<
>

Judge agrees police should've read Neagle his rights

GOLDEN, Colo. -- Police can't use Denny Neagle's statement to an officer who cited him on a charge of soliciting a prostitute because the pitcher wasn't read his rights.

Neagle was ticketed in the Denver suburb of Lakewood in December 2004 after a woman in his car told police he had paid her $40 for sex. The Colorado Rockies terminated his contract but later agreed to an undisclosed settlement.

One of the arresting officers, Michael Maestas, testified Tuesday that he had told Neagle it would help his case if he was honest. Neagle responded that he was dropping the woman off, but when Maestas said he did not believe him, Neagle then said he had acted foolishly and wanted a sex act, Maestas testified.

Jefferson County Judge Roy Olson agreed with Neagle's attorney, Harvey Steinberg, that the pitcher should have been read his rights before the officer questioned him in that way.

It was unclear how the ruling would affect the case. While a trial date has been set for Jan. 30, Steinberg said there was no plea agreement in the works.

"We don't know what we're going to do yet," he said. "We're just going to sit back, assess the situation, and see what [the prosecution] does."

Pam Russell, a spokeswoman for the district attorney, refused to comment on the case because it was pending.

If convicted, Neagle faces up to six months in jail and a $750 fine.

Neagle was owed about $19 million from his $51 million, five-year contract when the Rockies terminated the deal in December 2004, citing a provision in the uniform player contract that states the team can end a contract if the player shall "fail, refuse or neglect to conform his personal conduct to the standards of good citizenship and good sportsmanship."

The players' association filed a grievance, and the case was settled last May.

After being cut by the Rockies, Neagle agreed to a minor league contract with Tampa Bay, then was released. He has not pitched in a major league game since July 2003 because of injuries.

Neagle has a 124-92 career record with a 4.24 ERA in 13 seasons, going 19-23 with a 5.57 ERA for the Rockies.