Silence, Signs Are Keys to Murder Trial : Courts: Most of the main figures in an unusual case are deaf. The judge also is hearing-impaired.

The prosecutor calls it “a very straightforward murder case,” and in many ways the Val Lamar Smith case is depressingly similar to scores of other killings that happen in Los Angeles every year: Young men, allegedly members of rival gangs, meet up with each other and somebody winds up dead.

But what sets the Smith murder case apart is that most of the key figures are deaf. Smith, the defendant, is deaf, as was the man he is accused of killing, James E. Powell Jr. Several of the key witnesses also are deaf. Even the trial judge is hearing-impaired.

At the trial, which is expected to start as soon as the Van Nuys courthouse is open again for business, the legal system will not only have to bridge the gap between the hearing world and the silent. It also must bridge the gap between two different forms of sign language--one the formal American Sign Language, the other a less stylized form of sign language that has its roots in the segregated American South and lives on today in poor, predominantly African American neighborhoods where access to special schools and training for the deaf is often limited.

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The informal sign language often uses broad gestures and pantomime-style movements to convey meaning.

Sign interpreters for deaf jurors or other deaf trial participants are an almost daily sight in Los Angeles courtrooms. But because Smith and some of the witnesses use the informal sign language, which few court-approved sign interpreters know, another interpreter who is deaf will translate a deaf witness’s answers from informal sign into American Sign, and another interpreter will translate the American Sign into spoken words for the jury and other hearing trial participants. When the witness is asked a question, the process will be reversed.

Although not unheard of in Los Angeles courts, the two-stage sign language interpreting format will be a new experience for most participants in the trial.

“I think it will be interesting,” said Superior Court Judge Michael Farrell. “I’m curious as to how it’s going to work.”

Farrell said he is hearing-impaired, with less than 50% capacity in both ears in the conversational range--the result, he believes, of Army service in the tank corps. He does not understand sign language.

Deputy Dist. Atty. Shellie Samuels said it is her first trial involving a deaf defendant and witnesses.

“It’s different, and it may be a little more difficult,” Samuels said. “It may be a little harder to judge the demeanor of a witness. . . . Uncertainty, anger, indignation, all the emotions--sometimes you don’t get that with sign language. I don’t know how that’s going to play to a jury. But I don’t think it will pose any big problems.”

Smith’s attorney, Tony Bryan, was unavailable for comment.

Farrell and Samuels said they were somewhat concerned that the double sign interpretation process might slow down the proceedings.

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“I’ve had cases (with signing deaf participants) where the people are slow, and my gosh, it can just take forever,” Farrell said. He also is concerned about the accuracy of the signing, particularly the translation of the informal sign language.

“One thing I have to look at is, are (the defendant and deaf witnesses) completely understanding what’s being said,” Farrell said. “And how will I know?”

But Joseph Padilla, who supervises interpreter services for the Los Angles County courts, said he does not believe there will be any problems with the sign interpreting.

“This is done in split seconds,” Padilla said. “You’d be amazed at how fast they are. It’s fascinating to watch.”

Padilla said that Karen Bowman, a court interpreter who can use both American Sign and the informal sign language, will act as one of the interpreters at the Smith trial. Bowman, who is deaf, is widely recognized as an expert in both sign language forms and is one of only a few sign interpreters who is court-qualified in the informal sign language, Padilla said.

Los Angeles courts employ 10 American Sign interpreters, Padilla said, adding that next to Spanish, American Sign is the most frequently translated language in the court system.

The upcoming trial has its origins in events of January, 1992, when Smith, now 23, and two male friends, who also are deaf, drove from South-Central Los Angeles to an apartment complex in Van Nuys to visit friends. While there, the men encountered Powell, 27, a deaf Long Beach resident who had been staying in the apartment of Yvonne Lane, who also is deaf.

According to police, an argument--conducted in sign language--broke out among the men, allegedly over rival gang affiliations. Smith allegedly drew a revolver and shot Powell, killing him. Smith was arrested and held without bail. One of the men with him later pleaded guilty to voluntary manslaughter.

Lane, who originally told police she had been taking a nap when the shooting took place and had not been aware of it--because of her hearing impairment, the police at first believed her--now is expected to testify in informal sign language that she saw Smith shoot Powell.

Smith faces a possible life sentence if convicted.