Attorneys Agree on Judge in Denny Case

Eager to find a compromise that might end a week of embarrassing jockeying for a judge in a highly charged riot case, defense lawyers and prosecutors have asked supervising Superior Court Judge Cecil J. Mills to appoint yet another jurist to preside over the trial.

All of the defense attorneys in the case of three men charged with attacking motorists during the opening hours of the Los Angeles riots had agreed on a judge, attorney J. Patrick Maginnis said in a letter sent to prosecutors, defense lawyers and Mills.

“After consultation with all of the other defense counsel in this case, we have mutually agreed that Judge Florence-Marie Cooper would be acceptable,” Maginnis said in his letter, a copy of which was obtained by The Times. Prosecutors also indicated that they would be willing to have Cooper, who is white, preside over the case.

With both sides in agreement, the issue could return to Mills, the supervising judge in the court’s criminal division.

Cooper, who won high praise during her years as a court commissioner before being elevated to the Superior Court bench earlier this year, is the fifth judge suggested to hear the highly charged case. Damian Monroe (Football) Williams, Henry Keith (Kiki) Watson and Antoine Eugene Miller are charged with attacking trucker Reginald O. Denny and other victims at Florence and Normandie avenues April 29.

The case was first assigned to Judge Roosevelt F. Dorn, who is an African-American, as are the defendants. To the surprise of many observers, prosecutors used their peremptory challenge to remove Dorn from the case.

Los Angeles County Dist. Atty. Ira Reiner was harshly criticized for that move, with some of the defendants’ supporters accusing Reiner of challenging Dorn because the judge is black.

Reiner denied that allegation, but his office struggled to explain what staffers said were his real reasons for the challenge. His deputies first said they removed Dorn because the judge had a crowded calendar and did not have a secure courtroom. After Dorn rebutted those allegations, Reiner said Dorn actually had been removed because prosecutors had doubts about his temperament.

Once Dorn was removed from the case, it was assigned to Judge George W. Trammell, but defense lawyers used their challenge to keep Trammell, who is white, from presiding. The case was assigned to Judge John H. Reid, a white former prosecutor. Some of the defense lawyers say they are uncomfortable with Reid.

Reiner, still reeling from criticism of his decision to remove Dorn, suggested that the case be sent to another black judge, Donald F. Pitts, who is assigned to Compton. Defense lawyers supported that request, but Pitts is on sick leave, recovering from recent eye surgery.

Speaking from the bench Monday, Mills expressed full confidence in Reid, but said he would be happy to discuss the assignment further with lawyers from both sides.

According to sources close to the case, Maginnis suggested several judges whom defense lawyers would support and presented the list to prosecutors. Both sides quickly agreed on Cooper, the sources said.

Maginnis’ letter, addressed to prosecutor Frank Sundstedt, states, “Your comments to me in the hallway outside Department 100 that Judge Cooper would likewise be acceptable to the prosecution would appear to make her universally acceptable.”

Maginnis was surprised that a copy of the letter was made public, and he declined to discuss it in detail. He said he had not received any response yet from Mills and he would not predict how the supervising judge might react to the request.

“I realize that Judge Mills advised all counsel that even if we all agreed upon a particular judge to try this case that he might still exercise his discretion in keeping the case before Judge Reid,” Maginnis said in his letter.

“I’m confident that Judge Mills will do the right thing,” Maginnis added Wednesday.

Defense attorney EdO. Faal, who represents Williams, said he is optimistic that Mills will consider the request seriously.

“The judge is very sensitive that there be a sense by the public that the appearance of justice is maintained,” Faal said. “I have a feeling that he will give this request great weight.”

Among the first questions about Judge Cooper, however, will be her schedule. Cooper is assigned to hear long, complex cases and her calendar for the fall already is crowded, officials said. Mills might be able to relieve Cooper from some of her other duties, but neither was available for comment.