Court of Appeals Refuses to Free Tyson

Mike Tyson’s request to be freed from prison on bail while he appeals his convictions for rape and criminal deviate conduct was denied Tuesday by the Indiana Court of Appeals.

A three-judge panel rejected the former heavyweight champion’s request in a two-sentence order. Tyson’s attorney, Alan M. Dershowitz, confirmed a state Supreme Court appeal was imminent.

“We’re in the extremely unfair position of having bail denied without any explanation, without any grounds,” he said. “I suspect the appellate court would have a very hard time coming up with opinions that are plausible. We think the Indiana Supreme Court should give guidance to the appellate court.”

Tyson went to prison Thursday after being sentenced to six years for convictions for rape and criminal deviate conduct. He was found guilty of raping Desiree Washington, a Miss Black America beauty pageant contestant, in his Indianapolis hotel room last July.

Marion County Prosecutor Jeffrey Modisett declined to call Tuesday’s ruling a victory for his office, but added that “the winner is justice. . . . The benefit we want to see is that it does tell rape victims to come forth.”

Modisett said he doubted the denial of bail would be reviewed by the Indiana Supreme Court. He said Tyson probably would serve between six months and a year before a decision is made on his appeal.

Modisett said Tyson was informed in prison of the denial.

In an interview, V. Sue Shields, acting chief judge of the appellate court, declined to disclose the jurists’ reasons for denying the request after conferring for about three hours since hearing arguments last Friday.

Shields said she was unsure what role the state’s highest court could play, because there are few precedents to guide the court procedure Tyson’s attorneys followed to try to free him.

“I don’t know because it is an odd proceeding,” Shields said. “I do know the Supreme Court has a lot of inherent power, but I don’t know there’s any particular precedent for this.”

Earlier Tuesday, prosecutors argued that Tyson’s refusal to eat and abide by rules in prison showed he might not obey any conditions that could have been attached to a court order allowing him to post bond and go free while his appeal is processed.

Shields predicted the appeal could be handled by the Court of Appeals in six months.

Department of Correction officials said Tuesday that Tyson still was refusing to eat solid food. He violated a prison rule by giving his autograph to other inmates, and he has declined to take part in an education assessment, officials said.

“Tyson’s willingness to obey any conditions for release are contradicted by his refusal to obey even the simplest rules of his incarceration, or to cooperate with correction officials in feeding or evaluating him,” Marion County Deputy Prosecutor David Dreyer wrote.

Dershowitz told a three-judge appeals panel during arguments last week and in papers filed Monday that Tyson would be willing to comply with court-established conditions in return for his release from prison.

Tyson met with a prison screening officer, who issued a written reprimand for refusing an order, correction spokesman Kevin Moore said. Tyson gave autographs to fellow inmates in violation of a prison rule barring exchange of valuable items among prisoners, Moore said.

“He was very cooperative,” Moore said. “He understands the rule, and he indicated there wouldn’t be a problem in the future.”

The spokesman said Tyson continues to decline solid food, but he does take fluids. The boxer says he wants to lose weight.

In another aspect of the case, the president of the nation’s largest black church denied he was involved in an alleged $1-million offer to entice Washington to drop her case against Tyson.

The Rev. T.J. Jemison of Baton Rouge, La., president of the eight-million-member National Baptist Convention U.S.A., said “no offer of any kind was ever alluded to” when he spoke with Washington and her father.

Jemison said he hasn’t been questioned by the FBI, which is investigating the allegations.

The minister has been criticized for asking Miss Washington during the trial why she was trying “to hurt” Tyson.

Jemison and his church have supported Tyson throughout the case.