UNIVERSITY DAILY KANSAN
Friday, May 3, 1996
5B
Judge considers removing gag order in Irvin drug case
Defense,prosecutors want order to remain
The Associated Press
DALLAS — A judge is considering five media organizations' request to lift a gag order in Michael Irvin's felony drug case, while his defense attorney and prosecutors want to keep it in place.
State District Judge Manny Alvarez was preparing findings of fact and conclusions of law to support an order that could be issued today.
Meanwhile, a 28-year-old man is accusing the Dallas Cowboys receiver of assaulting him early Wednesday near an area sports bar, according to broadcast reports.
"I sense there is concern from the earlier O.J. Simpson case and I would urge the court not to let that case stand in the way of the really important right of the public to know what is going on in this case," said Paul Watler, a attorney representing The Dallas Morning News and Dallas television station WFAA.
Kevin Clancy, Irvin's attorney, and
a prosecutor urged Alvarez to keep in place the gag order that was issued in March, following an Irving, Tex., motel raid that resulted in the player's indictment.
Alvarez admitted into evidence copies of The News' articles on the Irving investigation, along with a videotape by Fort Worth television station KXAS of a news conference on the case.
Clancy contended that his client has been harmed by false information in media reports. The attorney supported the gag order issued by state District Judge John Creuzot, who presided over the grand jury investigating the March 4 raid.
Joining Clancy in support of the gag order was Mike Gillette, assistant Dallas County district attorney.
But the Fort Worth Star-Telegram, the New York Times Co. and Sports Illustrated magazine also presented arguments to reduce or eliminate the gag order.
A Dallas County grand jury indicted Irvin on charges of felony possession of four or more grams of cocaine and a misdemeanor marijuana charge. Two topless dancers, one of whom is now the target of a
deportation proceeding, also were indicted.
Clancy earlier contended that confidential grand jury information was illegally leaked during a hearing that resulted in Irvin's indictment.
Irvin was indicted April 1 along with Angela Beck, 22, and Jasmine Nabwangu, 21. The women were with Irvin and former Cowboys tight end Alfredo Roberts in the motel room when police officers conducted their raid.
Roberts' trial is set to begin June 24.
In another matter, an assault report by Charles Edward James of Irving was referred to the city attorney's office, Irving police officer David A. Tull said Wednesday.
James, Clancy and Steve Endicott, Irvin's agent, did not immediately return telephone calls today from The Association Press.
Police reported the 28-year-old James was grabbed and pushed, leaving a small scratch mark on his left biceps. Officers said the attack occurred at a shopping center near the Cowboy Sports Cafe and a convenience store.
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Prep star may head to NBA
South Carolina player may bypass college
The Associated Press
COLUMBIA, S.C. — Will he or
won'the?
No one, not even Jermaine O'Neal, knows whether one of South Carolina's most talented prep school players will go to college or follow friend Kobe Bryant from high school to the NBA.
O'Neal, 17, said he would apply for next month's NBA draft by the May 12 deadline to declare. But he also said he would try and qualify for college and listed his final five selections as South Carolina, Clemson, Kentucky, Ohio State or Maryland.
"I really didn't want to be left out in the cold," he said in yesterday's editions of *The (Columbia) State*. "That's the one big reason I'm choosing to apply."
However, his mother, Angela Ocean, said this morning that nothing was certain for the Eau Claire High School star. "That's a possibility, only a possibility right now," she told The Associated Press. She said O'Neal wouldn't decide for sure until the deadline to declare for the NBA draft.
O'Neal is taking the SAT college entrance exam again tomorrow and is looking to raise his score of 830 about 100 points to qualify to play.
"The NBA will probably be my second option," he told *The State*. "I'll still try to go to school. I wouldn't say school is totally out of the question."
I'm still serious about qualifying."
But even if he improves his test scores, O'Neal told WIS-TV in Columbia yesterday that he might stay in the draft.
"If I get drafted anywhere between one and 15, I may stay in the draft," O'Neal said. "Or I may withdraw and go to school."
NBA scouts said O'Neal could be picked late in the first round, potentially earning a contract worth at least $2 million for three seasons.
"If he keeps working with the same zeal and aggressiveness he's shown here, he can be All-Pro," Eau Claire coach George Glymph said.
The only players to jump to the pros without having played in college are Kevin Garnett, Moses Malone, Shawn Kemp, Darryl Dawkins and Bill Willoughby.
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