Lawyer Says Moses to Plead Not Guilty

Two-time Olympic gold medalist Edwin Moses will plead not guilty to misdemeanor charges of soliciting a prostitute and possession of marijuana, his attorney said Monday.

Claiming that Moses had no intention of engaging in a sexual act with a prostitute, attorney Harold Lipton of West Los Angeles said his client was a victim of entrapment by police.

Lipton also said the small amount of marijuana found in Moses’ automobile did not belong to the athlete and that he was unaware it was in his glove compartment.

“Edwin said to me he does not smoke marijuana,� Lipton said. “He said he does not use any drugs whatsoever.�

Lipton further charged that the arresting officers, who were involved in a task force to deter prostitution in the Hollywood area, targeted Moses’ car, a 1985 Mercedes, because of its OLYMPYN license plates.

“My feeling is that someone checked the license plates, found out that Edwin owned the car and thought he would be a good catch,� Lipton said. “So Edwin was picked up.�

A spokesperson for the Hollywood division of the Los Angeles Police Department, Officer Margie Mastro, said she could not comment on the circumstances surrounding Moses’ arrest and would not respond to Lipton’s charge.

Moses, 29, was one of 82 men arrested during a Sunset Boulevard vice squad sweep last weekend. Following an encounter at 3:15 a.m. Sunday with a woman undercover police officer, who was posing as a prostitute at Sunset Boulevard and Genesee Avenue, Moses was arrested. He was released on his own recognizance.

For the purpose of entering his plea, Moses will be arraigned Jan. 29.

The misdemeanor count of soliciting an act of prostitution carries a possible six-month jail sentence and a $1,000 fine.

Moses has no prior offenses. Alan Dahle, a deputy city attorney, said the usual sentence for first-time offenders is probation and a fine.

Dahle also said the part of the charge dealing with marijuana possession might be dropped because such a small amount of the drug was involved.

Moses, who lives with his wife, Myrella, in Laguna Hills, had been staying in Los Angeles since last Thursday at the Airport Marriott, where the United States Olympic Committee’s Athletes Advisory Council met last weekend. He is one of approximately 60 athletes on the council.

According to his contract negotiator and close friend, Malibu businessman Gordon Baskin, Moses said he was returning alone to the Marriott early Sunday morning from a Hollywood disco, where he had spent a few hours with other members of the athletes committee.

“As he approached the corner of Sunset and Genesee, Edwin said he noticed a woman on the other side of the street waving to him,� Baskin said. “When he reached the stop sign, she walked across the street and came up to the window on the passenger side of his car.

“Edwin rolled down the window, and she said something to the effect of, ‘What are you looking for.’

“Edwin said he told her: ‘I’m out to have some fun.’

“She said: ‘Do you have any money?’

“Edwin said: ‘Yeah, I have $100.’

“Then, Edwin said she told him: ‘Meet me around the corner,’ and motioned for him to follow her.’

‘Aside from the fact that Edwin never intended to do anything with the woman, it was definitely a case of entrapment.’

--HAROLD LIPTON, Moses’ attorney

“During this whole time, Edwin said he had been jesting with the woman. When she walked away from his car, he rolled up the window and turned left onto Sunset, which was the opposite direction from the spot where she had told him to meet her.�

Baskin said Moses drove a block and a half west on Sunset before he was pulled over and arrested by two police officers.

“Aside from the fact that Edwin never intended to do anything with the woman, it was definitely a case of entrapment,� Lipton said.

When Baskin’s account was repeated to Mastro, the police spokesperson, she said, “There are certain criteria that have to be met before someone can be charged with soliciting an act of prostitution. He (Moses) was arrested. So it was obvious the officer felt he (Moses) had met the criteria.

“When money has been offered for a sexual act, the criteria has been met. The person may say, ‘Never mind,’ and drive off. But if he has already offered money, the law has been broken. The solicitation has been made.�

Lipton said the law has not been broken if there is no intent to follow through with the act. He also said Moses’ contention that the woman mentioned money first constituted a case of entrapment.

“Aside from the fact that Edwin never intended to do anything with the woman, it was definitely a case of entrapment,� Lipton said.

As for the marijuana, Baskin said police discovered it only after Moses asked one of the officers to return to his car to retrieve his wallet.

“When the officer came back to the police car, he had a small film container he had found in the glove compartment,� Baskin said. “There was a small amount of marijuana at the bottom of the container. Edwin said he had never seen the container and didn’t know how it got into his car. Do you think he would have asked one of the policemen to go back to the car if he had known there was marijuana in the glove compartment?�

Moses was unavailable for comment Monday, but Baskin said the athlete will appear with his wife at a press conference today.

“When he’s done, you’re going to find that Edwin Moses isn’t guilty of a thing other than poor judgment,� Baskin said. “He feels very badly because he knows this has hurt his family, his friends and his fans. He’s not going to make excuses. That’s not his way. But he’s not guilty of any of the charges and will substantiate that at his press conference.

“Personally, I wish the police had shown a little wisdom. If they only knew what he’s done and what he represents, they would have said, ‘We don’t need you as an example.’ This way, it’s so destructive.�

With a winning streak of 109 races, Moses is considered the greatest intermediate hurdler in the history of track and field. He has been a member of three U.S. Olympic teams, winning gold medals in 1976 and 1984. He was the favorite in 1980 before the U.S. boycott. His world record time is 47.02.

He won the Sullivan Award as the nation’s outstanding amateur athlete in 1983 and was honored as Sports Illustrated’s Sportsman of the Year for 1984.

In December, Moses became the first athlete ever to be elected as a delegate to the International Amateur Athletic Federation Congress. The IAAF is the governing body for track and field. He is one of seven athletes to serve as an adviser to the International Olympic Committee.

“Very simply, we know him as a man of great integrity and character,� said Mike Moran of the United States Olympic Committee, which selected Moses to recite the Athletes Oath during the Opening Ceremony of the 1984 Los Angeles Games. “More than any other athlete, he has gone out of his way to help us in terms of support and what he has done for amateur sports.�

As news of Moses’ arrest spread Monday, other track and field athletes expressed shock and came to his defense.

“He’s Mr. Squeaky Clean,� high jumper Dwight Stones said. “The only thing you can accuse him of is being too clean. He’s a Steve Garvey type. We always asked, ‘Is this guy for real?’ �

Steeplechaser Henry Marsh said: “Ed’s just a fantastic person. I can’t say enough good things. He’s constantly gone beyond the call of duty in helping youth to put back into sport what was given to him. He’s an example for other athletes to follow.�

Marsh said he was one of the athletes who was with Moses at the disco early Sunday morning.

“Ed seemed a little down, but nothing unusual,� Marsh said.

Baskin confirmed a United Press International report that Moses had a fight with his wife Thursday night at their Laguna Hills home before he checked into the Airport Marriott.

Baskin said Moses called Myrella after being arrested Sunday morning and that she has been at his side since.

“They are both broken up over this,� Baskin said.

Through endorsements and appearance fees, Moses has become one of track and field’s highest-paid athletes. He earned more than $450,000 in 1983 and could eventually realize twice that from his 1984 earnings.

But his $1-million contract with an athletic shoes and equipment company, adidas, might be jeopardized because of the charges against him.

“It’s an unfortunate situation,� said Larry DeFreitas, adidas’ director for track and field promotion in the United States. “I know how honorable Edwin is. The man would hardly drink a beer.

“We do have a paragraph in our contract. A person must act in the best interests of our company and himself. We’d have to review the situation in full before taking a stance on this. We certainly won’t make a judgment until we know all the facts.�

Baskin said he fears Moses’ current negotiations with other companies might also be affected, although a Mobil Oil representative called Monday to say the company still wants the hurdler as the television analyst for the TAC Indoor Championships at Madison Square Garden in February.