Videos of Beating Don’t Back Claims About Wire Cutters

Investigators scrutinizing television news footage of last month’s police beating of Stanley Miller have found no evidence so far on the videotapes to back up police officers’ claims that they recovered a pair of wire cutters in his pants pocket, Los Angeles Police Department sources said Thursday.

Officer John Hatfield, who is seen on the videos hitting Miller 11 times with a flashlight, told investigators he took the action after another officer yelled that he felt a gun in Miller’s pocket. No gun was found, but the officers said they recovered wire cutters from Miller’s right front pants pocket.

The videotapes, shot by KABC-TV Channel 7 and KTTV-TV Channel 11 news helicopters, cover about 3 1/2 minutes from when Miller was tackled by officers to the time they placed him in a patrol car.

For about half of the recorded arrest, Miller is on the ground, with up to seven officers on top of him or at his side, apparently attempting to handcuff him. As one officer pulls Miller off the ground, Sgt. Angela McGee can be seen counting several bills taken from Miller’s fist. Another officer is seen patting down Miller but does not appear to recover anything.

Sources familiar with the investigation said the wire cutters were emerging as a key element of the probe, which is being led by the LAPD’s Professional Standards Bureau and overseen by the Police Commission’s inspector general.

Recovery of the wire cutters, officials said, would go a long way in supporting Hatfield’s contention that he hit Miller out of fear that the suspect had a gun.

Sources said it was possible that the officers found the wire cutters after Miller was seated in the patrol car or during a subsequent search at the station. Normally, they said, an officer would remove such an item during the initial search of a suspect.

The videotapes are not clear in all areas, they said, so it is also possible the cameras did not record the recovery. The LAPD is also trying to determine whether the videotapes they received from the television stations covered the entire incident. Though both stations broadcast the beating live, Channel 7 at one point cut away to the helicopter pilot for several seconds.

LAPD investigators have been going through the videos frame by frame to create a timeline of events and determine the movements of each officer. They have also taken the videos to a lab to enhance the footage.

Mark Werksman, Miller’s criminal attorney, denied that his client had wire cutters or any other metal object in his possession when arrested. The lawyer said Miller told him that he was wearing baggy sweatpants with loose pockets that would not hold items securely. For that reason, Werksman said, Miller was holding several items when he was arrested -- a cellphone in one hand, and a $5 bill and three $1 bills in the other.

The Los Angeles Police Protective League, whose attorneys are representing the officers, would not comment, said spokesman Eric Rose.

Deputy Police Chief Michael Berkow, who is overseeing the internal investigation into the beating, also declined to comment on the issue.

Police Chief William J. Bratton has called the officers’ tactics “a mess.” In a presentation last week to the City Council and a citizens oversight committee, he said police recovered wire cutters from the scene, along with a cellphone, cash and a metal strip of the type used to break into cars. Bratton did not elaborate on exactly where the items were found.

The beating took place about 6 a.m. June 23. Miller, 36, is seen on the videos jumping out of his car and sprinting along Compton Creek, a concrete wash, before officers catch him.

Officer Phillip Watson is seen pulling out his gun and then re-holstering it before tackling Miller. Officer David Hale then jumps on Miller, who has his hands raised.

At that point, Hatfield runs into the frame, kicking at Miller before hitting him with a flashlight 11 times as Miller lies on the ground.

In addition to the flashlight blows, police investigators are examining at least five knee strikes that Hatfield can be seen delivering with his right leg to Miller’s torso.

Investigators are also examining the actions of a second officer, identified as Peter Bueno, who is seen on TV news footage kneeing Miller, sources said.

Hatfield’s account of worrying that Miller had a gun was corroborated by at least two other officers at the scene, sources said.

Additionally, there were radio transmissions during the pursuit in which officers said they had seen Miller make furtive movements and believed he might be arming himself, sources said.

Hatfield has been assigned to home pending the outcome of the investigations by the Professional Standards Bureau and the inspector general’s office.

The other officers have been reassigned to office work outside the Southeast Division, where they are based.