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Prosecutors Seeking Stiff Sentences in King Case : Courts: They say Powell and Koon have not accepted responsibility for their actions and should receive close to the maximum 10-year term.

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TIMES STAFF WRITER

Federal prosecutors, in a memorandum filed Friday, said Los Angeles Police Sgt. Stacey C. Koon and Officer Laurence M. Powell should not have their sentences reduced because their recent public statements show they are unrepentant for their actions in the beating of Rodney G. King.

Koon made several television appearances after the trial, and Powell wrote an article for the Thin Blue Line, the publication of the Los Angeles police union. Both Koon and Powell defended their actions, and prosecutors say that is evidence the two men have never accepted responsibility for their conduct.

The government lawyers argue that Powell should receive a prison sentence of seven to nine years, and Koon should be sentenced to nine to 10 years. The legal maximum is 10 years. Prosecutors also say both men should be fined $15,000 to $150,000 and should be forced to spend several years on supervised release once their prison sentences end.

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Under federal sentencing guidelines, criminal defendants can receive a reduction of their sentences if they accept responsibility for their actions. Usually that means pleading guilty, although defendants who accept responsibility can receive lighter sentences after trial under certain circumstances. Prosecutors argue, however, that neither Powell nor Koon qualifies for a sentence reduction.

In Powell’s article, he wrote: “In August, I must face (U.S. District) Judge John G. Davies for sentencing. Both Stacey and I will stand there and be expected to show our regret for doing our job. . . . If I must go to prison, it is better to go there an innocent man.”

In the memorandum, prosecutors said it is clear from his defense during the trial and the article that “defendant Powell has not accepted responsibility for his offense.”

Unlike Powell, Koon testified during the federal trial and took full responsibility for the beating, but he defended every blow as legal and proper, an argument that the jury subsequently rejected. After the trial, Koon proclaimed his innocence during paid appearances on the Phil Donahue show and on “A Current Affair.”

“Such attempts to excuse criminal conduct do not constitute an acceptance of responsibility,” prosecutors wrote.

Lawyers for the two officers have said they believe the prosecution’s position on sentencing is excessive. Michael P. Stone, Powell’s lawyer, said the prosecution is “overreaching,” and added that he will move for a far shorter sentence.

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Davies has set sentencing for Aug. 4. He will also consider motions for a new trial at that hearing and will impose sentencing only if he denies those motions.

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