4 Defendants in King Case Plead Not Guilty to Federal Charges

Three Los Angeles police officers and a former officer pleaded not guilty Monday to charges that they violated Rodney G. King’s civil rights, and a federal magistrate ordered them to stand trial on those charges this fall.

The defendants--Sgt. Stacey C. Koon, former Officer Timothy E. Wind and officers Laurence M. Powell and Theodore J. Briseno--appeared during a brief morning arraignment in Los Angeles federal court and calmly answered “not guilty” when asked to enter a plea.

Outside of court, two of the defendants said they still are reeling from the federal indictments, which were returned last week, and are trying to sort out the issues facing them. Powell said he hopes the federal trial can begin as soon as possible.

“I’d like to get this over with as soon as I can,” he said. “I can’t get on with my life until this case is over.”

Briseno, who testified during the state trial that he tried to stop the beating because his colleagues were “out of control,” said he too wants the federal trial to begin as soon as possible.

U.S. Magistrate Robert M. Stone ordered the four defendants to stand trial Sept. 29. That trial, however, is likely to be postponed in part because two of the officers will be represented by new attorneys who will need time to study the case.

Briseno’s attorney, Harland Braun, who did not represent him in the state case, said he doubts that the federal trial can begin on Sept. 29.

Another delay could result from the selection of a judge. U.S. District Judge John G. Davies was picked at random to hear the case, but Davies already is handling King’s civil suit against the city of Los Angeles. He may elect to transfer the criminal trial to another judge.

Davies would not be required to excuse himself, court observers said, but might do so because issues in the civil and criminal trials significantly overlap.

Some observers predict that the case will not be heard until late this year or early in 1993. If convicted, each defendant faces up to 10 years in prison and a $250,000 fine.

The two-count federal indictment charges that Wind, Powell and Briseno “did willfully strike with batons, kick and stomp” King during a March 3, 1991, traffic stop. Koon, according to the indictment, allowed the beating to take place and did not act to stop it.

All four defendants are charged with violating King’s civil rights, including his rights to be secure in his person, free from unreasonable force and free from harm while in official custody.

Both sides said they expect a number of pretrial motions. Powell’s attorney, Michael P. Stone, said he is considering filing a request for a change of venue as well as a motion to dismiss the charges on the grounds that the officers already have been tried in state court on substantially the same accusations.

Although many legal observers rate the chances of those motions being granted as slim, those issues and others could easily delay the start of the trial well into the fall or beyond.

“I refuse to be rushed into this matter,” Koon said after Monday’s arraignment. “The implications are too far-reaching.”

Koon also will be represented by a different lawyer in this trial, and the sergeant said he needs time to hire one. That attorney will need time to study the case, which includes voluminous records from the state trial.

That trial ended April 29 when a Ventura County jury returned not guilty verdicts on all but one count facing the officers.

They could not reach a verdict on the final count against Powell, and he had been scheduled to be retried Oct. 19. A state court judge decided last week to postpone that trial until after the federal civil rights charges have been decided.