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Plea Bargaining Possible in Denny Case : Courts: Lawyers for the men accused of beating the truck driver during riots have shown a willingness to negotiate. Some fear new unrest if the trial goes forward.

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TIMES STAFF WRITER

Defense attorneys for three men accused of beating trucker Reginald O. Denny said Monday that they are not opposed to plea bargains for their clients, a prospect that could eliminate the need for a jury trial in the highly charged case.

One of the lawyers told Superior Court Judge John W. Ouderkirk that he already had begun informal talks with prosecutors.

Dist. Atty. Gil Garcetti has suggested that he might consider some plea bargains. At Monday’s hearing, Deputy Dist. Atty. Janet Moore said prosecutors “remain open to any potential offers from the (defendants), and we are not closed to any settlement.”

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Whether the case goes to trial is of intense interest to some observers, who fear that tensions will be heightened in Los Angeles if the defendants are found guilty of charges that could send them to prison for life.

In a Times poll conducted earlier this year, 33% of the respondents said they would favor plea bargaining in the case and 55% said they would not. The trial is scheduled to start April 12.

At the hearing, defense lawyers said any talks designed to settle the case should include Garcetti because he must approve any settlement reached.

Outside court, however, one of lawyers said he would forgo any negotiations for his client, Damian Monroe Williams, until he has exhausted an attempt to show that the men are victims of a pattern of racial discrimination that leads to harsher charges against African-Americans and Latinos. The three defendants in the Denny beating case are black.

To bolster his contention, the lawyer, Edi M. O. Faal, filed a motion Monday aimed at forcing Garcetti’s office to provide 14 years of records showing charges prosecutors have filed in similar cases.

Faal also is seeking medical information that county prosecutors had before they decided to file charges, which carried maximum 10-year sentences, against four white police officers accused of beating Rodney G. King.

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“We believe we have a strong defense of discriminatory prosecution, and we want to litigate that,” Faal said. “Obviously the stronger our motion looks, the stronger our position would be when we initiate negotiations.”

Asked what it would take for him to agree to a deal, Faal replied: “We believe there is no basis for filing attempted murder and aggravated mayhem charges” against Williams.

Each charge carries a maximum sentence of life in prison.

The two other defendants, Henry Keith Watson and Antoine Miller, also face life sentences if convicted on attempted murder charges, but Ouderkirk last month dismissed aggravated mayhem charges against them and torture charges against all three men.

James Gillen, who represents Miller, said outside court that he would consider a deal involving an assault charge against his client and a sentence consisting of the time Miller has already served behind bars.

Earl C. Broady, who represents Watson, said he has engaged in unofficial talks about a deal for his client but did not provide details.

The issue of whether the case could be settled without a trial initially was raised Monday by Ouderkirk, who asked defense lawyers and prosecutors if there had been discussions along those lines.

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The judge said settlement discussions are standard in major criminal cases.

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