Irvin trial date set for June 24

By JANINE ZUNIGA
Associated Press (April 18, 1996)

DALLAS - A trial for Dallas Cowboys receiver Michael Irvin on drug charges was set for June 24 but a judge took no action Wednesday on several media organizations' request to lift a far-reaching gag order.

Irvin and two women were indicted April 1 on felony cocaine possession charges and misdemeanor marijuana charges. He will face trial alone.

Police say they found Irvin and three others with drugs at an Irving motel om March 4.
Before setting the trial date, state District Judge Manny Alvarez heard arguments on two pretrial motions in the case.

Lawyers for five media organizations urged him to lift or modify restrictions on an extensive gag order in the case issued March 26 by Criminal Judge John Creuzot.

In the other matter, a lawyer for the motel manager filed a motion to cancel a subpoena issued by Irvin's lawyer, Kevin Clancy, requesting a variety of motel records be brought to Wednesday's hearing.

Alvarez didn't immediately rule on the requests, but gave lawyers one week to try to settle their differences on the matters.

The lawyers who filed the motion against the gag order, which was to extend throughout the trial, argued that it is too broad.

"That gag order suppresses anyone talking to the press about this case," said Leon Carter, who represents The New York Times and Sports Illustrated. "I want it lifted."

Carter said the burden will be on those who oppose lifting the gag order to show why it should stay in place.

Alvarez has barred cameras and recording devices from his courtroom.

Clancy had subpoenaed the motel records in an apparent move to challenge the legality of a search that led to the indictment of Irvin and two topless dancers on drug possession charges. Clancy subpoenaed Mike Bailey, manager of the Residence Inn by Marriott, and an employee to bring the records to the hearing.

The request includes registration records for all guests whose rooms were within 150 feet of the room where the bust took place.

It also asks for the names, addresses and telephone numbers of "the individuals that complained of noise."

The subpoena requests Residence Inn by Marriott's records of other allegations of prostitution in the motel between September and the last day of March, specifically those about someone named "Rochelle."

The defense also is asking for any records showing whether Irvin or business partner and former teammate Alfredo Roberts stayed at the motel in the past two years and any records showing whether drugs or drug paraphernalia were found in any rooms this year.

If so, the subpoena asks for the names of the guests registered in those rooms.
Bailey's lawyer, Bob Bowles, filed a motion to quash the subpoena.

Irving police have said they were summoned to the Residence Inn on March 4 after Bailey complained about a loud party, possibly involving drugs and prostitution.
When police arrived, they said, they smelled a strong odor of marijuana as one of those inside answered the door.

In a search, police reported finding nearly 2 ounces of cocaine in three packages, 3 ounces of marijuana, and assorted drug paraphernalia and sex toys.

Angela Beck, 22, one of two self-described models in the room, told police the drugs were hers. But on April 1, a grand jury indicted Irvin, 31, Beck and Jasmine Nabwangu, 21, on felony cocaine possession charges and misdemeanor marijuana charges.

Trial dates haven't been set for Beck and Nabwangu.
Roberts, 31, was also in the room that night, but was not indicted.

Cowboys Chatroom.....Dallas Cowboys.....Back to Reporter OnLine