Pubdate: Tue, 17 Jul 2001 Source: San Jose Mercury News (CA) Copyright: 2001 San Jose Mercury News Contact: http://www.sjmercury.com/ Details: http://www.mapinc.org/media/390 Author: Scott Gold, Los Angeles Times Bookmark: http://www.mapinc.org/find?170 (Downey, Robert Jr) PROP. 36 HELPS ACTOR DOWNEY AVOID PRISON IN COCAINE CASE He Pleads No Contest, Gets Probation And Drug Rehab INDIO -- Actor Robert Downey Jr. became the first high-profile beneficiary of Proposition 36 on Monday, avoiding prison by pleading no contest to drug charges stemming from his November arrest at a Palm Springs resort. Had he entered his plea just a month ago, Downey almost certainly would have landed behind bars, prosecutors said. Instead, he will be sent back to rehabilitation under a ballot measure approved by voters last fall that mandates treatment, not prison, for many drug offenders. "With the new law, my hands are tied," said Riverside County Deputy District Attorney Tammy Capone. "It's what the voters wanted, and since I represent them, basically, I have to go along with that. "But I am concerned about the consequences of that and whether it will work." Ending a drawn-out dance between prosecutors and his attorneys, Downey, 36, appeared in an Indio courtroom to plead no contest to possession of cocaine, a felony, and being under the influence of a controlled substance, a misdemeanor. Downey was placed on three years' probation. He will serve the first year or so at Wavelinks International, a live-in drug rehabilitation facility in Malibu. Downey also will be subject to random drug tests like those he has passed in recent weeks, and will pay fines to be set later of $5,000 to $6,000, Capone said. If he fails to uphold the terms of the agreement, he could face four years in prison. "This is going to be hard work," Riverside County Superior Court Judge Randall White said. "If you choose not to work at it, if you choose to allow yourself to fail in this program, then the consequences will be severe to you and possibly to the public as well." "Thank you for your consideration, your honor," Downey replied. The actor's successful career, which has featured an Oscar nomination and an acclaimed stint on the television series "Ally McBeal," has repeatedly stumbled into legal problems. He was arrested in 1996 and charged with drug possession, driving under the influence and carrying a concealed weapon. He pleaded no contest and was placed on probation. He violated the terms of his probation twice, and in 1999 he was sent to Corcoran State Prison for a year. He was released in August -- and three months later was arrested at Merv Griffin's Resort Hotel and Givenchy Spa after an anonymous caller led police to his hotel room, where investigators said they found cocaine and methamphetamine. While out on bail in April, Downey was arrested again in a Culver City alley. That time, Downey had traces of cocaine in his system, and though Los Angeles County prosecutors declined to press ahead with a criminal case, the incident cost him his "Ally McBeal" role. Despite the extensive record of failure, "Rehab will work if he wants it to work," Capone said. He does, said Downey's West Los Angeles defense attorney, James Epstein, after Monday's hearing. "His motivation is extremely high right now," Epstein said. Downey's case is not a sign that Proposition 36 is too broad, Epstein said, but a sign that it is overdue. "Addicts are not criminals," Epstein said. "This is an illness, not a crime. And he's very appreciative for the new outlook by the voters of California and the district attorney's office." - --- MAP posted-by: Terry Liittschwager