Wednesday, May 8, 1996

Irvin's attorney not swayed by video

DALLAS (AP) - Michael Irvin's attorney on Tuesday questioned the validity of a broadcast report that said the Cowboys receiver has used cocaine three times since being indicted on felony drug charges.

"If they're trying to show that Michael Irvin did that, why didn't they give it to police? Because it didn't happen. That's why they didn't do it," attorney Kevin Clancy said.

Clancy is unswayed by the first two segments of a report by Fort Worth television station KXAS that shows hidden camera footage of a man identified as Irvin with an associate identified only as Dennis.

Clancy said he has tried unsuccessfully to subpoena the unedited video and audiotapes used to compile the report. He also wants any information the station has about Dennis and its relationship with him.

"The main thing I'm looking for is the full video and full audio," he said. "I know how people edit tapes and little things that get left off change the whole meaning of the quote.

"I also want to know what motives Dennis had. It's obvious he was trying to get something sensational. Was he paid? That's one of the things I want in my subpoena."

KXAS news director Dave Overton declined comment Tuesday on all issues regarding the report.
The first part of the series showed Irvin holding a bag in his left hand that Dennis said was cocaine.

In Monday's segment, Irvin and Dennis are seen driving from an apartment complex after Irvin allegedly bought cocaine. Irvin is heard saying: "Here, you want some? ... A couple lines will help you."

Later, Irvin talks about steps he would take to keep his fingerprints from turning up on the bag.

"Before I give this to anybody, I'm gonna rip this off. Bam! There you go!"
Clancy said he wants to hear the raw audio to understand the sequence of events leading to those quotes and others.

"I don't know if it's been edited or not," he said. "I haven't heard any questions (being asked on the tape). All I hear are answers. We don't know what elicited those responses."

Also, the videos don't clearly show the cocaine, Clancy said.

The television report adds to the exasperation Irvin has felt since a March 4 drug bust led to his April 1 indictment, Clancy said. Irvin also recently was accused of assaulting a man outside a sports bar.

"It's all part of life," Clancy said. "These things come up ... eventually truth shifts to the surface."

The Fort Worth Star-Telegram reported Tuesday that before the television report, Irvin said he was contemplating leaving the Cowboys.

"I don't know how I can keep playing football here with all of this going on," Irvin told columnist Roger B. Brown. "My wife keeps telling me to go to Jerry (Jones, the Cowboys' owner), and it may be time for that. Even when everything is all over with, I don't know if I can ever forget what my family has been put through the last couple of months."

Other media outlets have reported that KXAS' informant is Dennis Pedini, who once lived near the Cowboys' Valley Ranch center and did contract work for the team, such as installing security camera at the facility.

Pedini could not be reached for comment.

Several players said Pedini used to hang out at Valley Ranch and was known in the locker room as someone willing to run errands for the players. A team spokesman said Pedini was kicked off the sidelines during a game at Texas Stadium when it was discovered he was using a counterfeit field pass.

Prosecutor Norman Kinne has said his office also may subpoena the station's videotapes.

On Tuesday, assistant district attorney Mike Gillett wouldn't say whether any subpoenas have or would be issued.

Clancy said he feels the truth can still be found in a Dallas court when the drug possession charges go to trial June 24.

"I think we have an excellent chance to get a fair trial," Clancy said. "I don't think (the report) is going to impact getting fair jury here. There are enough fair-minded citizens in Dallas."

The Cowboys and NFL also aren't commenting on the TV report.

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