Downey Trial Delayed
A judge Monday granted lawyers for Robert Downey Jr. a delay of three weeks in his trial for drug possession so that the defense can test the evidence found in his possession and see if it is cocaine.
During a brief court session, Superior Court Judge B.J. Bjork agreed to a defense request to postpone proceedings Feb. 21 to allow more time for discovery, the process of gathering and examining evidence before a trial.
Bjork told lawyers he hoped that they could reach a plea agreement before then. Outside the court, the actor's lawyers said they were trying to reach a plea bargain.
If found guilty, Downey faces a maximum term of four years and eight months in state prison. He has already served about a year in jail for a previous drug offense.
Deputy District Attorney Tamara L. Capone said that negotiations for a plea bargain were continuing and that there were a range of options.
"He is eligible for probation. He is eligible for state prison," the prosecutor said. "We're just trying to figure out what's best for Mr. Downey."
Capone would not comment on the evidence against Downey.
Defense attorney Daniel Brookman told reporters he was concerned about aspects of the case including the 911 call and the way the arrest was handled.
"I think the nature of the arrest itself has not been a typical circumstance," he said.
The Oscar-nominated performer and guest star on the popular Fox television series Ally McBeal was arrested Nov. 25 in the California desert resort of Palm Springs just three months after his release from prison.
Downey, 35, who is free on $15,000 bail, has pleaded not guilty to felony possession of both cocaine and the prescription drug Valium and a misdemeanor count of being under the influence of a controlled substance.
Last week, Downey's estranged wife filed for divorce from the troubled actor, five years after they separated, and sought custody of their seven-year-old son.
He also won a Golden Globe Award eight days ago for best supporting actor in a television series for Ally McBeal, where he has played the love interest of series star Calista Flockhart's title character.
Despite the uncertainty of Downey's future, he is in negotiations with David E. Kelley Productions on a possible return to the show, a spokeswoman for the TV studio said.
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