Sunday, July 14, 1996

Topless Dancer Alleges Irvin Strip Search

By MELISSA WILLIAMS
Associated Press

DALLAS - Michael Irvin personally strip-searched and threatened a topless dancer whose testimony he feared in his felony drug possession case, she tearfully testified Friday.

Under questioning by prosecutor Mike Gillett, Rachelle Smith, 24, told the court outside the presence of the jury that the Dallas Cowboys receiver made her remove her clothes before searching her thoroughly on two occasions after she testified before a Dallas County grand jury on March 24.

Smith testified that during the second search, as she sat on the edge of a bathtub wearing only a towel, Irvin issued a warning to her and her boyfriend, then-Dallas police officer Johnnie Hernandez.

"He said, 'If I suspect that you're wired or that you've screwed me, you'll never see John or the light of day again,' " Smith said.

State District Judge Manny Alvarez signed an order earlier Friday granting Smith immunity from prosecution in exchange for her testimony.

Irvin was indicted on a second-degree felony cocaine possession charge April 1. It carries a punishment ranging from probation to 20 years in prison.

The charge stems from a March 4 drug bust at a motel in the Dallas suburb of Irving where police say Irvin was found with former Cowboys teammate Alfredo Roberts, two topless dancers and marijuana and cocaine. The women, Angela Beck and Jasmine Nabwangu, also were indicted on drug charges. Roberts was not.

Hernandez was arrested June 27 on a charge of trying to have Irvin killed.

Smith also testified that on another occasion, Irvin met her and Beck at Dallas Cowboys teammate Kevin Williams' house. Irvin told Smith he had a script of her grand jury testimony and demanded that she go back and change it, Smith said.

"He said that I should not be afraid of the district attorney's office; I should be afraid of him, because he's more powerful," Smith testified.

"He just said that he would make me look like a weak witness. His lawyers would tear me apart. Everyone would hate me, and he would make a touchdown and everyone would love him again."
Smith's riveting 2-1/2-hour testimony ended for the day as defense attorney Don Godwin began questioning her about her drug use, sexual practices and medical history.

Testimony is to resume Monday without the jury present. Alvarez will rule on how much of Smith's testimony the jury can hear.

Smith's testimony appeared to clarify the relationships among some of the parties in the case. She said she and Beck were close friends and that Beck had periodically stayed with her and Hernandez for several months beginning in November in their house in the Dallas suburb of Cedar Hill.

Smith, Beck and Nabwangu were all topless dancers at The Men's Club, Smith testified. Smith and Beck also had danced at New Orleans Nights in Fort Worth, Smith said. Smith said she did not tell Hernandez about her relationship with Irvin until after the drug bust.

Smith, wearing an ivory silk pantsuit and high heels, testified in a soft but clear voice that her involvement with Irvin began when she and Beck rented a room Feb. 5 at the same motel where the drug bust occurred a month later.

She said that was one of three times that month that the three met there for sex and to use drugs provided by Irvin. Smith testified that she registered, sometimes under false names or addresses; paid cash; and was later reimbursed by Irvin.

The later visits occurred on Feb. 12 and Feb. 19, she said.

Smith testified that after she and Beck checked in, Irvin would come by with cocaine and marijuana. Irvin chopped up crack cocaine and rolled chips of the drug into marijuana cigarettes, which he then smoked, she testified.

Smith admitted trying the marijuana-laced cigarettes on Feb. 12, but they made her ill, she said. On other occasions, she used only cocaine, she said.

Gillett asked Smith about sexual activity among the trio during any of their three motel stays.
"Was there any sexual activity on that night?" Gillett, referring to Feb. 12.

"Yes," she responded.

"Did this involve all three of you?" he asked.

"Yes," she said.

Later, under questioning by defense attorney Don Godwin, she acknowledged having had sex with Beck, but denied ever having sex with Irvin. Testimony for the day ended before details about the trio's sexual relationship became clear.

Smith also said Irvin told Beck, on the day she was arrested, that he would take care of her.

"Don't worry about it. Everything will be OK. I'll treat you like a princess," Smith quoted Irvin as telling Beck.

Earlier Friday, Alvarez quashed a subpoena from Irvin's defense attorneys seeking Smith's bank and phone records, names of alleged prostitution clients and those of any police officers with whom she had sex. Attorney Kevin Clancy also had sought motel records and tax documents.

The judge also denied a defense motion for a mistrial because of television coverage of the trial.

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