Monday, July 8, 1996
Defense attacks cop's account, as second week
of trial begins
By STEFANI KOPENEC
AP Sports Writer
(July 8, 1996)
DALLAS (AP) - Defense attorneys attacked a policeman's account
of events and officers' evidence-collecting procedures as the
felony drug possession trial for Michael Irvin resumed Monday
with yet another twist.
The Dallas Cowboys' receiver was subpoenaed to testify at an
examining hearing for former Dallas police officer Johnnie Hernandez,
who is accused of trying to hire a hitman to kill Irvin.
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."
Read agreed to drop the subpoena after meeting with Irvin's attorneys.
At the hearing, a judge refused to lower Hernandez' bond from
$252,500 on a solicitation of capital murder charge and an unrelated
bribery charge.
Meanwhile, one floor down in the courthouse, Irving police officer
Jonathan Plunkett testified in Irvin's trial that he drew his
gun upon entering a motel room that smelled of marijuana and
was occupied by the football star and three others.
Plunkett, one of four officers at the Residence Inn last March
on a disturbance call, told jurors under questioning by prosecutor
Shannon Ross, that he drew his gun along with another officer
who had noticed someone on the stairs inside the story-two suite.
During cross-examination by defense attorney Don Godwin, Plunkett
testified he and the other officer had their weapons drawn as
the door opened but didn't believe the other officers did.
"It's possible they had their guns drawn, but I didn't see
their weapons out," Plunkett said.
Godwin attacked Plunkett's account of how many officers had their
guns drawn, citing earlier testimony in which the officer said
"as soon as the door opened that's when we drew our guns."
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.
Last week, jurors heard from Irving officer Matthew Drumm, another
of the four.
Officers said they found cocaine and marijuana in the room where
Irvin was in the company of two topless dancers and former Cowboys
teammate Alfredo Roberts. Jurors indicted Irvin and the two women;
Roberts was never charged.
Smith, also scheduled to testify in the trial, is a topless dancer
acquainted with the two women charged in the case - Angela Beck
and Jasmine Nabwangu.
Last week defense attorney Kevin Clancy suggested Drumm and the
other officers got their "stories straight" in several
meetings with prosecutors. Drumm denied the allegation.
All content copyright 1996, AP, The Abilene
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