Shootout Vote Reasons Sought : Court: The council was urged by a judge to explain why it indemnified nine police. A jury had ordered payment to slain men’s survivors after McDonald’s robbery.

A federal judge urged members of the Los Angeles City Council Monday to explain more fully why they voted to indemnify nine police officers who were ordered by a jury to pay $44,000 to the survivors of three men killed during a shootout.

After sharply criticizing the city attorney’s office, U.S. District Judge J. Spencer Letts offered council members a chance to waive the executive and attorney-client privileges they have invoked so far.

“The defendants are entitled to tell their story without having it blocked off,” Letts said. He imposed a deadline of Wednesday--one day before jury selection is scheduled--and offered to seal testimony of the council and conduct future hearings in his chambers.

The ruling was a victory for lawyer Stephen Yagman, who wants council members held personally liable for their vote to protect police. Yagman won the verdict on behalf of the slain men’s families.

“They’re either going to ‘fess up or go to hell in a handcart,” said Yagman, who contends the council’s action helped foster a policy condoning police brutality.

In contrast, lawyers for the council, including City Atty. James Hahn, who provided legal advice for council members, seemed stung by some of Letts’ remarks and left the courtroom stone-faced. Hahn refused to comment but members of his staff said they would consult with the council immediately to decide how to proceed.

“I don’t think they’re going to waive their rights,” said Skip Miller, representing the council.

The complicated case stems from a 1990 shootout at a San Fernando Valley McDonald’s, in which police killed three alleged robbers and wounded a fourth as they fled the restaurant. Jurors found that the police, members of the department’s elite Special Investigations Section, used excessive force.

After reaching their verdict, jurors said they deliberately kept the amount of money low--the award was to be split among the defendants--because they wanted the police officers, including then-Chief Daryl F. Gates, to pay out of their own pockets.

But the Council voted in closed session to indemnify the officers anyway, prompting the current lawsuit by Yagman on behalf of Johanna Trevino, now age 4, whose father was one of the men killed in the Sunland incident.

The girl is entitled to punitive damages from council members because of their vote, according to Yagman, who says his efforts to learn about the deliberations that led to the action have been stonewalled.

“Our contention is they always rubber-stamped this,” Yagman said.

Two mistrials have been declared in the case, and city attorneys have appealed to the U.S. Supreme Court in unsuccessful bids to have it dismissed.

If the council declines to waive their privileges, jury selection will begin Thursday morning, Letts said.

If the council agrees to answer Yagman’s questions, the trial will be delayed. Letts also must rule on a defense motion to dismiss the case.