; s Vi:; ;ii
State
ptembcr 11 ,p uev | , N September 11, 2001
THE BATTALION
Page 7A
Series, Wil,
Nich will
nt in Wile
he ties Ecc
i Wildlif«
ndations vn!
before tho
rrosecutors obtain
lample from Irvin
I^ENTON (AP) — Authorities working on
■ year-old drug case against former Dallas
t . j f r lowboys receiver Michael Irvin obtained a sali-
>l’s Grwlw /a r am ^* e * rom him Monday after executing a
' decade* warrant.
i $ j ui w ) i s trict Judge Lee Gabriel had denied the
rrent eo\ - * e *P ns e attorney s motion tor a hearing to oppose
ssiing the warrant.
a j s UBi vin's attorney, Peter Ginsberg, said prosecu-
the issue sL* 0rs wantet * to tesl hie saliva against a marijuana
ie C. Wa -'igiirette allegedly found when Irvin was arrested
d - stand in : as ( summer -
>r" in 1963 * iinsberg said he opposed the search warrant
•cp two bli. Je 4 a use Irvin is not charged with a marijuana-
n the all-viE‘ e lf l ed crime. Irvin has pleaded innocent to a
elony charge of possessing less than a gram of
irew Sorer-oc. ine.
d not manL IT think Michael Irvin has been singled out
stitute auc n this case,” Ginsberg said after a court hear-
>ther admr ng Monday. He added that taking the saliva
tls wouldesanhpie was an ‘‘unwarranted invasion of Mr.
:>n an eoc (rvin’s privacy.”
■The judge also set an Oct. 19 hearing date to
:oisider Ginsberg's motion to dismiss the charge.
\ trial date was set for Jan. 14.
iggest profe |! rv * n not speak to reporters as he left the
saying •b^: :ourthouse Monday,
are bus) •
nd so into:
that thn a—
it," Winy c
sed loan^^^•
^y have to tc
or yell pa:
d event—£
. kind of so
o be the fne
> it’s sad :
ned. Our ora
oest to gti:
tradition,
) to them.'
rvin was arrested Aug. 9, 2000, two months
after completing probation on a no-contest plea
to felony cocaine possession. He was at a Dallas
apartment where law officers said they found
marijuana and ecstasy pills, which Irvin denies
were his.
But Irvin was not indicted until June. If con
victed, he could face six months to two years in
jail and up to a $10,000 fine.
Ginsberg has said Irvin was arrested on one
charge and is being prosecuted on another.
Ginsberg also said he had concerns about the 10-
month span between the arrest and indictment.
Assistant District Attorney Lee Ann Breading
has said her office didn’t receive the case until
February, delaying prosecutors in presenting it to
the grand jury.
Breading said Monday she could not explain
the delay in seeking the search warrant for Irvin’s
saliva sample. She declined to comment on why
investigators want the sample.
The case evolved after officers with the Coll in-
Denton County Drug Task Force, of which the
FBI is a part, tried to arrest Rhonda Adaham on a
federal warrant at her apartment.
Adaham was not there, but her sister, Nelly
Adaham, and Irvin were found and arrested. Nelly
Adaham also was indicted on the same charge as
Irvin, but Rhonda Adaham was not indicted.
Court
orders
dismissal
Jury to determine
mother’s competence
this
ster
d in
ill us
ut
Bush daugh
ter's record
cleared of
1 AUSTIN (AP) — An
underage drinking case against
President Bush’s 19-year-old
daughter Barbara was dis
missed Monday in Austin
Muncipal Court, city spokes
woman Patty Gonzales said.
I The dismissal comes after
Barbara Bush, who pleaded
no contest to a charge of
minor in possession of alcohol
in June, completed eight hours
of community service, which
she performed at Goodwill,
attended an alcohol awareness
class, paid $100 in court fines
and stayed out of trouble for
three months, Gonzales said.
E The charge will be
wiped from her record,
Gonzales said.
1 Jenna was fined a total of
S600 in July and her driver’s
license was suspended for 30
days after she pleaded no con
test to trying to use someone
else’s ID to buy liquor, stem-
niing from the May incident,
and a judge convicted her of
underage drinking, stemming
from an April incident.
HOUSTON (AP) — Andrea
Yates’ ability to assist her attor
ney in her defense and to ration
ally and factually understand the
case against her could be fragile
and change no matter what a
jury determines this week, legal
experts say.
Jurors were being picked
beginning Tuesday to hear evi
dence if the Houston mother,
accused of droyyping her five
children in the family n.fjathtub
in June, is fit tosiafid triifT
Yates, 37, is accused of two
counts of capital murder for
the deaths of three of her five
children.
When testimony likely
begins Wednesday, the jury
won’t consider Yates’ inno
cence or guilt but if she can
understand the case against her
and consult with her attorneys
about it, said Daniel Shuman, a
law professor at Southern
Methodist University.
If Yates is found competent
to stand trial, another jury will
determine her degree of respon
sibility and whether she was
insane at the time of the killings.
And if jurors seated this
week find Yates incompetent,
they’ll also have to determine
the likelihood she will regain
competence.
“If the jury finds her incom
petent, what that means is that
the state is constitutionally
barred from proceeding with the
criminal prosecution until she
becomes competent,” Brian
Serr, a Baylor University Law
School professor, said.
If found incompetent, the
state can commit Yates to a
mental institution for 18
months to try and get her com
petent, Serr said.
Harris County District
Attoiaiey Chuck Rosenthal hajj
- said 4ms oLTico,/>vill..4>urtsue.4he
death-penalty against*Yates.
Her defense attorneys, con
tending she is innocent by rea
son of insanity, have submitted
to the court hundreds of pages of
medical records detailing Yates’
treatment for depression, post
partum depression and showing
two suicide attempts after the
birth of her fourth child.
The records show Yates
wanted to kill herself to keep
from hurting someone else. She
told doctors she had her first
homicidal thought after the
birth of her first child, but
“blew it off.”
Dick DeGeurin, a Houston
criminal defense attorney, criti
cized Rosenthal’s office for
being “shameless” in its prose
cution of Yates since police
officers arrived June 20 to find
four of the children’s lifeless
bodies still wet under a sheet
on a bed. The oldest was dead
in the bathtub.
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