dictionary

Latest arrest could hurt Downey's other drug case

Downey was arrested early Tuesday after a police officer found him in an alley.

LOS ANGELES, LOS ANGELES, California his defense in another drug case, a veteran California defense attorney told CNN.

Downey was arrested in Culver City, California, for investigation of being under the influence of a controlled substance, a police spokesman said.

The arrest came just days before Downey was scheduled to appear in court for a preliminary hearing on his arrest Thanksgiving weekend at a Palm Springs resort. He has pleaded not guilty to charges of felony possession of cocaine and Valium and to a misdemeanor count of being under the influence of a controlled substance.

Attorney Leonard Levine told CNN's Burden of Proof that Downey's latest troubles could hurt his case.

DOCUMENT • Read Downey's April 24 arrest report (FindLaw) (PDF) Documents in PDF format require Adobe Acrobat Reader for viewing.

LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

"If he's out in an alley in Culver City trying to buy drugs, it's hard to argue that the drugs in his room were his or belonged to someone else," Levine said.

Downey's attorneys plan to challenge the legality of his arrest and the search of his room at the April 30 preliminary hearing. Levine said that if the challenges fail, Downey's attorneys should focus on convincing the judge to send the actor to rehabilitation instead of prison.

"As long as he's not selling, or committing other crimes to support his habit, they can continue to put him back into rehab," Levine said. "California voters recently passed an initiative that requires, in fact, first and second time drug users, not sellers, to go into rehab in place of incarceration or prison. So the precedent has been set, and if the judge wants, he can order him into a drug treatment program."

Incarceration would be an option only if Downey fails to complete the program, Levine said. "It's just a question of how many chances he gets before the courts lose their patience." he said.

Downey, 36, could be sentenced to four years and eight months in state prison if convicted on all three counts relating to that case. He is free on $15,000 bond.

Downey checked himself into a Los Angeles area rehabilitation center after his arrest and will spend 72 hours there before the state Department of Corrections sends him to a live-in drug treatment center for a least six months.

"Just set aside Downey's celebrity. The reality is there are just so many beds available in the California Department of Corrections," said state prison spokeswoman Terry Thornton. "It doesn't make sense for us to send someone like Downey to prison. The ultimate goal is to help him overcome his addiction."

Thornton said Downey would also face increased drug testing.

Downey was arrested after an officer on routine patrol noticed someone alone in an alley in Culver City, a Los Angeles area suburb, shortly after midnight Tuesday and stopped to question the person, said Lt. Dave Tankenson of the city's police department.

The officer did not recognize Downey at the time, but noticed he appeared to be under the influence of a stimulant, Tankenson said.

The actor was taken to the police station where he gave a urine sample. No drugs were found on Downey, Tankenson said, and he did not admit to having used any narcotics.

Downey was let go on a citation to appear in court May 4 and released to the custody of his parole agent, Tankenson said.

Preliminary results for the drug tests will be known in a few days.

Shortly after the news broke, the producers of "Ally McBeal," the hit television series for which Downey had recently won a Golden Globe award and Screen Actors Guild trophy for his role on the show, said they would not use Downey for the rest of the season.

"Robert is a unique talent and a very special person, and we wish him the best and hope for a full recovery," said David E. Kelley, the producer of "Ally McBeal." "We are wrapping up the stories on the final few episodes of 'Ally McBeal' for the season without him."

CNN Correspondent Paul Vercammen and Producer Stan Wilson contributed to this report.

Downey rejects offer; court date set
March 16, 2001
Downey drug case expected to proceed to trial
March 14, 2001
Robert Downey drug case continued until February 21
January 29, 2001
Essay: Moral failing? Seek instant redemption
January 29, 2001
Paul Vercammen: Robert Downey Jr. viewed as a 'functioning addict'
December 27, 2000
Robert Downey Jr. free after pleading not guilty in drug case
December 27, 2000
Actor Robert Downey Jr. faces arraignment
December 27, 2000
Celebrities' private fights with addictions often become public
December 27, 2000

See related sites about LAW

Note: Pages will open in a new browser window

External sites are not endorsed by CNN Interactive.