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Gag Order Issued in King Case : Court: The judge bars defendant Briseno’s attorney from publicly discussing jury selection and prosecutors’ motives.

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TIMES STAFF WRITER

The federal judge presiding over the case of four police officers charged with violating Rodney G. King’s civil rights imposed a gag order on a defense lawyer Thursday, barring the attorney from publicly discussing matters that involve the jury and from criticizing the motives of prosecutors in the case.

In a sharply worded three-page order, U.S. District Judge John G. Davies criticized public statements by Harland W. Braun, the lawyer for Officer Thedore J. Briseno.

Braun has commented in recent days about difficulties in finding impartial African-American jurors for the trial and has criticized prosecutors for their decision to indict his client--an action he has said was politically motivated and part of a “mob mentality.”

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“Such comments are purely speculative and highly improper,” Davies said in his order. “Mr. Braun has not conducted himself properly in this regard.”

Braun said he was surprised by the order--particularly the portion that blocks him from impugning prosecutors’ motives--but said he would abide by it.

“I think these prosecutors are just wonderful guys,” he said. “If they’re single, I hope my daughter marries one of them. . . . And you know what, it was really nice of them to indict my client. In fact, my client wants to know their address so that he can send them a thank-you letter.”

In an interview with The Times published Sunday, Braun said he believed many, if not all, prospective jurors who are black may be excused from the jury in the federal trial. That was the case during last year’s state trial in Simi Valley, when every prospective black juror who was questioned said he or she felt unable to serve impartially.

Braun said he would not eliminate any prospective juror because of his or her color, but added that African-American jurors may feel pressured by their friends or family members to vote guilty because the case is laden with racial overtones.

Braun added that “the idea of an all-white jury scares the hell out of me. As a member of society, I want a mixed jury. But I have to be a realist too. People are not computers.”

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Although many jury experts agree with Braun’s assessment, the judge and even some of Braun’s co-counsels were angered by those remarks and similar statements that he made to other reporters.

“I really believe those comments were not helpful,” said Ira Salzman, who represents Sgt. Stacey C. Koon. “They were irresponsible and offensive, and I agree with the judge’s order.”

Paul DePasquale, who represents Timothy E. Wind, would not respond to Braun’s comments regarding the jury selection. But he objected to the portion of the judge’s order that prevents his colleague from criticizing the government or prosecutors.

“The government does a lot of impugning of other people’s motives,” DePasquale said. “I think it would be entirely wholesome for the government to have a thicker skin when it comes to other people criticizing them.”

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