Pubdate: Wed, 27 Dec 2000 Source: Sacramento Bee (CA) Copyright: 2000 The Sacramento Bee Contact: P.O.Box 15779, Sacramento CA 95852 Feedback: http://www.sacbee.com/about_us/sacbeemail.html Website: http://www.sacbee.com/ Forum: http://www.sacbee.com/voices/voices_forum.html 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." - --- MAP posted-by: Larry Stevens