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Tuesday, November 7 Attorney still seeking treatment for Straw Associated Press |
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TAMPA, Fla. -- Rather than expose Darryl Strawberry's medical and mental health secrets, his attorney said Tuesday he is dropping a legal strategy that argued the baseball star should be treated leniently for his drug crimes because he suffers from a myriad of other problems.
Joseph Ficarrotta said he will continue arguing that Strawberry should be returned to a Tampa drug treatment center instead of being kept behind bars, but will do so without the bringing the records to court to back his argument up. Some of Strawberry's doctors may be called to testify Thursday when the case resumes. Strawberry, 39, is battling a drug addiction and colon cancer. He is being held in the Hillsborough County Jail on charges that he violated his house arrest in October by leaving a residential drug treatment center with a friend to use crack cocaine and the prescription drug Xanax. Tuesday's developments come just four days after Strawberry appeared before Circuit Court Judge Florence Foster and told her he was using drugs and had stopped chemotherapy because he wanted to die. Prosecutors said it's the third time Strawberry has violated his probation from a 1999 arrest for drug and prostitution solicitation. The State Attorney's Office is asking that the eight-time All-Star be sent to prison. "It's the state attorney's position that he is a threat to society," said prosecutor Steven Wetter. Initially, Ficarrotta had indicated he would ask the judge to consider that Strawberry has a "dual diagnosis," a legal term that could net Strawberry a lighter sentence. Under Florida drug laws, a dual diagnosis means a defendant suffers from both a mental illness and a drug addiction. The designation -- which comes after doctors complete formal evaluations -- lets judges opt out of mandatory prison sentences and instead send defendants to treatment. In Strawberry's case, Florida's sentencing guidelines wouldn't require Foster to send him to prison, but she could. She also has the option of sentencing him to more time in the county jail or returning him to the treatment center. Strawberry had lived at the center since Foster sentenced him to house arrest in early September. Ficarrotta said Strawberry would agree to wearing an electronic monitor if he could be sent back to the center. "The bottom line is this guy is a drug addict and he needs treatment," Ficarrotta said. |
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