Koon, Powell Lose Latest Bid to Stay Free Pending Appeals

A last-ditch attempt by Officer Laurence M. Powell and Sgt. Stacey C. Koon to stay free on bail while their appeal is pending was rejected Friday by a federal appeals court in San Francisco.

Just three days before the Los Angeles officers are scheduled to report to a federal prison, the U.S. 9th Circuit Court of Appeals--over a vigorous dissent from one of its most liberal judges--denied the officers’ request for a rehearing on the bail issue.

Last month, 9th Circuit Judges Harry Pregerson and Pamela Rymer upheld U.S. District Judge John G. Davies’ decision that Koon and Powell would not be allowed to remain free while appealing their convictions of violating Rodney G. King’s civil rights. Davies, the trial judge, sentenced the two officers to 30-month terms last month after convictions stemming from the March, 1991, beating of King.

On Aug. 30, Pregerson and Rymer ruled that because Koon and Powell were convicted of a crime of violence, they were ineligible to stay free on bail while pursing their appeals, which are not expected to be heard until later this year or early 1994.

Subsequently, lawyers for the officers filed another appeal asking that the decision be reviewed by the full 9th Circuit because their situations warranted an exception to the general rule denying bail to those convicted of violent crimes.

The 27-member 9th Circuit refused Friday, without explanation, to grant them a hearing on that issue. But Stephen Reinhardt, perhaps the most liberal judge on the 9th Circuit, issued a dissent, lambasting his colleagues for failing to give the officers a hearing.

“We are faced with a significant, unresolved issue of exceptional importance to the administration of justice,” Reinhardt wrote. “Because the court refuses to take this case . . . we are forcing Stacey Koon and Laurence Powell to go to prison pending their appeal, even though nobody suggests that there is any risk that they will flee or that they will present any danger to the community.

“Because the defendants raise substantial issues on appeal, there is no rational purpose to this action. If Koon and Powell lose, there will be plenty of time for them to serve their sentences after we dispose of the merits of their appeal. However, if they prevail we will have subjected them to unjustified incarceration.”

The judge said the law does not define what would constitute an exception to the general rule that a person convicted of a violent crime does not get bail pending appeal. And he emphasized that the 9th Circuit has not issued a published opinion on that issue.

Alex Kozinski, a conservative judge, concurred with Reinhardt that a hearing should have been held.

Attorney William J. Kopeny, who is handling Powell’s appeal, said Friday that he may ask Davies on Monday to grant a one-week stay for when the officers have to report to prison so he can appeal the bail issue to the Supreme Court. He said Powell plans to report to the U.S. Marshal for incarceration at noon Monday. Earlier this week, Powell’s trial lawyer, Michael P. Stone, said his client was “terrified” of going to prison.