Downey Arrest Casts Dark Cloud Over Ally

As Robert Downey Jr. braces for the fallout from his weekend arrest in Palm Springs on a new batch of drug charges, producers of Fox's Ally McBeal no doubt are scrambling to assess what effect, if any, the actor's latest legal skirmish will have on the resurgent dramedy.

Downey — who chose Ally as his comeback vehicle after being released from prison in early August on a separate drug charge — was freed on $15,000 bail Sunday after police detained him for cocaine and methamphetamine possession. He also was charged with being under the influence of a controlled substance and committing a felony while out on bail.

At the time of his arrest, Downey was on a break from shooting his ninth of 10 scheduled episodes playing Ally's (Calista Flockhart) love interest, legal-eagle Larry (his fourth episode aired last night). However, buoyed by glowing critical reviews and an upkick in the ratings, producers were prepared to pull out all the stops to get him to stick around.

"They had definitely been trying to work out a big-bucks deal to keep him for as long as they could," a source close to the show tells TV Guide Online. "I assume David E. Kelley wrote him out in the 10th episode, leaving the door open for future appearances — and, I would think, regular recurring appearances as long as they had access to him. But all bets are off now."

Indeed, with more jail time likely in his future (he's scheduled to be arraigned Dec. 27), it remains unclear whether Downey will be able to fulfill his current commitment — never mind staying on longer. According to Fox rep Jonathan Hogan, Downey is scheduled to return to the set "later this week, but it's to be determined how that will work now. It's certainly possible that he could show up. I don't know what the next step is for him." Downey's personal publicist wasn't commenting at press time.

Should Downey fail to return to work at Ally, Hogan admits "it's possible" Kelley would be forced to write around the actor's absence. Regardless, it appears increasingly clear that lovelorn Ally will be dealt another romantic setback. As it is, Famke Janssen (X-Men) has been cast as Downey's ex for at least two episodes (the first airs on Dec. 11). Might a third party ultimately come between Ally and Larry?

Whatever the sad scenario, it probably won't be nearly as tragic as the one currently playing out behind the scenes. With Ally firmly back on track after last season's creative woes, morale at the show reportedly was better than ever. And no one was happier than Pam Wisne, president of Kelley's production company and the exec responsible for brokering the Downey deal.

"She was the hands-on person who worked for years on his agents to get him on Ally, and who was in the right place at the right time just as he got paroled," adds the source. "She had a personal investment in his casting."

The cast was equally excited to have the 35-year-old Oscar nominee in their midst. Flockhart sung Downey's praises in numerous interviews, most recently during an appearance on The Rosie O'Donnell Show. And eccentric co-star (and occasional Live with Regis guest co-host) Jane Krakowski regularly talked up the Chaplin star.

Perhaps the biggest tears are being shed at the production offices of the upcoming Joe Roth-directed film America's Sweethearts, in which Downey was scheduled to begin work on in January. With producers aiming to have the project completed before the impending actors' and writers' strike in June, Downey's arrest couldn't have come at a worse time. Also, the actor had signed on to play the title role in the L.A. stage production of Hamlet, to be directed by Mel Gibson. The play was to open sometime next year.

As for Ally McBeal, TV Guide critic Matt Roush remains hopeful that the show will continue to thrive with or without Downey. "There's no denying that Robert played a big part in the show's turnaround, but it's not the only thing about Ally that has improved this year," he says. "This setback, while terrible for him, shouldn't knock the show on its ass."