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Marinovich Charged With Misdemeanors : Drugs: Quarterback allegedly was carrying less than half a gram of cocaine. Possession charges could be dropped if he enters diversion program.

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TIMES STAFF WRITER

Todd Marinovich was charged with misdemeanor offenses of possession of cocaine and marijuana, Orange County deputy district attorney Mike Koski said Thursday.

Koski said the cocaine charge was filed as a misdemeanor because Marinovich, USC’s starting quarterback for much of the past two seasons, was carrying less than half a gram of the drug when he was arrested early Sunday morning in Newport Beach.

“The crime lab determined there were 445 milligrams of a substance containing cocaine,” Koski told reporters.

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The maximum penalty for a misdemeanor count of possession of cocaine is six months in jail, a $1,000 fine or both. The maximum penalty for possession of less than an ounce of marijuana is a $100 fine. Such a small amount of marijuana normally results in a citation if no other drugs are found.

“He would be eligible for a drug diversion program, which would result in the charges being dismissed,” Koski said. “That’s up to him, whether he’d want to take advantage of that. He would have been eligible for a drug diversion program even if a felony charge had been filed.”

What Marinovich will do is not clear. Henry Fertig, Todd’s grandfather, said this week that the family was considering a diversion program after police suggested it Sunday. But Fertig’s wife, Virginia, said the decision had not been made.

Marinovich’s mother, Trudi, lives with the Fertigs, her parents. She could not be reached Thursday.

When asked if he was relieved that the charge was a misdemeanor instead of a felony, Henry Fertig replied, “How do I look?”

Fertig refused to elaborate or discuss the family’s plans. “On the advice of my lawyer, I’m not going to say any more,” he said.

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Marinovich, 21, is scheduled to be arraigned Feb. 11 in Harbor Municipal Court in Newport Beach.

Larry Smith, USC football coach, said Thursday he would not discuss Marinovich’s situation. On Jan. 11, Smith suspended the sophomore quarterback indefinitely for missing a mandatory team meeting and failing to register for spring classes.

Marinovich was arrested for investigation of cocaine possession while walking down the center of a residential street near the Fertig’s home in Newport Beach.

According to the police report, Marinovich was with three others, later identified as USC athletes: redshirt freshmen center Craig Gibson, 20, defensive tackle Adam Swaney, 20, and Marc Fertig, 21, a former junior varsity baseball player and Marinovich’s cousin.

Swaney, from Roseville, Calif., was cited for possession of marijuana but was not arrested. Gibson and Fertig were not arrested nor cited. Swaney was indefinitely suspended from USC’s team Tuesday.

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