Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, July 17, 1990 TAG: 9007170083
SECTION: SPORTS PAGE: B4 EDITION: METRO
SOURCE: Associated Press
DATELINE: CLEVELAND LENGTH: Medium
Mackey pleaded innocent earlier Monday to misdemeanor charges of driving under the influence and consuming alcohol in a motor vehicle. Police arrested him Friday night when they allegedly saw him leave a suspected drug house with a woman, enter his car and drive erratically.
Police Lt. Martin Flask said Monday, several hours after the arraignment, that a urine sample Mackey voluntarily provided during the booking process revealed that Mackey was legally intoxicated by alcohol. Traces of cocaine showed up in a drug screening, he said.
The Cleveland Police Department's scientific investigative unit was "unable to determine the frequency or intensity of use" of cocaine, Flask said.
"This additional issue, being presence of cocaine, will ultimately be presented to a prosecutor for review," he said.
The sample contained .20 of a gram of alcohol by weight per 100 milliliters of urine, Flask said. A person with .14 of a gram of alcohol per 100 milliliters of urine is considered legally intoxicated, he said.
Cleveland State spokesman Ed Mayer said university lawyers were determining what steps to take in light of the police findings.
"We hope to have a resolution in the next couple of days," Mayer said. "It doesn't look good for Kevin right now, but we haven't taken any legal action at this time."
Mackey's lawyer, David Roth, said he plans to meet with university officials today to seek a medical leave of absence for the coach.
"I hope they realize everyone is entitled to a mistake," Roth said.
"We will seek an extended medical leave," Roth said. "I want them to understand that when you have an illness, that bad things can happen to you. A leave for Kevin will enable him to return to good health. He is willing to take a drug test every day for the rest of his life if need be. I don't know what more he could do to confront this head-on."
University president John A. Flower suspended Mackey indefinitely after the arrest.
Mackey, 43, appeared Monday with his wife, Kathleen, and Roth before Cleveland Municipal Judge Carl B. Stokes.
Mackey had no comment during the arraignment or when approached by reporters.
Roth said before the arraignment that Mackey has had trouble explaining what happened.
"He knows where he was, now. It's been as confusing and frustrating to him as it has been for the rest of the community," Roth said.
Roth left open the possibility that he might present the defense that Mackey had been framed.
"The facts are very sketchy at this point," he said. "I do know that the way it went down wasn't just because somebody stumbled over it. It was because someone called the police on him."
One of Mackey's players, William Stanley, a guard who averaged 14.3 points a game as a senior last season for the Vikings, lives on the same street where Mackey allegedly entered a house and emerged intoxicated.
Stanley said he has no knowledge of a drug house being there.
Mackey and Alma Massey, 36, were stopped Friday about 8:30 p.m. a half-block from the house, Lt. Michael Thome of the city police narcotics unit said.
Massey pleaded innocent Monday in Municipal Court to child endangering and speeding charges filed previously. Police said they found suspected heroin and drug paraphernalia, including a syringe and spoon, in her purse after her arrest.
by CNB