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CNN Live Event/Special
Robert Downey Jr. Pleads Not Guilty
Aired May 24, 2001 - 12:21 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: Live pictures from Indio, California, the arraignment of Robert Downey Jr. on some drug charges.
Let's listen in.
(JOINED IN PROGRESS)
UNIDENTIFIED MALE: All right. Pursuant to our discussions in chambers, counsel, do you have copy of the amended complaint?
DANIEL BOOKMAN, DOWNEY'S ATTORNEY: I do, your honor.
UNIDENTIFIED MALE: I have, actually, copies here for everyone, if you need copies.
BOOKMAN: I would appreciate that. The faxed copy I have is not that great.
UNIDENTIFIED MALE: I'll give you back those. I understand that was filed on the 18th.
TAMARA CAPONE, DEPUTY DISTRICT ATTORNEY: That's correct, your honor.
UNIDENTIFIED MALE: And the demurrer was not filed but was received by the court on the 23rd. You're asking that that be filed?
BOOKMAN: Yes, your honor.
UNIDENTIFIED MALE: We'll note that as being filed as of today.
And then we need to set this for a hearing on the demurrer.
CAPONE: We would ask that all hearings, motions, and the pre-lim be set for July 16, please.
UNIDENTIFIED MALE: July, you said?
CAPONE: Yes.
BOOKMAN: Sixteen, your honor.
UNIDENTIFIED MALE: Is there a reason to continue it to that date? CAPONE: Yes, your honor, there are some outstanding discovery on both sides that still needs to be taken care of.
BOOKMAN: We would join in that statement, your honor.
UNIDENTIFIED MALE: So both parties are in need of discovery?
BOOKMAN: That's correct.
CAPONE: That's correct, your honor.
UNIDENTIFIED MALE: What specifically are we talking about, so we can have a clear record?
BOOKMAN: There are witness statements that need to be provided, potential witnesses that the defense has interviewed, that need to be provided to the prosecution. Additionally, an item of tangible evidence that we've been requesting -- a report -- just arrived today, and we wish the opportunity, perhaps, to have that independently tested.
UNIDENTIFIED MALE: OK.
Miss Capone, anything you want to add to that?
CAPONE: No, your honor, the people are just waiting for the statements that Mr. Bookman just spoke about.
UNIDENTIFIED MALE: OK, when are those going to be provided?
BOOKMAN: I would anticipate within the next two weeks. The item that we spoke about being retested I can't predict. We've had some difficulty getting things transported from custodial situations to independent testing. But with the July date, I can assure the court that we will have that completed one way or another.
UNIDENTIFIED MALE: Is there any need for court assistance in that?
BOOKMAN: If it becomes necessary. It hasn't been necessary in the past. It was just a question of locating it. But if do require a court order, I will make application.
UNIDENTIFIED MALE: OK.
And the hearing on the demurrer you're asking for on the same date.
CAPONE: That would be fine for the people.
UNIDENTIFIED MALE: Do the people intend to respond?
CAPONE: Not at this time, your honor.
UNIDENTIFIED MALE: OK.
Anything further?
CAPONE: Just the arraignment, your honor.
UNIDENTIFIED MALE: On the complaint, which has been provided to counsel, waive arraignment -- excuse me, waive further reading of the complaint.
ROBERT DOWNEY JR., ACTOR: Yes, your honor.
UNIDENTIFIED MALE: Stipulate advisement of rights.
BOOKMAN: So stipulated.
UNIDENTIFIED MALE: This is buried in file number one.
Do you wish to comment, Mr. Bookman?
BOOKMAN: I do have one comment as to the count two, your honor, which is the new count that we have filed a demurrer. In light of the fact that were anticipating a perenhamil (ph) demurrer, although with some degree of uncertainty, I understand that the procedure that the court's preference, in this court, would be to enter a plea at this time and stipulate to leave to withdraw that plea for purposes of resubmitting a demurrer in the future.
CAPONE: (OFF-MIKE)
UNIDENTIFIED MALE: I don't know that this court expressed that preference, but...
BOOKMAN: Well this, at a prior proceeding, one of your fellow jurists mentioned that we had asked for leave -- I'm sorry, for a continuance to actually enter a plea, and had expressed the possibility of exploring a demurrer, and it was pointed out to us that the judge has the discretion to allow a withdrawal of the plea, since, technically, that has to be vacated or set aside for purposes of the demurrer.
UNIDENTIFIED MALE: I see. OK.
BOOKMAN: That's for purposes this proceeding. We're willing to put in a plea of not guilty to that count, with the understanding and stipulation from counsel and the court that should we want to proceed on the demurrer, that we would have leave to withdraw that plea for the purposes of...
UNIDENTIFIED MALE: We'll allow that procedure at this point. And you wish to enter plea of not guilty?
BOOKMAN: Yes, your honor: not guilty to all counts, and a denial of all special allegations.
UNIDENTIFIED MALE: There is one special allegation, correct?
CAPONE: Correct, your honor.
UNIDENTIFIED MALE: The only thing that has changed is count two?
CAPONE: Correct.
UNIDENTIFIED MALE: All right. So we'll allow that.
Anything further?
BOOKMAN: No, your honor.
CAPONE: No, your honor.
UNIDENTIFIED MALE: I've forgotten what the custodial status is. Is there a bail or bar, what's the situation?
CAPONE: There's bail, your honor.
UNIDENTIFIED MALE: OK. All right, that will be the order. All parties are ordered back on July 16, 8:30, in whichever department we're assigned to.
O'BRIEN: We've been watching live pictures from Riverside County, California. Actor Robert Downey Jr. was appearing at an arraignment on the latest in a series of charges that have been filed against him. In this case, the allegation was that in November, he was under the influence of a controlled substance.
Mr. Downey has been in a drug treatment facility on a six-month stay as part of another brush with the law.
Discovery, for those of you uninitiated with the law, is essentially the period of time before a trial when attorneys from both sides trade their information, so there are no surprises when it comes to trial. Both sides agreed, before the Riverside County judge today, that they needed to see more of each other's evidence and depositions, statements from witnesses, and so forth, before they can continue on.
The plea, of course, entered, as you heard, was not guilty.
Robert Downey Jr. is continuing legal and other difficulties. That hearing is set for July 16.
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