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Judge May Delay Police Trial, Cites Leaking of Files to Press : King beating: Jurist says release of too much information may make it impossible to find an unbiased jury. He sees a possible attempt to sabotage the case.

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TIMES STAFF WRITER

The judge in the Rodney G. King beating case said Monday he may be forced to delay the trial of four Los Angeles police officers, in part because of what may be an attempt to sabotage the case.

Los Angeles Superior Court Judge Bernard Kamins has been adamant that the trial would begin May 13. But, saying that there are “some issues that bother me,” Kamins said he will decide whether to grant a continuance after hearing arguments on a host of defense motions next week.

Kamins said prosecutors have yet to turn over all evidence required to be given to the defense, and he said he is troubled by leaks to The Times of Police Department internal affairs documents.

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“If someone is leaking confidential information to the press, they are sabotaging the case,” Kamins said. He said it could be a subtle effort to delay the trial or to saturate the public with information about the March 3 incident so that an unbiased jury cannot be found.

The beating, which was videotaped by a nearby resident, resulted in indictments last month against Sgt. Stacey C. Koon, who was the supervisor at the scene, and Foothill Division Officers Laurence M. Powell, Timothy Wind and Theodore Briseno.

Until now, Kamins has refused to grant a continuance, emphasizing the need for a speedy trial.

Still assuming that the trial will begin as scheduled, he appointed a “standby” lawyer to represent Powell. Michael Stone, Powell’s current attorney, is tied up in the “39th and Dalton” police vandalism trial, which is expected to last through June.

Powell objected to the substitution, saying softly that he feels he has a constitutional right to choose his own counsel, and that he wants Stone, who was assigned by the Police Protective League, because of his experience with police cases.

The judge chose one of his former law teachers, Herb Barish, a little-known criminal defense attorney. The judge said he wanted to appoint an attorney he considered “excellent” in the event Stone cannot represent Powell.

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Later Monday, Deputy Dist. Attys. Terry White and Alan Yochelson filed their responses to five defense motions and two new motions of their own.

They ridiculed some defense requests, such as a motion to dismiss charges because of a lack of evidence. Inviting the judge to screen a videotape of the beating made by a Lake View Terrace resident before deciding the matter, Yochelson wrote:

“The court will observe defendants Powell and Wind sadistically pummeling a defenseless Rodney King with police batons. While defendants Powell and Wind beat the victim, defendant Briseno makes what appears to be an attempt to stop Powell.

“He then watches the assault, and finally, joins in with a savage kick to the area of the victim’s head.

“During all these events, the videotape depicts defendant Koon directing the activities of the others while simultaneously aiding them by shooting the victim with a Taser weapon.”

Responding to another motion, prosecutors denied presenting incomplete or biased evidence to the grand jury.

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Defense attorneys had argued that the grand jurors never heard statements from other officers that King appeared uncooperative or under the influence of drugs or alcohol when he was stopped for speeding in the north San Fernando Valley.

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