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U.S. Justices to Weigh Bail for Powell : Law: Sandra Day O’Connor has referred the matter to the full Supreme Court. Koon has filed a similar emergency request to remain free during appeal.

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From Associated Press

The full Supreme Court will consider whether to release a Los Angeles police officer on bail while he appeals his prison sentence for violating the civil rights of motorist Rodney G. King, a spokeswoman said Friday.

Justice Sandra Day O’Connor has referred the emergency request by Officer Laurence M. Powell to the entire court, spokeswoman Kathy Arberg said.

Also on Friday, Sgt. Stacey C. Koon filed a similar emergency bail request with the court. Powell and Koon were each sentenced to 30 months in prison in the King case and are appealing their convictions to the U.S. 9th Circuit Court of Appeals.

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Powell and Koon were convicted in federal court of violating King’s civil rights during the videotaped 1991 beating. Their acquittals in state court sparked the 1992 Los Angeles riots.

A federal judge and the U.S. 9th Circuit Court of Appeals ruled that there were no exceptional circumstances to warrant granting bail to Powell and Koon pending outcome of their appeals.

In considering emergency requests, individual Supreme Court justices often decline to rule alone and instead refer the cases to the full court.

A referral to the full court often signals an eventual denial because if an individual justice sees merit in a request, he or she usually would grant it immediately.

But Powell’s lawyer, William Kopeny, hailed the referral as a victory, saying it shows that “Justice O’Connor sees something” in the appeal.

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