LAWYER SAYS MIDLAND POLICE BROKE WINDOW TO ENTER APARTMENT

AUSTIN- Midland police broke a window to open a door and enter an
apartment without a warrant before arresting Texas running back
Cedric Benson and a female acquaintance on misdemeanor drug and
alcohol charges, their attorneys said Wednesday.

Midland police said they arrested the Big 12 freshman of the year and
the woman about 2 a.m. Saturday after responding to a call about loud
music. They said they met with some resistance but eventually were
allowed inside.

Police have refused to release the arrest report.

Meanwhile, Houston television station KRIV reported that Benson
passed a drug screening.

"He tested negative for any drugs in his system on Tuesday," Benson
attorney Brian Carney of Midland said in an interview Wednesday night
with The Associated Press. Carney noted that traces of marijuana can
remain in the system for seven days or longer. "Had he been using
marijuana before or at the time of his arrest, it would have shown up
in the drug test he was given."

Carney said Benson requested the drug test, which was administered in
Austin in a state-licensed toxicology, NCAA approved lab used by the
university.

He was not tested by police at the time of the arrest because there
was no indication he was under the influence.

Benson, 19, and 20-year-old Melanie Robinson have pleaded innocent
and their lawyers said they likely will challenge the police search
and seizure as unfounded.

Carney said any resistance officers met was the locked door, which
Benson did not open because the apartment was not his.

"It's not his place to let them in. The police broke a window and
entered and started searching," Carney said, adding he didn't know
where the window was in relation to the door. He said prosecutors
told him about the broken window.

"I don't know if they crawled in or just reached in to open it," he said.

Midland County Assistant District Attorney Bob Stevens refused
comment on any details of the arrest. He said he will interview the
arresting officers later this week.

A woman who identified herself as the apartment manager would not
confirm or deny that a window had been broken.

Robinson, who leases the apartment, also did not invite officers
inside, said her attorney, Ian Cantacuzene of Midland.

Cantacuzene said police may have asked an apartment maintenance
worker to break the glass to gain entry.

He said the window has been replaced but that Robinson has taken
pictures of the broken glass. He also was unsure of the window's
location in the apartment.

The lawyers also say there was no stereo in the apartment, so loud
music could not have been playing. The lawyers said marijuana and
drug paraphernalia were found in a closet and a purse, but not on
either defendant.

Police spokeswoman Tina Jauz said officers had no search warrant but
refused further comment.

"Those are the kinds of details that will be in the report," she said.

Jauz said the arrest report will be withheld for at least 10 days as
allowed under state law while officials decide if it contains
information that should not be released. She said that is standard
department policy on any request for arrest reports.

Several news organizations, including The Associated Press, have
filed formal requests seeking copies of the report under state public
information laws.

Although arrest reports are typically made public, Texas Attorney
General's office spokesman Mike Viesca said the decision to release
it early is up to the local agency.

If police want to withhold the report beyond 10 days, they must ask
for an opinion from the attorney general, explaining their reasoning.
The AG's office would have 45 days to rule on the request.

However, Attorney General John Cornyn said in a February 2000 opinion
that public information not excepted from required disclosure under
the Public Information Act must be released promptly.

The law "does not entitle a governmental body automatically to
withhold for 10 business days public information not excepted from
disclosure," Cornyn's opinion said.

Both Benson and Robinson were charged with possession of marijuana
under 2 ounces and drug paraphernalia and being a minor in possession
of alcohol.

The marijuana possession charge _ a Class B misdemeanor _ carries up
to a $2,000 fine and six months in jail if convicted. The
paraphernalia and minor in possession of alcohol charges are Class C
misdemeanor offenses and carry up to a $500 fine each.

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

Benson's baseball adviser, Brian Peters, told KRIV that Benson took
the drug test to protect his image.

"The bottom line is he didn't want the perception that he was
involved with drugs out there," Peters said.