Sunday, May 5, 1996

Judge relaxes gag order in Michael Irvin case

DALLAS - A judge on Friday relaxed a strict gag order that had blocked any public comment by officials in the felony drug case against Dallas Cowboys star Michael Irvin.

But in filing the amended restrictions, state District Judge Manny Alvarez also filed a statement that criticized news reports on Irvin's case.

"Failure to impose an order restricting prejudicial pretrial publicity in these cases would impair the state's ability to impanel a fair and impartial jury," Alvarez said.

The order replaces one first issued by state District Judge John Creuzot, who presided over the Dallas County grand jury that indicted Irvin and two others.

Irvin was indicted April 1 along with Angela Beck, 22, and Jasmine Nabwangu, 21. The women were with Irvin and former Cowboys tight end Alfredo Roberts in a motel room when police officers conducted a March 4 raid.

The indictment charged Irvin with felony possession of four or more grams of cocaine and misdemeanor marijuana possession. The two women, one of whom is now the target of a deportation proceeding, also were indicted on drug charges. Roberts was not charged.

Irvin's trial is set to begin June 24.

The restrictions in the new gag order remain stringent. They prohibit any out-of-court, pretrial comments by attorneys or witnesses on such matters as:

• Whether potential witnesses are credible.
• Whether a defendant has provided a confession, plea agreement or other statement to authorities.
• What tests have been performed and who has submitted to them or refused.

Police also are restricted from commenting publicly on such matters as the nature of evidence and the guilt or innocence of either Irvin, Nabwangu or Beck.

"My understanding is that this (Creuzot) order prevented any sort of comment," said Kerry Young, chief staff attorney for the Dallas County criminal district courts.

"Now, if you start talking about witness' testimony and character, possible pleas and such, you're going to be in violation of this (Alvarez) order," Young said.

In a separate finding involving publicity about the case, Alvarez said that comments on such subjects had been part of news reports on the Irvin case.

"As a result of the statements made to and published by the press, a serious and imminent threat to the constitutional rights of the defendants herein to a fair trial exists," he said.

Kevin Clancy, Irvin's attorney, and prosecutor Mike Gillette had urged Alvarez on Wednesday to uphold the Creuzot order. Clancy contended his client has been harmed by false information in media reports.

However, attorneys for several news media organizations had argued that the Creuzot order was "impermissibly vague" and more than what was needed to protect the rights of the Cowboys' All-Pro receiver and the two co-defendants.

Attorneys for the news organizations were not immediately sure whether to contest the order, said Paul Watler, attorney for The Dallas Morning News and Dallas television station WFAA.

However, he said he and his clients "were pleased to see that the judge's order permits law enforcement personnel to disclose contents of the public records relating to this case."

Gillette declined comment, saying he had not seen the order. Clancy did not immediately return telephone calls Friday from The Associated Press.

The order is effective until the cases against the three defendants are resolved, barring further court orders. Violations are punishable by up to six months in jail and a $500 fine.

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