Thursday, May 2, 1996
Media Representatives Want End to Gag Order;
Irvin Assault Probe Reported
By Associated Press
DALLAS (AP) - A judge is considering five media organizations'
request to lift a gag order in Michael Irvin's felony drug case,
while his defense attorney and prosecutors want to keep it in
place.
Meanwhile, a 28-year-old man is accusing the Dallas Cowboys receiver
of assaulting him early Wednesday near an area sports bar, according
to broadcast reports.
State District Judge Manny Alvarez was preparing findings of
fact and conclusions of law to support an order that could be
issued today.
"I stressed to the judge that ... I sense there is concern
from the earlier O.J. Simpson case and I would urge the court
not to let that case stand in the way of the really important
right of the public to know what is going on in this case,"
said Paul Watler, a attorney representing The Dallas Morning
News and Dallas television station WFAA.
Kevin Clancy, Irvin's attorney, and a prosecutor urged Alvarez
to keep in place the gag order that was issued in March, following
an Irving motel raid that resulted in the player's indictment.
Alvarez admitted into evidence copies of The News' articles on
the Irving investigation, along with a videotape by Fort Worth
television station KXAS of a news conference on the case.
Clancy contended that his client has been harmed by false information
in media reports. The attorney supported the gag order issued
by state District Judge John Creuzot, who presided over the grand
jury investigating the March 4 raid.
Joining Clancy him in support of the gag order was Mike Gillette,
assistant Dallas County district attorney.
But the Fort Worth Star-Telegram, the New York Times Co. and
Sports Illustrated magazine also presented arguments to reduce
or eliminate the gag order.
A Dallas County grand jury indicted Irvin on charges of felony
possession of 4 or more grams of cocaine and a misdemeanor marijuana
charge. Two topless dancers, one of whom is now the target of
a deportation proceeding, were also indicted.
Clancy earlier contended that confidential grand jury information
was illegally leaked during a hearing that resulted in Irvin's
indictment.
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 the motel room when police officers conducted
their raid.
His trial is set to begin June 24.
In another matter, an assault report by Charles Edward James
of Irving was referred to the city attorney's office, Irving
police officer David A. Tull said Wednesday.
James, Clancy and Irvin's agent, Steve Endicott, did not immediately
return telephone calls today from The Associated Press.
Police reported the 28-year-old James was grabbed and pushed,
leaving a small scratch mark on his left bicep. Officers said
the attack occurred at a shopping center near the Cowboy Sports
Cafe and a convenience store.
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