Leak of Memo in King Case Spurs U.S. Probe

A confidential government memo that questions the credibility of Rodney G. King as a witness and lists other potential weaknesses in the case against officers accused in his beating was disclosed to a defense attorney, prompting a Justice Department inquiry, sources said Thursday.

Although the exact ramifications of the leak remain unclear, it is seen at the very least as an embarrassment to prosecutors who have experienced setbacks in pursuing a case that legal experts consider extremely challenging.

According to sources on both sides of the case, the memo, known as an “order of proof,” lays out the government’s strategy and notes which witnesses are likely to be called, what they are likely to be asked, and how a jury might weigh their credibility.

With the issue of the memo clouding the case, U.S. District Judge John G. Davies has met twice in closed sessions, once in August and once last week, with attorneys for the government and for the four accused Los Angeles police officers.

Lawyers and government officials have steadfastly refused to comment on those sessions, or acknowledge the memo’s existence.

But in Washington late Thursday, a Justice Department official said: “We do not believe that (the release of the memo) presents a serious problem for the case.” The official indicated that prosecutors have had a chance to adjust their strategy to compensate for any shortcomings outlined in the memo since the document was drafted several months ago.

One source who has read the Justice Department memo told The Times on Thursday that it discusses specific problems with several key witnesses--including King; his passenger the night of the beating, Bryant Allen, and California Highway Patrol Officer Melanie Singer.

“It said they would have problems with some of the witnesses,” the source said. “It just pointed out the weaknesses in the case.”

He said the memo was merely meant as an internal update and that it drew no conclusions about whether the case could be won.

The officers’ trial in state court ended in acquittals on all but one count, sparking last spring’s riots. The federal civil rights case is widely seen as a more difficult prosecution than the initial trial, in part because prosecutors need to prove that the officers intended to deprive King of his civil rights during the March 3, 1991, beating. The case is being carefully watched because of concerns that acquittals could result in more civil unrest.

King, who was not called to testify in the state case, is expected to play a key role in the federal trial, set to begin in February.

“About Rodney King,” the source said, “(the memo) said that there could be a problem because of his prior inconsistent statements.” King originally contended that the beating was not racially motivated but later told state prosecutors that the officers repeatedly taunted him with racial slurs during the incident.

The memo also discussed Allen’s credibility, and noted that “they (the U.S. attorney’s office) didn’t believe he was a very good witness,” the source said.

In the state trial, Allen appeared nervous and confused, and defense attorneys attempted to portray him as a gang member with a criminal record.

The source said the memo also questioned the credibility of CHP Officer Singer, who testified in the state trial that Officer Laurence M. Powell struck King in the head with his police baton--a contention disputed by a series of other witnesses.

The observations in the memo were intended as private communication among Justice Department officials. But after it fell into the hands of a defense attorney, the Justice Department’s Public Integrity Section took an interest in the case. That office prosecutes criminal misconduct and corruption by elected and appointed officials at all levels of government.

The investigation apparently was being conducted by Thomas N. Burrows, a public integrity section lawyer, who filed court documents under seal in connection with the case Aug. 21.

Although details of Burrows’ investigation have not been disclosed, others close to the case say that the section’s interest appears to be focused on the question of how the memo got out.

Two sources close to the case said Michael P. Stone, the attorney for Powell, was mailed a copy of the memo, apparently by mistake. Stone read the memo, realized that it should not have been sent to him, notified the court and prosecutors, and returned the document, one source said.

Stone has repeatedly declined to answer any questions about the memo.

National Public Radio, in a report scheduled to air this morning, says “it appears unlikely that the memo was given to the defense by mistake.” A transcript of the radio report does not offer any support for that contention, however.

Powell, along with Officers Theodore J. Briseno and Timothy E. Wind, and Sgt. Stacey C. Koon, were indicted in August by the federal government.

Since then, “we’ve had two secret hearings, and there’s been a number of documents filed under seal,” said Harland W. Braun, the lawyer for Briseno. “That’s been disturbing to me. Any time there’s secrecy in such a major case it’s disturbing.”

Braun said he could not comment on the contents--or the existence--of the memo.

Terree A. Bowers, the U.S. attorney for the Central District, declined to comment on the memo. Sources said that after he spoke with a reporter from The Times, he warned others close to the case not to discuss the issue.

Steven D. Clymer, another lead prosecutor in the case, did not return phone calls seeking comment.

Times staff writer Ronald J. Ostrow contributed to this story

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