alongside his attorneys with his hands clasped behind his back as Alvarez went over the terms of the deal. He answered "yes sir" to most questions but could not comment further because of a gag order still in place.

The timing of the plea bargain means Irvin is free to resume his football career as soon as Wednesday, when the Cowboys report to training camp in Austin.

"Michael is glad to get this behind him and get back on with his life," defense attorney Don Godwin said. "He intends to get down to Austin to be part of the training camp and to help the Dallas Cowboys."

Lead prosecutor Mike Gillett said attorneys have been discussing a possible plea "from indictment to today."

"I think the important thing is it's been disposed of in what I see as a positive manner for our office and for Mr. Irvin," he said.

Should Irvin violate the probation - which likely will include state-mandated drug testing in addition to whatever samples the NFL requires - he could be sentenced to between two and 20 years in prison. Irvin's appeals would be severely limited.

The NFL, however, still could punish Irvin. "His status will be reviewed under the terms of our substance abuse policy," said NFL spokesman Greg Aiello.

The evidence and testimony from the trial could serve as probable cause for a suspension, which could keep him off the field without pay for four games to an entire season. Irvin makes $102,647 per game.

While the timing of the decision will keep Irvin's football career on track, it also came amid testimony from topless dancer Rachelle Smith, the prosecution's star witness.

Defense lawyers insisted there was no connection.

"Let's make sure, ladies and gentlemen, that everyone understands that Michael Irvin's plea of no contest was not as a result of the testimony of Rachelle Smith," attorney Royce West said.

On Friday, Smith testified outside the jury's presence that Irvin claimed ownership of the drugs hours after a March 4 bust at an Irving motel.

Smith was not in the room during the raid but had been at the motel with Irvin on three previous occasions when he brought cocaine and marijuana. She said she saw him chop up rock cocaine and smoke it inside marijuana cigarettes.

Smith, who was given immunity for her testimony, also said Irvin demanded she rescind her grand jury testimony. Her boyfriend, ex-Dallas officer Johnnie Hernandez, is jailed on charges of hiring an undercover officer to have Irvin killed, reportedly in retaliation for those threats.

Although Smith said Irvin had threatened her on several occasions - including having her body-searched for a hidden microphone - the district attorney's office is not considering filing witness-tampering charges.

"It's a dead issue," Gillett said.

The trial had lasted 13 days, with Monday scheduled to be the eighth day of testimony.

The six-man, six-woman jury already had heard that Irvin, former teammate Alfredo Roberts and topless dancers Angela Beck and Jasmine Nabwangu were found at an Irving motel early March 4.

Four officers responding to a call of disturbance and possible prostitution knocked four times before being allowed into Room 624 at the Residence Inn, where the group was celebrating Irvin's 30th birthday, which was the next day.

The officers testified that when the door opened, they detected heavy marijuana smoke. When they told everyone inside to be seated, Irvin responded: "Let me tell you who I am."

Officers asked where the drugs were and Irvin told Beck to "tell them where it is." Officers saw him then reach under his seat and told him to stop. He was moved away, the love seat was lifted and a plate with loose marijuana and cocaine was removed.

From around the split-level room, officers found a total of 10.3 grams of cocaine, a little more than an ounce of marijuana, and drug paraphernalia such as straws, razors blades and packages of rolling paper.

The cocaine stash included an 8.9-gram rock the size of a golf ball with a street value of roughly $2,000. It was pulled from a gym back belonging to Beck.

The only item seized from Irvin's belongings was a test tube taken from atop his jewelry bag with .0005 gram of cocaine inside it. Irvin's possession charge was for between 4 grams and 200 grams.

A fingerprint expert said Irvin's prints were on two plates: the one found under his seat and one on a nearby end table that also was filled with drugs.

Irvin's fingerprints were not found on any of the drugs. Officers testified that he did not touch any of the drugs in their presence and they did not find any on him.

As for the minuscule amount of cocaine in the vial, defense attorneys argued the powder could've been spread into the tube through sloppy handling by police.

Beck and Nabwangu still face charges. Roberts was not indicted.

Other twists between the March 4 drug bust and the trial included a television station's broadcasting of hidden-camera footage of Irvin discussing the purchase and use of cocaine. The tape was made by an Irvin confidant-turned-informant, who sold it to the station for $6,000.
"
I think the message to be learned here is that drugs do affect people in a lot of ways," Gillett said.
"It's a real possibility. It does exist. I hope we can all learn more."

Teammates said they hope the conclusion of the trial will reinvigorate their usually boisterous friend, who dubbed himself "The Playmaker" and has lived up to the image while helping the Cowboys win three Super Bowls in four years.

"You could see it in his face. He looked thin, he looked tired," fullback Darryl Johnston said. "Maybe this is the best thing for him because it will give him some closure now. He can get on with his life."

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