Barr Has Some Explaining to Do : Astonishing leak in case against four officers

How did a confidential government memo that outlined the strategy in the federal prosecution of four police officers accused of violating the civil rights of Rodney G. King get into the hands of a defense attorney?

Atty. Gen. William P. Barr has some explaining to do. What happened? Was this an intentional leak by a disgruntled employee? Or was this simply a huge mistake--a case of a document mailed to the wrong person? Intentional or not, the foul-up can reinforce a pervasive belief that justice is denied when race is a factor.

The confidential memo, known as an “order of proof,” gives away government strategy and details specific weaknesses in several key witnesses--including King; his passenger, Bryant Allen, and California Highway Patrol Officer Melanie Singer.

Those witnesses, with the notable exception of King, testified in the state trial, which resulted in full acquittals for Sgt. Stacey Koon, and Officers Theodore Briseno and Timothy Wind. The Ventura County jury hung on a single count against Officer Laurence Powell. Powell’s attorney received the confidential memo by mail and returned it without sharing the information, according to the other defense attorneys.

Who sent that information may not be known for months, if ever. Barr cannot afford to wait. He must try to restore confidence in the integrity of the process before more poisonous rumors damage the U.S. Justice Department’s reputation. Perhaps he should answer questions at a news conference here in Los Angeles to demonstrate his concern. How Barr responds can reduce or increase hostility toward government.

Public expectations of success have been high, perhaps too high, for the federal prosecution. The federal prosecutors have been expected to do what the state prosecution did not: deliver convictions stemming from the videotaped police beating of King despite a much heavier burden of proof in federal civil rights cases. To prevail, the feds must prove the officers not only beat King but that they intentionally acted to deprive him of his civil rights. That is a tough proposition. Did the leak make it even harder?

The leak certainly won’t make it any easier for the person whom Bill Clinton selects as attorney general. The next attorney general will not take over in time to have much impact on the trial, scheduled to start in February. Of course, a delay is an option for U.S. District Judge John G. Davies. But a delay would not be without potential consequences--among other things, the defendants have the right to a timely trial.

The case of the leaked government memo further adds to a tragic story that stretches from the beating to the astounding acquittals to destructive riots. Now, with the latest revelation, justice is again on trial in Los Angeles.