DATE: Thursday, July 31, 1997               TAG: 9707310577

SECTION: SPORTS                  PAGE: C1   EDITION: FINAL 

SOURCE: BY HARRY MINIUM, STAFF WRITER 

DATELINE: VIRGINIA BEACH                    LENGTH:   59 lines

SMITH DESERVES ``A BREAK'' ON CHARGES, HIS ATTORNEY SAYS

Bruce Smith, one of the NFL's top defensive players over the last decade, has hired one of the area's best-known lawyers to defend him against charges of driving under the influence and refusing to take a blood alcohol test.

Smith, a nine-time All-Pro for the Buffalo Bills who was born in Norfolk and lives in Virginia Beach, has retained Norfolk attorney Peter Decker to represent him at his Sept. 2 court date. Smith was arrested around 6:30 a.m. Sunday at a Virginia Beach intersection after being found asleep at the wheel, according to police.

Decker, who met with Smith on Wednesday, refused to discuss Smith's case.

``I'll leave that to a different time in a different forum,'' Decker said. ``But if anyone ever deserved a break in life, it's this guy. . . . He's done so much for this community.''

Smith annually hosts a golf tournament and celebrity auction in Virginia Beach that has raised more than $300,000 for local children's charities.

Decker, also well known for charity work, helped recruit Smith to his favorite charity years ago - the St. Jude's Childrens Research Hospital in Memphis, Tenn.

Smith declined to comment on his case when reached by telephone Wednesday at his home.

Smith apparently had a busy Saturday before the Sunday morning incident. Friends of Smith, who asked not to be identified, say he spent several hours Saturday morning posing for a Sports Illustrated photographer at his home, then was interviewed by a reporter from the magazine. That afternoon he played at Hell's Point Golf Course. His evening itinerary was not known.

Friends describe Smith as distraught over the publicity resulting from the arrest, especially given the timing - Smith is a holdout from the Bills' training camp.

Smith has one year left on his contract and has been offered a $22 million, five-year extension that the Bills have termed their final offer. So far, Smith has been fined more than $100,000 for refusing to report to camp.

Smith has been portrayed sympathetically by the Buffalo media over the holdout. Though he has twice been named the NFL's top defensive player, Smith's salary is 18th among the league's defensive players. Two years ago Smith allowed the team to cut his salary by $1.65 million so that it could sign free agents without going over the NFL salary cap.

Smith told Shout magazine last week that he feels hurt that the Bills aren't keeping their promise repay that money.

``I gave them $1.65 million back,'' he told the magazine. ``I took money out of my own pocket just to help them out. I guess they're trying to stick it to me and not allow me to recuperate that money.

``When you do a favor for someone, you think that they'll remember it, that at some point down the line they'll make things right.''

The $22 million offer includes a $5 million signing bonus but calls for $11 million to be paid over the final two years. Smith, 34, might not have that many years left in the NFL and thus might not see that money.

Sources say Bills owner Ralph Wilson called Smith earlier this week to try to break the impasse. ILLUSTRATION: [Color Photo]

NFL star Bruce Smith faces a Sept. 2 court date on a DUI charge.

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