Coon Diana Ross Has Served Her Time, Court Told

Rick Dean

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http://www.azcentral.com/news/articles/040...aross01-ON.html

Diana Ross has served her time, court told


Associated Press
Apr. 1, 2004 12:33 PM


TUCSON - Prosecutors and defense lawyers agreed in court Thursday that pop diva Diana Ross should be credited with having served her full sentence in her DUI case.

It's now up to a city magistrate to decide whether the singer must return to jail.

Ross, who pleaded no contest in February to a drunken driving charge in Tucson, arranged to serve her 48-hour jail sentence in Greenwich, Conn., where she lives.

Bu
based on an account from Greenwich police, Tucson City Court Magistrate T. Jay Cranshaw found that Ross failed to serve 24 consecutive hours as required by Arizona law. She spent 22â┚¬Ã…¡ÃƒÆ’”�šÃ”š½ hours at the jail betw


een
Feb. 9 and 10 before being released because there was no
female guard on duty for the remaining 1â┚¬Ã…¡ÃƒÆ’”�šÃ”š½ hours.

In all, Ross served 47 hours in the custody of Greenwich police over a three-day span, Cranshaw found. He filed a written order for Ross to return to Tucson to serve 48 consecutive hours in the Pima County Jail.

Ross has also paid a fine of $852 and is undergoing alcohol treatment.

The singer's attorneys asked Cranshaw to reconsider. They were supported by a prosecutor during a brief hearing Thursday.

Both sides cited the same case in which the Arizona Supreme Court found that a prisoner who was released erroneously should be credited for the time at liberty.

"We're in agreement in a situation like this that if there were mistakes made, it was
on the part of the jail," said Ronald Beran, a deputy city attorney. "She came when she was told; she left when she was told."

One of Ross' attorneys, James Nesci, said
the
defe
nse was pl
eased with the state's response, which "changed the complexion of today's events."

Nesc
i said Ross received no special treatment.

"She was in a jail cell with bars on the door, steel toilet and steel sink and a cot, just like everybody else has," he said.

Beran agreed. "I don't think she was given special treatment as to Greenwich," he said. "Our only concern was the 24 hours."

Cranshaw said he would rule by Friday.
 
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