Pubdate: Wed, 27 Dec 2000
Source: Sacramento Bee (CA)
Copyright: 2000 The Sacramento Bee
Contact:  P.O.Box 15779, Sacramento CA 95852
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Author: Chelsea Carter, Associated Press Writer

ACTOR ROBERT DOWNEY JR. PLEADS INNOCENT TO DRUG CHARGES

Robert Downey Jr. pleaded innocent Wednesday to new drug charges stemming 
from his Thanksgiving weekend arrest at a desert resort.

Downey, 35, who was arrested only four months after being released from 
prison in another drug case, entered innocent pleas to felony possession of 
cocaine and felony possession of the tranquilizer diazepam, each punishable 
by up to three years in state prison.

The actor, nominated last week for a Golden Globe for his recurring role on 
the TV show "Ally McBeal," also pleaded innocent to a misdemeanor charge of 
being under the influence of a controlled substance, which carries a 
maximum one-year jail sentence.

He also pleaded innocent to a one-year prison enhancement for his prior 
drug conviction. An additional year would be added if he's convicted on the 
other charges.

The Oscar-nominated star of "Chaplin" eluded a media throng outside the 
courthouse 130 miles east of Los Angeles by entering through a side door 
about 8 a.m. He left the same way without talking to reporters.

"He's upbeat. He's confident. He's spent some good times with his son over 
the holidays," one of his attorneys, Robert Waters, said afterward.

During the brief arraignment before Superior Court Judge B.J. Bjork, Downey 
let his lawyer, Daniel Brookman, do the talking.

The lawyer entered the pleas on the actor's behalf.

There was no drama like a previous appearance in Malibu when he described 
his drug problems: "It's like I've got a shotgun in my mouth, with my 
finger on the trigger, and I like the taste of the gun metal," Downey told 
a judge in 1999.

On Wednesday, Downey was asked at one point if he understood his 
constitutional rights and the actor stood and replied, "Yes, your honor."

Brookman then said "not guilty" to the charges.

Brookman argued unsuccessfully before entering the pleas that he needed 
more time to examine evidence made available Dec. 22, evidence that 
included audio tapes. The lawyer also said he hasn't reviewed laboratory 
results.

Noting charges were filed Dec. 11, Riverside County Deputy District 
Attorney Patricia Kelly said prosecutors weren't required to produce 
evidence until 30 days before trial and postponement of arraignment wasn't 
warranted.

"There is no valid reason behind it," she said.

The judge agreed.

"There isn't good legal cause for a continuance," the judge said, adding, 
"The motion for a continuation of the arraignment is denied."

Another hearing was scheduled for Jan. 29.

Downey signed a waiver that allows pretrial hearings to proceed without his 
presence. Downey must appear Jan. 29, however.

The actor was arrested Nov. 25 after an anonymous 911 call led police 
investigators to a room at Merv Griffin's Resort Hotel and Givenchy Spa in 
Palm Springs. The police allegedly found Downey with cocaine and 
methamphetamine. Lab tests later determined it wasn't methamphetamine but 
was either cocaine or diazepam, the prosecutor said Wednesday. She would 
not elaborate.

After Downey's arrest, his publicist assessed his client's situation.

"He's a recovering addict. Recovering addicts have relapses. He's working 
hard at his sobriety as he has for the last 18 months," spokesman Alan 
Nierob said.

Downey has finished his work on the current season of "Ally McBeal."
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