Pubdate: Tue,  7 May 2002
Source: Denver Rocky Mountain News (CO)
Copyright: 2002, Denver Publishing Co.
Contact:  http://www.rockymountainnews.com/
Details: http://www.mapinc.org/media/371
Author: Jim Vertuno, AP Sports Writer
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

MARIJUANA POSSESSION CHARGE AGAINST BENSON DISMISSED

AUSTIN- Midland County prosecutors on Tuesday dismissed a marijuana 
possession charge against Texas running back Cedric Benson for lack of 
evidence.

The Big 12 freshman of the year and a female acquaintance were arrested 
April 27 at a Midland apartment after police responded to a call about loud 
music.

Police found a small amount of pot, drug paraphernalia and alcohol in the 
apartment.

"We couldn't link Cedric to it (the marijuana)," said Midland County 
Assistant District Attorney Bob Stevens. "There has been no indication he 
was aware of it and possessed it. We have to have evidence and it's just 
simply not there."

Benson, 19, and Melanie Robinson, 20, were charged with possession of 
marijuana under 2 ounces, a Class B misdemeanor, possession of drug 
paraphernalia and being a minor in possession of alcohol, both Class C 
misdemeanors.

The possession charge carried up to six months in jail and $2,000 in fines 
if convicted.

The drug paraphernalia and alcohol possession charges against Benson were 
filed in municipal court and their status was not immediately known. Those 
charges carry up to a $500 fine each.

Benson pleaded innocent to all the charges.

Benson's lawyers have said the marijuana and drug paraphernalia were found 
in a closet and a purse. Stevens confirmed that no marijuana was found on 
Benson, who pleaded innocent to all the charges.

"None of that was Cedric's," said Benson's Midland attorney, Brian Carney. 
"He didn't possess anything. It's simply a case of wrong place, wrong time."

Stevens said the possession charge against Robinson, who leased the 
apartment, had not been dismissed.

Attorneys for Benson and Robinson had raised questions about the police 
search of the apartment, claiming they broke a window to gain entry when 
they were not invited inside.

Stevens said the decision to drop the charge against Benson did not address 
the search.

"Even if the search was good, we still couldn't link Cedric Benson to the 
marijuana," Stevens said.

Carney said he would ask the municipal court to drop the drug paraphernalia 
and alcohol charges as well. Midland City Attorney Keith Stretcher could 
not immediately be reached for comment.

"The same issues still apply," Carney said. "His contention it wasn't his 
holds up and I think the decision by the DA's office endorses that as well."

University of Texas officials declined immediate comment.

Benson set a UT freshman record with 1,053 yards on 223 carries last season 
and scored 12 touchdowns.

He is scheduled to play minor league baseball this summer for the Los 
Angeles Dodgers.

Benson has been worried about his reputation after the arrest, Carney said.

"It's a traumatizing event for him," Carney said. "He's got a summer to 
play baseball, a fall football season to prepare for. He's got other things 
to keep his attention to get on track with."
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MAP posted-by: Terry Liittschwager