Actor pleads no contest to drug charges in deal to avoid prison
By Chelsea J. Carter
Associated Press Writer
INDIO, Calif. (AP) -- Emmy-nominated "Ally McBeal" actor Robert Downey Jr. pleaded no contest Monday to two drug charges in a deal that spares him prison but requires a year in a live-in Malibu rehabilitation center.
Downey, who arrived at the Larson Justice Center more than an hour before his court hearing was scheduled, stood briefly during the 15-minute hearing and told Superior Court Judge Randall White that he understood the terms.
The Oscar-nominated star of the film "Chaplin" pleaded no contest to one felony count of possessing cocaine and one misdemeanor count of being under the influence of a controlled substance. A third count was dropped.
"Do you wish to plead no contest?" the judge asked.
"Yes, please," Downey said.
The actor was placed on three years' probation and ordered to drug rehabilitation. He must also comply with a list of regulations, including random drug tests, and pay a series of fines.
The actor was warned he faces up to four years in prison if he violates the terms of the plea bargain.
"Mr. Downey, I want to tell you this is not a gift of the court," the judge said. "This is going to be hard work. It can provide a tremendous benefit to you and to the public as well. But you are going to have to work at it.
"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. So I would urge you to put your utmost effort into this program, to complete it and to fulfill all your obligations. All right?"
"Thank you for your consideration, your honor," Downey responded.
Downey, 36, was arrested at Merv Griffin's Resort Hotel and Givenchy Spa in Palm Springs during last year's Thanksgiving weekend. Authorities allegedly found the drugs in his hotel room after receiving an anonymous call.
Downey left the courthouse through a crush of reporters but the actor didn't speak as he climbed into a vehicle, presumably for the 150-mile drive back to the Wavelength International rehabilitation center in Malibu.
"Mr. Downey would like it to be known that he is very appreciative of the fact the state of California is now treating his problem as an illness and not a crime," defense attorney James Epstein said outside the courthouse.
"His spirits are excellent. He's very motivated. He's hopeful he can overcome this problem," the lawyer said.
Several members of the Libertarian party hoisted "Stop the Drug War" placards outside the courthouse to protest Downey's arrest. A few members stood and lifted signs in court but were ordered by the judge to sit down.
Downey's plea bargain was struck under Proposition 36, which California voters approved last year. It removes the threat of prison for drug offenders unless they are charged three more times with drug violations or repeatedly fail to cooperate in treatment programs.
Deputy District Attorney Tamara Capon said she was pleased with the outcome.
"We got the conviction. That was the most important thing," she said. "Under the new law, I can't be that aggressive. ... Everyone under this law gets several chances."
Downey checked into a live-in drug rehabilitation center after he was arrested in April in a Culver City alley.
In that case, he was booked for investigation of being under the influence of drugs. Tests showed Downey had traces of cocaine in his system. The arrest cost him his role on the Fox TV series "Ally McBeal," for which he won a Golden Globe earlier this year.
Prosecutors decided in May to handle it simply as a parole violation. No charges will be filed.
Last week, he was nominated for an Emmy Award for the role.
Downey's legal troubles date back to 1996 when he was stopped for speeding and authorities found cocaine, heroin and a pistol in his vehicle.
A month later he was found passed out in a neighbor's home and was hospitalized at a substance-abuse treatment center. Three days later, he was arrested for leaving the center.
In August 1999, Downey was sentenced to three years in prison for violating his probation by missing scheduled drug tests. He was released a year later on $5,000 bail.
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