Request to Keep Jurors Anonymous in Denny Case Assailed

A defense lawyer for Antoine Eugene Miller, one of three principal defendants in the Reginald O. Denny beating case, has accused prosecutors of using “Gestapo tactics” in requesting that jurors in the case remain anonymous.

“The prosecutor’s present request for an anonymous jury is an outrageous assault on the concept of fairness in the criminal justice system,” lawyer James R. Gillen wrote in a motion filed Thursday. Keeping the names of jurors secret will create the false impression that the defendants are dangerous, Gillen said, adding that the prosecution’s request “is based on . . . fear, fiction and politics.”

Gillen’s strongly worded motion is one of several contentious pretrial issues Superior Court Judge John Ouderkirk must consider in the case. Ouderkirk has scheduled a hearing for today, and he is expected to take up a number of motions to dismiss counts against the three defendants.

He may consider the request to protect jurors’ identities, and he may rule on a motion to drop all charges against one defendant because of allegations that his legal defense was sabotaged by the law firm that used to represent him.

Prosecutors had no response to Gillen’s argument, but they were preparing a detailed motion in support of an anonymous jury that they expect to submit to the judge before he rules. Prosecutors have argued that the jurors’ identities should remain anonymous to prevent them from being the victims of any retaliation.

After jurors’ identities became known in the state trial of four police officers charged with beating Rodney G. King, some reported receiving death threats. The identities of the jurors in the coming federal trial of those officers are expected to be kept secret.

Meanwhile, both sides are girding for a battle over the criminal counts against the three defendants--Miller, Damian Monroe Williams and Henry Keith Watson. All three face charges of attempted murder, torture, aggravated mayhem and robbery in connection with the April 29 attack on Denny. They also face an array of lesser charges for allegedly attacking other people during the opening hours of the Los Angeles riots.

Lawyers for the three defendants have filed motions urging the judge to dismiss counts related to the attacks at Florence and Normandie avenues. In particular, they are seeking to have charges related to the Denny attack dismissed; the three major counts in that beating carry possible life sentences.

Although prosecutors acknowledge that the three defendants did not commit equally violent acts against Denny, the charges are based on the theory that the three defendants aided and abetted one another in committing the crimes against Denny and the other victims.

According to prosecutors, Miller opened the door to Denny’s truck, setting in motion the attack, after which Denny was severely beaten by a group of people, including Williams and Watson. Although Miller did not strike Denny, he is charged with attempted murder, torture and aggravated mayhem because he allegedly aided the others in carrying out those crimes.

“Each defendant’s liability under the law is for both the criminal acts he personally committed and for the acts of the others,” Deputy Dist. Atty. Lawrence C. Morrison said in a motion opposing dismissal of the charges.