Tuesday, July 16, 1996

Judge to sentence Irvin today; camp opens tomorrow

DALLAS (AP) - Michael Irvin's drug trial is over, and although he still could be punished by the NFL, he's free to be in Austin for the opening of Dallas Cowboys training camp on Wednesday.

Irvin was to be sentenced by this morning by State District Judge Manny Alvarez. The star receiver pleaded no contest Monday to a second-degree felony cocaine possession charge in return for four years' probation and a $10,000 fine. A misdemeanor marijuana charge will be dropped.

Alvarez likely will accept the terms of the plea bargain, 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 will make a statement to reporters at 4 p.m. today in the team's Valley Ranch headquarters, said Cowboys spokesman Rich Dalrymple.

The NFL has been saying for months that it wouldn't rule on Irvin's eligibility until the trial concluded. On Monday, NFL spokesman Greg Aiello said Irvin's status "will be reviewed under the terms of our substance abuse policy."

Although it's possible Irvin's record could be cleansed of the charge, the NFL could decide that evidence and testimony from the trial is probable cause for a suspension. He could be kept off the field without pay for four games to an entire season. He makes $102,647 per game.

"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 had 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.

While the timing of the decision keeps 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, adding that attorneys were prepared to cross-examine Smith Monday.

The deal was sealed, West said, because prosecutors withdrew their demand that Irvin plead guilty and agree to five years' probation. "A plea of guilty ... may very well have (had) a significant impact on his ability to continue to play ball," 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 netted 10.3 grams of cocaine, more than an ounce of marijuana and drug paraphernalia.

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

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

Smith is the girlfriend of Johnnie Hernandez, the ex-Dallas police officer accused of hiring a hitman to have Irvin killed, reportedly in retaliation for his threats against Smith.

Also indicted after the motel bust were topless dancers Angela Beck and Jasmine Nabwangu, who were in the motel suite with Irvin. Alfredo Roberts, a former teammate of Irvin's, was present that night but not indicted.

Beck and Nabwangu still face charges.

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