Tuesday, July 9, 1996

Another cop details search of motel room; subpoena dropped

DALLAS (AP) - A police officer expressed surprise today during Dallas Cowboys receiver Michael Irvin's drug trial at the size of a rock of crack cocaine found in a topless dancer's gym bag at an Irving motel.

Officer Brian Crum, one of four Irving policemen who went to the Residence Inn on a disturbance call, testified that he discovered marijuana underneath some bed covers and then was given permission to search a purse and gym bag that he found upstairs in the two-story suite.

Crum was the fourth officer to detail the search of the motel room where Irvin was found in the company of two topless dancers and former teammate Alfredo Roberts. Irvin, who faces up to 20 years in prison if convicted of felony cocaine possession, was indicted along with the two women; Roberts was never charged.

The football star's mother, Pearl Irvin, sat on the front row of the courtroom today along with Irvin's aunt, younger sister and niece.

Crum testified that after Angela Beck gave him permission to search her green gym bag the officer found a baggie with a yellowish substance the size of a golf ball.

After asking another officer what it was, Crum said he was told it was crack.

"I said 'It can't be crack. It's way too big,' " Crum testified. "I've seen crack, but never that big."

Crum's testimony followed that of officer Les Motheral, who testified Monday that he also had never seen a crack rock that large.

Monday also included a twist when Irvin was subpoenaed to testify at a hearing for former Dallas police officer Johnnie Hernandez, who is accused of trying to hire a hitman to kill Irvin.

The subpoena was later dropped.

John H. Read, an attorney for Hernandez, said he wanted Irvin to testify about reported threats against Hernandez' girlfriend, Rachelle Smith. Both Hernandez and Smith have been subpoenaed as potential witnesses in Irvin's trial.

"He started this, didn't he?" Read said of Irvin. "I think this is all over threats of serious bodily injury ... . How about death?

"My understanding of the threats were she (Smith) wouldn't see the end of the light of day if she testified before the grand jury ... or if she testified at trial ... and she'd never see my client, at least those are the allegations."

After meeting with Irvin's lawyers, Read agreed to drop the subpoena.

A judge refused to lower Hernandez' bond from $252,500 on a solicitation of capital murder charge and an unrelated bribery charge.

Also Monday, Irving police officer Jonathan Plunkett testified about the tactics police used in entering the motel room.

Plunkett told prosecutor Shannon Ross he drew his gun inside the room after officer Les Motheral pulled out his weapon when he saw someone on the stairs inside the two-story suite.

Under cross-examination by defense attorney Don Godwin, Plunkett contradicted himself by admitting testifying previously that he drew his gun as soon as the motel door opened all the way.

Asked about the discrepancy, Plunkett said the guns were drawn after officers entered the room.

"I wasn't specific," he said about his prior testimony.

Godwin responded, "I'm not saying if you're fudging today or if you were fudging then."

Godwin also attacked police handling of the evidence, suggesting it might have been contaminated because it was handled without rubber gloves or without care that would ensure no other fingerprints got on it.

Plunkett also testified that a test-tubed shaped vial containing cocaine residue was found in a black bag that Irvin later took with him when police allowed him to leave the motel. The defense has suggested that Roberts may have placed the tube inside the bag.

Plunkett told Ross that he saw the bag on a coach and never saw Roberts move toward it.
He also said a supervisor ordered that Irvin and the two others who were not arrested be escorted to their cars.

Plunkett testified that while Irvin appeared to be under the influence of marijuana, he didn't appear under the evidence of cocaine.

"You're saying you believe he was under the influence of marijuana and you let him get into his car and leave?" Godwin asked.

"That is absolutely correct," Plunkett replied.

He later told prosecutors Irvin could have been using a mixture of the two drugs.

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