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Long Prison Terms for Powell and Koon Urged : Courts: Prosecution seeks seven to nine years for officer and nine to 10 for sergeant. Defense suggests far less time.

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TIMES STAFF WRITER

Federal prosecutors have recommended prison sentences of at least seven years each for Sgt. Stacey C. Koon and Officer Laurence M. Powell, the two Los Angeles police officers who were convicted last month of violating Rodney G. King’s civil rights.

The government’s recommendations, which were made in an internal memorandum, are at the upper end of the sentencing range for the officers and are far above those that the officers’ defense attorneys are expected to suggest.

Michael P. Stone, Powell’s lawyer, said his client should not face more than 18 months to three years in prison. Koon’s lawyer, Ira Salzman, would not say what range he believes is appropriate, but he said the prosecution’s recommendations “do not serve the cause of justice.”

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“Sentencing is not a Coke machine,” Salzman said Friday when asked to comment on the prosecution’s recommendations. “You don’t put in a quarter and get out a sentence.”

Stone also criticized the prosecution’s recommendations. “I think they’re overreaching,” Stone said. “I don’t know what their motivation is.”

Under the formula computed by prosecutors, Powell would face seven to nine years in prison, while Koon would face nine to 10. Ten years is the legal maximum for violating the civil rights law that the two officers were convicted of breaking during the March 3, 1991, beating and arrest.

Those recommendations are contained in a May 7 memo from Assistant U.S. Atty. Steven D. Clymer, one of two lead prosecutors in the case, to Richard Griffis, the U.S. probation officer for Los Angeles. Griffis’ staff will make recommendations to U.S. District Judge John G. Davies, who has scheduled sentencing for Aug. 4.

Federal sentencing is based on a complicated set of guidelines, which assign numerical values to various crimes. After computing the level of the offense, the sentence can be increased or decreased based on mitigating or aggravating circumstances.

Clymer’s memo says the so-called base level offense for both officers puts them at a recommended range of 18 to 24 months in prison. But Clymer argues that both officers should serve additional time because they used a dangerous weapon--police batons--and because King suffered serious bodily injury. King had 15 facial fractures, as well as many cuts and bruises and a broken ankle.

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“As the undisputed testimony in this case made clear, the victim required hospitalization and surgery,” Clymer’s memo says. “Thus the offense level should be increased.”

Salzman said that King may have suffered his most serious injuries during the portion of the beating that even the prosecution’s use-of-force expert testified did not violate Police Department policy. In addition, Salzman argued that the increase in penalty for use of a dangerous weapon is inappropriate because all police officers are authorized to carry and use batons--a far different situation than a bank robber or other felon whose penalty is increased for using a gun, Salzman said.

Prosecutors also are seeking a controversial increase in Koon’s punishment because they argue that he lied on the witness stand. Koon was the only one of the four defendants who testified in the federal trial. Prosecutors say he obstructed justice by lying about the incident under oath. Koon also testified in last year’s state trial of the officers and was acquitted.

“He committed perjury during the trial in this case when providing false justifications for the beating of Rodney King,” Clymer wrote. “The jury’s unanimous verdict necessarily encompassed a finding that defendant Koon had lied about the reasons for the continued beating of Rodney King. As a result, Koon’s offense level should be increased.”

Salzman said he will contest that position as well.

“Sgt. Koon testified to what he did, and simply believed that what he did was not criminal,” Salzman said. “Furthermore, another jury listened to that same testimony and believed it.”

Clymer declined to comment on the memo or the defense attorneys’ response to it.

Between now and Aug. 4, the probation department will compile its recommendations and forward them to the attorneys and Davies. Both sides will respond to those recommendations, and Davies will set the punishment.

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