Pubdate: Tue, 15 May 2001
Source: Los Angeles Times (CA)
Copyright: 2001 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Steve Berry
Bookmark: http://www.mapinc.org/find?170 (Downey, Robert Jr.)

DOWNEY TO FACE PAROLE CHARGES

County prosecutors said Monday they will not file misdemeanor narcotics
charges against actor Robert Downey Jr. stemming from his arrest last
month in Culver City.

Instead, the district attorney's office will let state corrections
officials deal with Downey for violating conditions of his parole,
spokeswoman Sandi Gibbons said. Downey, 36, is on parole from a 1996
drug conviction and has served about a year in prison after violating
conditions of probation.

"He would get less time by prosecuting him for the misdemeanor than he
would for the parole violation," Gibbons said. She said the decision was
made after consulting corrections officials.

The misdemeanor charge could have brought a penalty of three months to a
year in county jail. With good behavior, the time served would be cut in
half, she said.

In contrast, corrections officials say they can keep Downey, who had
cocaine in his system when arrested last month, in treatment for six to
nine months, Gibbons said.

State corrections officials said Monday that Downey will not be sent
back to prison. Instead, they say they will seek to tighten restrictions
that have been placed on him.

"We will modify the terms so we can make sure he gets treatment and
increase drug testing and require more supervision," said Russ
Heimerich, spokesman for the state Department of Corrections.

Downey was arrested April 28 after Culver City police saw him on the
street apparently under the influence, officers said at the time.

The award-winning actor checked himself into a live-in drug treatment
center, where he remains.

Albert Aleixo, 45, who was arrested with Downey, was charged Monday by
county prosecutors with a misdemeanor offense of being under the
influence of drugs.

Gibbons said charges were filed against Aleixo because he is not on
parole.

Heimerich said corrections officials are not giving Downey special
treatment.

"For most drug offenders, when they have a relapse and minor charges, we
have the option to do exactly what we are doing with Downey," Heimerich
said.

Downey's lawyer, Daniel Brookman, said his client is pleased with the
decision.

"It will allow Mr. Downey to remain in rehabilitation and to continue to
fight this disease," he said.
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