Pubdate: Wed, 8 May 2002
Source: Denver Rocky Mountain News (CO)
Copyright: 2002, Denver Publishing Co.
Contact:  http://www.rockymountainnews.com/
Details: http://www.mapinc.org/media/371
Author: JIM VERTUNO, AP Sports Writer

AG ORDERS MIDLAND TO RELEASE DETAILED DESCRIPTION OF OFFENSE

AUSTIN- Attorney General John Cornyn's office on Wednesday ordered Midland 
police to release a more detailed report on Texas running back Cedric 
Benson's April 27 arrest on misdemeanor drug and alcohol charges.

Shortly afterward, city officials released information on drugs and 
paraphernalia found and a one-paragraph "circumstance of arrest" statement 
that provides few new details of what led officers to arrest Benson, 19, 
and Melanie Robinson, 20, at her apartment when police responded to a 911 
call about loud music.

Both defendants were charged with possession of less than two ounces of 
marijuana and drug paraphernalia and being a minor in possession of alcohol.

The drug possession charge against Benson was dropped Tuesday for lack of 
evidence.

Police have released few details of the arrest despite formal requests from 
news organizations under Texas open records laws.

Midland City Attorney Keith Stretcher requested a ruling from Cornyn's 
office on what must be made public. He also requested that the report not 
be disclosed entirely.

Cornyn's office ruled that while the city can withhold information that 
would interfere with the investigation if released, it must provide a 
"detailed description of the offense."

The handwritten document explaining the arrest reads only:

"Dispatched to above address reference to loud party. Could see marijuana 
and beer bottles through window. Subject was (indecipherable) along with 
one other subject in apartment. More marijuana and drug paraphernalia (bong 
and pipes) were found."

Also released was a one-page "property information" report listing the 
drugs and paraphernalia found, including three small bags of pot. It does 
not say where the items were found although police have said they were 
discovered in a purse and closet.

Benson and Robinson's attorneys have raised questions over the search of 
the apartment, alleging that when police weren't invited inside, they broke 
a window to gain entry.

The information released Wednesday does not say how police got in.

Benson still faces the drug paraphernalia and alcohol possession charges. 
Both are Class C misdemeanors punishable by fines up to $500 and are 
pending in municipal court. All the charges against Robinson are still pending.

Stretcher did not immediately return phone calls to his office seeking comment.

Despite Cornyn's order for a "detailed description," Stretcher told the 
Midland Reporter-Telegram that more information would not be released.

"As long as it is pending, none of it is going to come out," he said.
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MAP posted-by: Keith Brilhart