Tyson’s attorney claims prosecutor violated deal

Nancy Zuckerbrod

Tuesday, Feb. 2, 1999 | 10:19 a.m.

WASHINGTON -- Boxer Mike Tyson's attorney and Montgomery County's new top prosecutor sparred Monday, arguing about a plea agreement reached by the two sides in November.

Tyson's attorney, Paul Kemp, said Montgomery County State's Attorney Douglas Gansler violated the deal, but Gansler denied the charge.

Under the deal, the former heavyweight boxing champion agreed to plead no contest to two assault charges stemming from an August traffic accident in the Washington suburb of Gaithersburg, Md. Under a no contest plea, the defendant neither protests the charges nor admits guilt.

In return, prosecutors waived the right to recommend the manner or length of "executed incarceration" that Tyson should serve.

In separate interviews, Kemp and Gansler agreed that executed incarceration can mean home detention and time served in a facility other than jail. But Kemp argues that Gansler has specified how he thinks Tyson should be punished.

"He's asked for jail time," Kemp said.

Gansler has said publicly, including in conversations with reporters, that Tyson should get jail time for allegedly punching and kicking two men involved in a minor traffic accident with Tyson's wife, Monica. But on Monday he denied using the phrase "jail time" in court or in a memorandum to District Court Judge Stephen Johnson.

"He's 100 percent, categorically wrong. We've honored the agreement," Gansler said.

"While we are requesting jail time, the word 'jail' is taboo," said Gansler. "The word jail does not appear in our memorandum."

Gansler has been on the job since Jan. 4. The agreement with Tyson was negotiated by his predecessor, Robert Dean.

"It's not an agreement that I would have reached," Gansler said, adding that it hamstrings prosecutors. "You can ask for incarceration but you can't ask for jail. That's a problem."

Tyson's sentencing hearing is set for Feb. 5 in Montgomery County District Court. He could receive up to 20 years imprisonment.

Tyson also is on probation in Indiana for a 1992 rape conviction. Authorities there say they will wait for the conclusion of this case to decide whether he has violated that probation, scheduled to end in March.