Pubdate: Mon, 16 Jul 2001
Source: CNN (US Web)
Show: CNN Live Event/Special
Section: News, Domestic
Copyright: 2001 Cable News Network, Inc.
Contact:  http://www.cnn.com/
Details: http://www.mapinc.org/media/65
Anchors: Leon Harris, Daryn Kagan
Correspondents: Paul Vercammen, Rusty Dornin

ROBERT DOWNEY JR TO ENTER PLEA AGREEMENT ON DRUG CHARGES

Should Allow Him To Avoid Jail Time

Leon Harris, CNN Anchor: In 1987's "Less Than Zero," actor Robert Downey, 
Jr. played a cocaine addicted party boy.  Well, now his behavior in real 
life has him in court this morning answering to drug charges once 
again.  For the latest let's go down to CNN's Paul Vercammen who's standing 
by live in Indio, California outside the courthouse.  Paul?

Paul Vercammen, CNN Correspondent: Well, Leon, momentarily they will begin 
here.  And as we've told you all morning long, Downey is expected to enter 
that plea of no contest and that will basically allow him to avoid prison 
time and continue his rehabilitation in a Malibu treatment facility.

Daryn brought up earlier that sometimes you need a score card to try to 
keep up with Downey.  Well, here's what happened.  There was scenario where 
Downey's previous legal team was going to bitterly fight the charges that 
stem from his arrest here in Riverside County in Palm Springs over 
Thanksgiving weekend.

And just a recap, you may recall there was this disputed 911 call that came 
from an individual who said that there was someone in a room who had drugs 
and guns.  And then there was a lot of talk from Downey's legal team at the 
time that there was no real probable cause that the guns had caused the 
authorities to go to the hotel while they otherwise would not have.  And 
they were going to battle this thing tooth and nail.

There was also another charge out and that was later dropped and that was 
possession of Valium. Right now it's just the two counts, which are 
possession of cocaine and being under the influence under -- of a 
controlled substance. That's a misdemeanor.  And those are the two counts 
that Downey's expected to plead no contest to.

And as we said earlier, the prosecutor walked into the room and she said 
she'd absolutely be shocked if things did not resolve themselves 
today.  Her name, of course, is Tamara Capone.  She has long said that here 
in Riverside County she settles about 60 percent of these drug cases.  That 
is the trend in California.  Basically the idea is they do not want a lot 
of non-violent drug offenders clogging up the courts, clogging up the 
prison system so basically they come in and they try to settle the cases.

And in trying to talk to the prosecutors including prosecutors in other 
counties, one thing you have to remember about Downey, he is not the type 
of repeat offender who winds up before a judge five times a year, 10 times 
a year. Of course, he has the means basically to purchase the drugs and he 
does get in trouble but there are repeat offenders who are found fencing 
stolen items, who are out basically burglarizing to try to feed their 
habit.  And what everyone has said in this case including his own parole 
officer is he's not a threat to anybody but himself.  He is not a guy who 
has been arrested multiple times for driving under the influence of a 
control substance -- that sort of thing.

So that is why the mood here seems to be that basically they need to get 
this guy into the rehabilitation facility, which they have done -- the 
state's Department of Corrections has done -- and keep him there for a good 
long time.

And speculation as to when Downey might be able to return to work as an 
actor in a movie or a film, well, they say that is still a long time off 
and he needs to continue to be very serious about his rehabilitation process.

Also his parole agent said that he did something unique.  Downey 
volunteered to wear an ankle brace, an electronic monitoring device. This 
was Downey's idea. He thought it would just help him in case he was ever 
tempted again.

So basically we'll just wait here for the beginning of these proceedings 
and for Robert Downey, Jr. to answer that no contest plea. Leon, Daryn?

Harris: All right, thanks a lot.  Paul Vercammen reporting live this 
morning from Indio, California.

Daryn Kagan, CNN Anchor: Very good. And we'll have Paul stand by to wait 
for those proceedings to start.  And while we do let's bring in our legal 
analyst Roger Cossack who is standing by in Washington. Roger, good morning.

Roger Cossack, CNN Legal Analyst: Hi, Daryn.

Kagan: Let's start with the basics here with our legal lesson. As Paul was 
reporting we expect Robert Downey, Jr. to plead no contest.  What does that 
mean?

Cossack: Well, no contest is a way of saying, "Look, I didn't do it. And -- 
but I'm not saying I did do it.  I'm just entering a plea of no contest, 
which means I choose not to fight the charges." In criminal law a plea of 
no contest is considered like a guilty plea. It usually means if there's a 
civil lawsuit you can't use the plea against you in a civil lawsuit but 
it's like -- I think what lawyers call it is it's a way of doing a slow 
plea.  That is, "I'm not saying I did it, I'm not saying I didn't, I'm just 
saying I choose not to fight it." Which, in effect, is different but the 
same as a guilty plea.

Kagan: And then as a former prosecutor what would that encourage you to 
give up in terms of a plea bargain?

Cossack: Well, this is a case which is pretty well set out.  I mean, 
Proposition 36 was passed by the California voters in that they just made a 
policy decision and they said, "Look, we would much rather in a sense house 
these non-violent drug offenders in rehab places -- in rehab centers -- 
than house them in a prison.  It just costs too much money, it clogs up the 
prison, it clogs up the courtroom system."

So when you have someone like Downey who, as Paul just pointed out, is a 
non-violent individual whose main problem is that he just can't stay away 
from drugs but is not out committing burglaries or crimes but is just an 
abuser of drugs, this is the kind of case that is just perfect for what the 
voters of California said.  They said, "Look, let's just put this guy in a 
rehab center and keep him in a rehab center rather than put him in a prison."

Kagan: So a lot of people might look at somebody like Robert Downey, Jr., 
Roger, and say, "Here he is, a rich actor, a celebrity. He's getting off so 
easy." But actually what you're saying is somebody like him is -- would 
actually be treated just like this in terms of getting steered toward rehab 
rather than toward the prison system under what California's trying to do 
right now?

Cossack: Yes, absolutely.  In fact, I would argue that probably if not for 
Proposition 36 they would have thrown the book at Robert Downey, Jr.  You 
know, it's not -- he has gone to prison in the past and I think that these 
prison sentences would have just started mounting up with him.  But because 
of Proposition 36, which takes this position that says, "Look, non-violent 
drug abusers are more of a threat to themselves than they are to 
society.  And what the downside is is what they do to our court system and 
what they do to our prisons.  We would much rather have them housed in a 
rehab center than housed in a prison."

And that is why he is getting what's going to happen to him today, which is 
he is going to be sentenced to a term of probation of which he has to stay 
in a rehab center.  And as long as he doesn't commit violent crimes or -- 
like a burglary or a robbery or something of that nature he will -- I hope 
this is the last one for Robert Downey but if he continues to do it this is 
where he'll continue to get sent back to.

Kagan: Well, and of course, though, with the prison sentence Robert Downey, 
Jr. can say, "Been there, done that." He spent a fair amount of time in the 
state prison system in California.

Cossack: Yes, but there's not much -- there's not much he can't say...

Kagan: That's true.

Cossack: ... "been there, done that," too.

Kagan: That's true.

Cossack: I mean -- you know, this isn't the first rehab center that he's 
been to also.  This is a guy -- and I think that people have to understand 
- -- this is a guy who's just an addict.  And I don't mean to deem or to say 
"just an addict" but an addict is just a different type of person than the 
rest of us.  That's why all those things that make so much sense just don't 
seem to make much sense to Robert Downey, Jr. I mean, you want to shake 
this guy and say, "What part of life don't you get?" But it's something 
that is clearly something he cannot control.

Kagan: Roger, talk us through a little bit about what we just saw just 
happen.  Clearly Robert Downey, Jr. is sitting there by himself now in the 
courtroom.  All of the lawyers -- I think the prosecutor and the defense 
attorney got up and went into a room behind closed doors.

Cossack: Right.

Kagan: What would you suspect is happening right now?

Cossack: Yes, those are the judge's chambers.  I would suspect that is the 
judge's office.  And what's going on back there now is a discussion about 
what's going to happen in the future -- make sure that everyone is in 
agreement.

The judge is going to say, "Now it is my understanding that there is a plea 
agreement in this case -- that Mr. Downey will enter a plea of no 
contest.  In return I will follow the dictates of Proposition 36 and 
sentence him to a certain period of time in a rehab center. Is that what 
everybody understands?"

And the prosecution will say, "Yep, we're on board for that." and the 
defense will say, "Yes, that's where we're on board.  And we plan on 
sending him to this rehab center." And the judge will say, "Is that what 
you understand," to the prosecutor.  And the prosecutor will say, "Yes."

And the judge also wants to make sure that he is doing what both sides 
want. If one of the sides said, "No, I don't want to do that." Then there 
would be a discussion about what could -- what else could happen in the future.

Kagan: So why isn't the defendant -- why isn't Downey back there with his 
lawyers listening to all of this?

Cossack: Well, you know, that's a good question.  Theoretically he is 
certainly entitled to be back there at all stages of the preceding and to 
listen to this.  But I think this is one of those things that is better off 
done just between the lawyers on both sides and the judge. And I think 
Downey has been advised to just wait outside for a few minutes until they 
come back outside from visiting with the judge.

Kagan: OK, Roger, we are getting word that we expect perhaps Chandra's 
Levy's father might be coming out and making a statement to the media. If, 
in fact, he does that and we have had warnings like this before but if, in 
fact, Dr. Levy does come out and make a comment you will see that live here 
on CNN.

Meanwhile we do continue our coverage of Robert Downey, Jr.'s hearing in 
Indio, California. Roger, another question about this Proposition 36.  I 
believe -- and Paul can pipe in with this, too -- it was passed by 
California voters back in November. Is it considered pretty cutting edge 
for how to handle repeat drug offenders in terms of how other states are 
handling this situation across the country?

Cossack: I would say this that it is on the front line of what -- of a 
policy decision that is being made by some states and eventually is going, 
I think, have to be forced -- many states are going to be forced to decide 
something somewhat similar.  There is unfortunately in this country many, 
many people who are arrested for drug abuse, who, like Robert Downey, Jr. 
their main -- or their main victim is themselves.  And therefore the 
question these states have to decide is what do we do with these people who 
are merely possessors -- illegal possessors and illegal abusers?  Are they 
criminals, number one?  And if they're not -- or is it a medical problem or 
a social problem? And if it is that, should we put them in prison or should 
we put them in a place where they can get treatment?

And finally, there was the fiscal aspect of this.  These people were 
clogging prisons and clogging the court systems so that other things -- 
more important one could argue -- kinds of crimes -- just were getting put 
on the back burner or not being heard at all.

Kagan: OK, Roger, you stand by.  Paul, let's bring you in here. Talk about 
the timeline.  As I understand it Proposition 36 would have passed in early 
November.  And didn't the incident which brings Robert Downey, Jr. to this 
California courtroom today happen around Thanksgiving just a few weeks later?

Vercammen: Well, this is actually not qualifying for that Proposition 36 
timeline because as I understand it, it was to go into effect July 1.  But 
all along and from the very outset the prosecutors in this county have 
said, "We have to follow the spirit of the law." So they are basically 
treating Downey under the spirit of the law.

And also I might want to reiterate, as I said to you before here in 
Riverside County Tamara Capone says she settles some 60 percent of these 
cases.  So I don't think there was every a very hard line attitude here.  I 
think this county and many counties in California have long said that they 
would much rather go ahead and settle --and we use that term "clogging the 
courts and clogging the prisons" than end up with all of these non-violent 
offenders in courtrooms and in prisons.

So not only does Proposition 36 further re-emphasize that, they already had 
similar attitudes in place and they had been settling cases under a drug 
calendar, so to speak, for a long time here in this county, Daryn.

Kagan: Got it.

Cossack: Daryn, if I could just jump in...

Kagan: Go ahead.

Cossack: ... a second.

Kagan: Sure.

Cossack: What Paul is saying -- he's absolutely right that in terms of when 
the law went into effect Proposition 36 probably doesn't include Robert 
Downey, Jr.  But once the people in the State of California pass a law -- 
pass a resolution like Proposition 36 it's clear what the people want.  And 
it would be out of step, therefore, for a prosecutor to say, "Well, just 
because this doesn't happen until July." I mean, they were talking about 
people like Robert Downey, Jr. when they passed this law so it's clear that 
he should be included. I would think it would be -- it wouldn't be illegal 
for the prosecutor to say, "No, we can't do it." But it certainly would be 
out of step with what the people voted.

Kagan: You might say "the people have spoken." We await the judge to speak. 
The attorneys still behind closed doors with that judge.  Our coverage of 
Robert Downey Jr. in that California courtroom will continue.  Stay with 
us, we'll be back after this break.

(COMMERCIAL BREAK)

Harris: Continue our coverage of Robert Downey, Jr.'s day in court. You see 
him there seated there alone -- by himself at the table there facing the 
judge. The lawyers in this case are actually in chambers with the judge 
discussing some matter of -- pertinent to this case we assume.  And we'll 
get to the live coverage of that in just a moment.

But after dropping out of high school a young Robert Downey, Jr. wanted to 
pursue an acting career full-time.  He moved back to the East Coast to live 
with his mother.  And it's there that CNN's "PEOPLE IN THE NEWS" tells the 
story of an inspiring actor and his quest for stardom.

(BEGIN VIDEOTAPE)

Sharon Collins, CNN Correspondent (voice-over): In 1983, on the set of 
"Firstborn," he met a striking 18-year-old girl.  Her name, Sarah Jessica 
Parker.

(BEGIN VIDEO CLIP, "FIRSTBORN")

Downey: Hey, come on, Jake.  An accident, Jake.  An accident.

(END VIDEO CLIP)

Collins: They had a lot in common.  Besides their lines together, they were 
both the same age and both new to acting.  A romance sparked between the 
young couple off the set.

Michael Fleeman, Correspondent, "PEOPLE": They lived together for several 
years in New York.  He was a young struggling actor, she was a young 
struggling actress, and he said, amazingly, you know, they were able to get 
along despite his problems.  He was using drugs at the time.  I mean, he 
was still part of the party scene and everything.

Collins: But after making just one movie, Downey made a jump to the small 
screen and to comedy.  In 1985, he joined NBC's "Saturday Night Live," the 
popular comedy sketch series.  He was a regular cast member for one season.

(BEGIN VIDEO CLIP, "SATURDAY NIGHT LIVE")

Downey: Hey, (Unintelligible) and a shotgun for my buddy here.

(END VIDEO CLIP)

Collins: Downey returned to films the following year, taking on a dramatic 
role in the 1987 movie "Less Than Zero."

(BEGIN VIDEO CLIP, "LESS THAN ZERO")

Unidentified Actor: And you did it.  You did it to yourself, and you know it.

(END VIDEO CLIP)

Collins: He played the troubled Julian, an out-of-control addict who fights 
to kick his drug habit.

Fine: How much of his personal life did he bring to that character? 
Probably quite a bit, you know.  You root for him.  It's the clown who 
suffers, and under the smile there's a pain, and you get that from him.  So 
he's got a vulnerability that makes you like him, that makes you root for him.

Collins: Off screen, Downey had developed his own serious cocaine problem. 
Shortly after completing the movie, he entered a rehab facility for 
substance abuse.  In addition to his drug addiction, Downey had to deal 
with the on again-off again relationship with Sarah Jessica Parker.  But as 
his personal life was in limbo, his career was coming together.

(BEGIN VIDEO CLIP, "THE PICKUP ARTIST")

Downey: Hi. My name's Jack Jericho.

(END VIDEO CLIP)

Collins: Later that year, Downey landed his first leading role, playing a 
charming womanizer in "The Pickup Artist," directed by James Toback.

James Toback, Director: And he walked into my office at Fox on 57th Street 
and literally a minute after we started talking, I said, "By the way, you 
want to play the lead in this movie?" And he said, "Sure."

He made you like him immensely without trying.

(BEGIN VIDEO CLIP, "SOAP DISH")

Downey: So he wasn't killed, he was maimed.

(END VIDEO CLIP)

Collins: He received praise for his role as the manic soap-opera producer 
in "Soap Dish."

(BEGIN VIDEO CLIP, "SOAP DISH")

Unidentified Actor: You do want me, don't you, David?

Downey: In the weirdest way.

Unidentified Actor: (Unintelligible) this close.

(END VIDEO CLIP)

Collins: As "Soap Dish" wrapped, so did his seven-year relationship with 
Sara Jessica Parker.  He soon fell in love again, this time with model 
Deborah Falconer.  The two married in May 1992 and had a son, Indio, a year 
later.

At age 27, with stability in his personal life, Robert Downey Jr., prepared 
for the role that propelled him to Hollywood's A-list, "Chaplin."

(BEGIN VIDEO CLIP, "CHAPLIN")

Dan Akroyd, Actor: The guy I hired did the best comedy drunk I ever saw, 
but he was old.  I don't pay 100 a week to juveniles.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP, 1992)

Downey: He was supported by, you know, by something beyond. It's almost 
like, how do you play a better person than yourself?  Not better, but let's 
just say a -- you know, someone who is -- who walked the walk for his whole 
life.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

Richard Attenborough, Director: We now have the opportunity of what Charlie 
introduced to little children...

(END VIDEO CLIP)

Collins: Director Richard Attenborough hired Downey for the role.

Attenborough: You had to have somebody who had this passion, this driving 
passion to do what he wanted to do, and you had to believe there was a mind 
behind the eyes.  The camera, when it comes in close and it's in here, you 
can't deceive the camera.

Collins: Robert Downey Jr. was at the pinnacle of his career. He received 
an Academy Award nomination for best actor in "Chaplin." But away from the 
cheers and the cameras, he continued to be drawn to life in the fast lane.

Unidentified Male: I read this article where you were quoted as being this 
bad boy of Hollywood and party-goer and this whole -- where is this guy?

Downey: Oh, he's around, you know, and he'd be happy to jump back in at any 
time.  I would just say that, you know, how long can danger work, you 
know?  It ain't over till it's over.  I hope it's over.

(END VIDEOTAPE)

Harris: Interesting.  Now you see the live picture we have here of Robert 
Downey, Jr. in court still, again, as we were saying, waiting for things to 
get underway.

Let's go down to our Paul Vercammen who's standing outside that courtroom 
in Indio, California.  Paul?

Vercammen: Well, listening to that last report, Leon, and thinking about 
Downey, he might be wondering about his current state of health. And here's 
what his parole agent told me.  He said that Downey is doing very well in 
his recovery process and that he's been very serious about it, that he's in 
a 12 step program and that he is going very slowly. Apparently someone can 
go through the program rather quickly to some degree but he says Downey is 
taking his time with each step and that he's able to focus in his current 
treatment facility.

Also he is being tested by the parole officers once a week and randomly 
tested twice a week by the facility.  Has he been out and about?  Yes, 
there have been some Downey sightings in Hollywood. He's allowed to leave 
for, let's say, counseling, for medical visits and he has had on several 
occasions a visit with that son that you alluded earlier, his son, 
Indio.  Each time though, of course, he is basically with either his parole 
officer or someone from the rehabilitation facility.  It's not like Downey 
is driving around Hollywood alone meeting people for lunch or that sort of 
thing.

Now the goal of rehabilitation and this comes from the state's Department 
of Corrections is to basically down the road integrate whoever back into 
society and to allow them to work.  This is an interesting situation with 
Downey.  Do you allow Robert Downey, Jr. at this point to go off and film a 
movie or film a TV show?  They say that is not going to happen right now 
that he still needs to focus on his rehabilitation and going back to work 
is off in the distance.

But they do concede as part of his rehabilitation that they want him to 
work. They do want to see him on screen again.  And, of course, he's a hot 
commodity. I mean, how many actors in the entire universe can say that they 
are a current Emmy nominee, which he is? He was nominated for Best 
Supporting Actor for his work on "Ally McBeal" this past season.  You may 
have seen the Emmy nominations on CNN.

Interesting note, however, he also has done something in Hollywood which is 
a cardinal sin.  Because of his arrest in Culver City at the end of the 
"Ally McBeal" show he basically cost Hollywood money because they had to 
rewrite the show because they had to take him out of that episode -- all of 
that.

Will they forgive him?  Well, this is a town where they seem to give people 
nine lives and perhaps he's maybe only on his fifth.  I mean, Hollywood 
seems to love that whole hero takes a fall story and I then called his 
publicist.

Now we grant you this, this is a town where publicists can be a pack of 
very non-straight shooters, you might want to say. These are the masters, 
the unrepentant spin doctors.  But Downey's publicist is a pretty level 
headed guy. He also represents Denzel Washington and Mel Gibson.  And he 
told me that the offers are still pouring in for Robert Downey, Jr, that 
people call all the time wanting to know when and if he's going to be 
available -- that they that's something down the road that they will take 
on and that is the possibility of him returning to a television show and/or 
movies.

He hasn't burned that many bridges in this town ironically enough because 
he has this reputation of being a good guy on set.  He doesn't have this 
reputation of, let's say, some guy that throws a fit and starts yelling at 
grips and starts demanding the blue M&Ms or wants to scream at other 
people. So we'll just have to see.

Behind me you might be wondering what the noise is about.  There is a group 
of protesters.  They're from the Libertarian Party. And basically they're 
calling for an end to the drug war.  They basically do not think that 
non-violent drug offenders should be put in prison. So in a sense they are 
supporting Downey here.

So we just like you, Leon, are awaiting the proceedings here. And we'll see 
when and if they do begin as they are now possibly hammering out the final 
details of this plea bargain agreement that would continue Robert Downey, 
Jr.'s stay in a rehabilitation clinic. Leon, Daryn?

Harris: Well, let me ask you, Paul, I mean, do we know at this particular 
point -- is it something the judge is going to nails down today whether or 
not Downey can actually take advantage of any of these offers that have 
been pouring into him while he is still in rehab?

Vercammen: Well, right now, I mean, in talking with his parole officer, no 
way.  I mean, he's in no shape or form to immediately jump on one of these 
offers that his publicist says he has been receiving. It's more a matter of 
him being completely on firm ground and being rehabilitated to the point 
where he is no longer, you know, a risk to himself.  And the publicist 
concedes that that's still time a ways off and obviously corrections and 
Downey will have to get together and decide when he would be ready.

But back to thing about Downey's reputation, well, take Curtis Hanson, he 
was the director of "LA Confidential" and also "Wonder Boys" with Michael 
Douglas, which was a movie that received a lot of accolades last year.

Hanson is a smart guy and he just adores Downey and says when he was on his 
set absolutely no problems.  I mean, there are other actors that, 
fortunately for them, do not have the legacy of Robert Downey's drug 
problems but, you know, they can be extremely disruptive on sets and you 
see some projects that basically die when someone starts acting up.  It's 
kind of swept under the carpet but from everything that we know Downey 
hasn't gone on a set and torn something up.

Harris: Yes.

Vercammen: He basically does his job.  And when he works he works 
hard.  And, you know, they say an actor's experience is obviously the well 
they pull from and allows them to emote.  And certainly Downey has a long 
and sorted tale and a range of experiences that he knows all about.

Harris: He's pretty good at digging those wells, there's no question about 
that.  Let me ask you something else about the candor with which the 
publicists you were talking about moments ago -- the guy who represents him 
as well as Denzel?

Vercammen: Yes?

Harris: In candidly -- in candidly speaking with him can you find out -- 
will he tell you or does he say at all how much of this interest in Downey 
is being generated strictly because of the publicity that he's already 
received and the fact that he's now notorious and because of that he can 
sell tickets to almost any kind of movie or he can sell almost any 
television show he shows up on -- not necessarily just because he's a good 
guy on the set but because now he's notorious?

Vercammen: Well, I think it's a snowball effect.  I mean, first and 
foremost we cannot take this away from Downey -- he is a respected 
actor.  I mean, he is known as being a master at his craft.  He is an Oscar 
nominee, his is a Golden Globe winner, you know.  He keeps on getting 
nominated right and left -- there is no doubt -- because you'll hear in 
this town -- you'll hear what they say about folks.  I mean, there are some 
people who are quite famous who, frankly, you get in a closed room with 
somebody or they tell you off the record, they'll take a poke at 
them.  They'll say, "Well, they're really not that good at what they do.  I 
mean, there's 25 other, let's say, stage actors who are doing a feeder up 
in Wisconsin right now who are better than this person but this person has 
the right genetic make up on a pan and issue camera that they look pretty 
decent and they can get people to tune into a TV show or movie.

They have never said this about Downey.  He has always been about 
fundamentally the ability to make people believe him and that he is a true 
- -- and that he often plays the vulnerable character, which is life has 
obviously been like.

And in terms of the publicists saying, "Well, they're just trying to cash 
in on his notoriety." There is no doubt that some calls have trickled in 
there from somebody thinking, "Hey, if I get Downey on this show I have got 
what I want and that is guaranteed ratings." But I think most of it comes 
from a true respect for his acting.  Back to you guys.

Harris: Well, he is going to have to control that ability to convince this 
judge because it looks like they maybe -- his lawyers have just now 
re-entered the courtroom, Paul.  And he is sitting down talking over I 
guess whatever they were discussing.  They have a document there. They're 
going over this piece of paper which has obviously got to be the plea 
bargaining deal that they're working on there in that courtroom.  Of 
course, right now we have no way of being privy to any of that information.

But we will keep our eye on this and we will come back for more live 
coverage in just a moment.  Don't go away.

(COMMERCIAL BREAK)

Kagan: Taking you once again to live pictures from Indio, California. To 
the right of the screen, you'll see actor Robert Downey Jr. standing by, 
waiting to enter his plea agreement on drug charges from an incident dating 
back to last Thanksgiving.

Our Paul Vercammen is covering this story with us.  He is live in Indio.

Paul, I want to bring you back and talk about more thought you were 
bringing right before the break, and that is Robert Downey Jr.'s reputation 
in Hollywood. Clearly, he has a long reputation of struggling with this 
drug problem, but what was different about the last extent was that it 
happened during a job, whereas, in the past, he tended to fall into trouble 
and get into trouble when he was not working.  Would that would raise a red 
flag?

Vercammen: Well, absolutely, it did.  As we said, that is a cardinal sin 
because here in Hollywood, you can do a lot of things, but don't start 
messing around with people's bank accounts. That is a cardinal sin, and 
that may make some people extremely leery of ever jumping on a project with 
Downey.  Who knows what assurances and guarantees that they could put in 
contract for any future projects.

Then again, as Leon raised the issue of, he's now a very marketable 
commodity.  I mean, the next project -- can you imagine -- with Robert 
Downey's name attached to it will instantly bring a lot of attention and 
will probably be something that a lot of people will tune into or go see at 
the movie theater, just to see how all of this fares.

He does have that working for him, and he has something else working for 
him: He's popular in the town.  Don't forget, when they nominate you for 
the Emmy Awards, these are your peers, your buddies; these are folks that 
you actually beat out.  Other actors, who probably thought that they 
deserved an Emmy nomination, sat down and consciously wrote down Robert 
Downey Jr. on a piece of paper.  And that's because you hear from the 
Calista Flockharts and other actors in this town that Robert's a supreme 
talent and basically a good guy.

He's obviously a tragic figure to many people in this town, and maybe they 
do feel sorry for him.  I don't know if he was given a pity vote, if you 
will, but as we've been talking about a lot this morning, he does have a 
lot of respect in the acting community, and sometimes it's almost like he's 
that kid that somebody votes for class president that they all kind of 
like, they flat think he's an all right guy.

So that has long been part of his ability, I think, to survive in 
Hollywood. I've heard some legendary blowups by some bigger stars and heard 
some of the things that they say to people on set, and as far as I can 
tell, Downey has never, ever had any of those huge and malevolent hissy fits.

Kagan: But what about the basic business aspect of this, Paul. Isn't it 
standard in a production that you would have to get insurance on a major 
star, and wouldn't it be difficult to getting insurance on Robert Downey 
Jr. at this point?

Vercammen: That's the question.  I don't know that it would be completely 
difficult.  It might just be one of the highest premiums you would ever 
want to look at.  It might be something greater than the insurance you get 
not to have fog wreck your shoot. That happened, for example, during "Basic 
Instinct." They go to a place and say can you insure my movie against 
it?  At one point, they lost some shooting days because the fog rolled 
in.  The contingencies and the dotted lines and the T's and the I's and all 
the things that they would have to cross and dot would be, I think, just 
mind numbing, and it might be a legendary new contract in Hollywood when 
they do try to insure him in the future.

This is not uncharted territory, of course.  There have been other actors 
and actresses who have had their battles with drugs, but certainly, the 
repeat offenses by Downey are going to raise a lot of alarms and could lead 
to that, as I said, unique contract.

Kagan: Paul, you mentioned earlier that Robert Downey Jr. is wearing an 
electronic tracking anklet.  Tell us more about that.

Vercammen: That's according to his parole officer.  He says that Downey 
voluntarily -- and he suggests this is indicative of just how hard Robert 
Downey Jr. is trying to stay clean and sober -- opted to put this tracking 
bracelet on. So it's just a further protection in case for some reason, 
somehow, in the middle of the night, or somewhere, you know he tried to 
wander off, that kind of thing.

They've talked at length, the parole officers to me, about the fact that 
they think this time he is making an honest and earnest go of it. They say 
that they feel he looks good and he's making progress and that he is 
getting quite healthy.  The last time -- let's face it -- he was in court 
- -- I hate to try to be someone who characterizes the way somebody looks -- 
but I don't think Downey looked his best. But they say as he continues in 
this 12-step program, which is important to him, obviously, that he is 
taking his time with it (AUDIO GAP) his need to focus.

And they say at the small facility which he is now living in there are not 
a ton of beds; there are not a lot of people there, and there are not a lot 
of distractions.  They also say due to the smallness of it, he's not 
getting what he might get somewhere else, and that is so many people 
walking up to him, confronting him, questioning him, possibly asking for an 
autograph, wanting him to recount what it was like when he made the movie 
"Chaplin," or tell them about "Ally McBeal."

They say that this is basically allowing Downey to go about his important 
business -- which is getting clean and sober -- and not being bothered by a 
lot of other people or extraneous influences. We will see.

His publicist echoes that, as you would expect, but he says he thinks 
Downey's doing the best he's don't in quite some time.

Harris: Paul, we're sitting here looking at this snapshot of his supporters 
in the courtroom right now.  These are his lawyers who are seated next to 
him, but also behind him is the person who runs the drug counseling program 
where he's been staying for the last period of time.

That drug counseling that he's been seeking right now is also, as I 
understand, has been the focus of some criticism by this first lawyer, the 
other lawyer that he had working with him in the past. He's actually 
speaking out against Robert Downey Jr. being in this program. What do your 
know about that particular case?

Vercammen: That is an extremely thorny issue.  And Daniel Brookman and Mr. 
Waters and the rest of his legal team have raised some objections to the 
center he's now in.  On the flip side, in checking with his parole agent, 
he basically says, Look, Robert Downey Jr. is in a licensed facility right 
now; we like the facility, and no way would we, as his parole officers, 
allow him to end up in any spot that would jeopardize him; we're absolutely 
on board with this place being legit; we're happy to see that he's making 
progress.  And they just refuted that.

Another person, who I'll not name, in Downey's camp said off the record 
that they thought that Downey's previous lawyers were just taking a cheap 
shot because they were upset that they were fired.  And that comes from a 
source very close to the Downey camp.  So that's quite a thorny issue.

Going back to corrections, the State Department of Corrections is fine with 
it, and it is a licensed facility.

Harris: Since you bring up that word "fired," can you give us any 
information or background of why the original lawyers were fired?

Vercammen: You know, that is something that has been very, very hush-hush. 
Obviously, Downey wanted to go in a different direction and settle the 
case.  I think Downey's previous lawyers would argue that they already had 
this plea deal set up, but what happened here clearly is after Culver City, 
his arrest in April, in an alley, with cocaine, in what seemed to be just 
the most stark circumstances: What was Robert Downey doing in the middle of 
night in an area known for crack abuse.  He was then taken, of course, to 
the correctional facility.

Maybe that changed the game for Downey.  I can't completely put my mind in 
his, but at some point, he decided that he would make a legal change, and 
now here we are with the plea bargain.

There was that other scenario, as we said before, prior to that arrest in 
Culver City, where they were going to fight this case bitterly and, 
basically, bring up a lot of issues, including the whole reason as to why 
authorities wound up in his hotel room in the first place.

So here we are today.  The prosecutor, as I said, coming into the 
courtroom, said to me she would be absolutely shocked if this is not 
wrapped up now.

Harris: Interesting.  Paul, you stand by.

We're going to check another facet of this story, that facet being 
Proposition 36, which was approved by California voters last November.

Our Rusty Dornin takes a look now at how this new law works and what it may 
mean for Robert Downey Jr.

(BEGIN VIDEOTAPE)

Rusty Dornin, CNN Correspondent (voice-over): He's not violent. He's 
definitely got a drug problem.  And under California's new law, offenders 
like Robert Downey Jr. could get sentenced to treatment, not time.

Glenn Backe, Drug Policy Foundation: The only law they broke, is they are 
in possession of drugs.  They have no other crimes at the time. And they 
have no other violent crimes in the last five years.

Unidentified Female: You are charged with being under the influence of cocaine.

Dornin: Judge Peggy Hora once used treatment in jail like the carrot and 
the stick, a stick the new law all but takes away.

Unidentified Female: You are also eligible under California's new law which 
went into effect today...

Dornin: Drug testing is another tool taken away by the new law. And without 
jail time or drug testing to keep addicts in line, Hora worries the whole 
experiment will end up sending the wrong message.

Judge Peggy Hora, Alameda County: My biggest fear is we are going to be 
spending all this money, half a billion dollars, to have people say 
treatment doesn't work.  And that's not true.

Dornin: In East Palo Alto's Free at Last drug treatment center, the new law 
will house another 12 addicts, but from the courtrooms to the treatment 
centers, no one is exactly sure how the law will work.

Priya Hajic, Treatment Program Adviser: We don't know how much money, we 
don't know exactly how many clients, and we don't know exactly what their 
needs are going to be.

Dornin: Along with uncertainty, there are fears that prosecutors in some 
counties won't play fair.

Maybe the DAs are going to press secondary charges on everyone and you 
know, resisting arrest, or solicitation, because there is a secondary 
charge, it will disqualify you, and they can get you on the prison time.

Dornin: California jails more drug users per capita than any other state. 
Not jailing low-level offenders could save $250 million a year, say 
supporters, for the next 5 1/2 years.

(on camera): About 36, 000 drug offenders will get sentenced annually to 
treatment.  Will they go?  Will they quit using drugs? The answers will 
determine the outcome of one of California's boldest legal experiments.

Rusty Dornin, CNN, San Francisco

(END VIDEOTAPE)

Kagan: The wait goes on in a California courtroom, Robert Downey Jr. 
awaiting the presence of a judge, to enter his plea agreement and be sentenced.
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