Thursday, July 11, 1996

Irvin defensive team seeks mistrial over fingerprint testimony

DALLAS (AP) - The judge presiding over Michael Irvin's drug possession trial rejected defense lawyers' request Thursday for a mistrial, saying they'd had ample time to examine a fingerprint report given to them late Wednesday by prosecutors.

State District Judge Manny Alvarez also rejected an attempt by defense lawyer Royce West to exclude testimony relating to the report. It concerned the methods used to lift and match fingerprints from the items found in the motel room where Irving police were summoned on a March 4 disturbance call.

Police say the Dallas Cowboys receiver, former teammate Alfredo Roberts and topless dancers Angela Beck and Jasmine Nabwangu were in the room along with cocaine, marijuana and drug paraphernalia. Irvin is charged with second-degree felony cocaine possession, which carries a punishment ranging from probation to 20 years in prison.

Testimony Thursday morning centered on whether and where Irvin's fingerprints were found on the items in the motel room. Under questioning by prosecutor Aaron Wylie, criminalist Kelly Morrow testified he lifted and matched four of Irvin's fingerprints from the two dinnerware plates recovered from the room.

"They are from the same person," Morrow said when asked whether the fingerprints on the plates resembled those taken July 9 from the football star.

"And who is that?" Wylie asked.

"That would be Michael Irvin," Morrow replied.

Irvin sat impassively through the testimony in an olive suit and alligator shoes, bowing his head during prosecutors' questioning and watching more closely when his lawyers interrogated the morning's sole witness.

As West began cross-examining Morrow, he seemed to be building a case that the Irving Police Department had improperly handled the evidence in the case. He asked Morrow whether the crime scene could be considered contaminated because a specialist had not been called to photograph and dust the items before they were moved.

"Not necessarily," Morrow answered.

Under further questioning, however, Morrow conceded that if he had been called to the scene, he would have photographed the items, dusted them in place for fingerprints, collected the evidence and conveyed them to the police department's property room.

That wasn't done by just one person in this case, Morrow said.

"Did that in your opinion contaminate the crime scene?" West asked.

"Yes," Morrow said.

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