; 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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