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Judge's honesty questioned in case of Cowboys' accuser

DALLAS (AP) -- Attorneys say the judge in the Nina Shahravan perjury case warned that he'd have to consider how she "inconvenienced influential people in Dallas" if she is found guilty of lying when she accused two Dallas Cowboys players of raping her.

The Dallas Morning News reported in Saturday's editions that prosecutors and defense attorneys testified at a July 23 hearing that Dallas County Criminal Judge Dan L. Wyde issued the warning.

The newspaper obtained Friday a transcript of a hearing on a defense motion to remove Wyde from the misdemeanor perjury case. Retired state District Judge Pat McDowell, chief judicial administrator for the Dallas County courts, denied the motion.

Wyde has denied making the remark.

In the recusal motion, defense attorney G. David Smith accused Wyde of bias and prejudice against his client. The two prosecutors in Ms. Shahravan's case also testified that they heard the judge say what Smith accused him of saying, according to the transcript.

"Two prosecutors and a defense attorney heard the judge make certain remarks in chambers and testified to that effect, but the judge denied having made those statements," Assistant District Attorney Clark Birdsall said.

Wyde declined to comment Friday, saying he does not discuss pending cases. However, in testimony during the July hearing, he denied issuing any warning and said that attorneys might have misinterpreted his comments.

Ms. Shahravan, 23, is accused of fabricating sexual assault allegations against Cowboys offensive lineman Erik Williams and receiver Michael Irvin. Police said Ms. Shahravan lied when she told authorities Dec. 30 that Irvin held a gun to her head and that Williams and another man assaulted her the night before at Williams' home in Far North Dallas.

Police have said that Ms. Shahravan signed a statement Jan. 10 admitting that she fabricated the allegations.

The perjury charge, a Class A misdemeanor, is punishable by up to one year in jail and a $4,000 fine. If found guilty, Ms. Shahravan has the option of asking the jury or judge to determine punishment.

During the July hearing, Wyde said he has a "complete open mind with regard to any of the possible issues that could arise in the case," according to the recusal hearing transcript.

"I have never suggested to Mr. Smith that in any way, shape or form that I could not consider the full range of punishment in this case," Wyde said in the transcript.

Wyde also testified that he never warned Smith against asking him to determine punishment.

The two prosecutors remember the conversation differently, according to their testimony.

"The things I remember (from Wyde's remarks) is that this is not your normal DWI (driving while intoxicated) case, and that if she's found guilty he will have to take it into consideration that she's inconvenienced some powerful and influential people," Birdsall testified, according to the transcript.

Assistant District Attorney Regina Clark said: "I felt as if Judge Wyde was leaning toward not considering the full range of punishment."

McDowell, who denied the recusal motion, said Friday that he stands by his decision.

Wyde "has demonstrated since he has been on the bench that he is hard-working," said McDowell, the presiding judge of the first administrative region. "He is new. Some new judges get themselves in situations that older judges don't. (But) I think he will be fair."