Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, April 8, 1993 TAG: 9304080082
SECTION: NATIONAL/INTERNATIONAL PAGE: A8 EDITION: METRO
SOURCE: Associated Press
DATELINE: LOS ANGELES LENGTH: Medium
JUDGE FEARS JURY MAY DEADLOCK IN LA POLICE TRIAL
The judge in the Rodney King beating trial raised the possibility of a hung jury Wednesday and said that even before deliberations begin, jurors should be given instructions on how to break a deadlock."I foresee difficulties," U.S. District Judge John G. Davies told lawyers during a discussion of jury instructions. "What can we do to minimize the difficulties?"
Assistant U.S. Attorney Steven Clymer said it would be premature to tell jurors how to break a deadlock before they start trying to reach a verdict. "I haven't researched the law on it," he said, "but it might be error at this time."
Testimony in the 2-month-old federal trial ended Tuesday; the jury was expected to get the case by the weekend.
The defendants, Sgt. Stacey Koon, Officers Laurence Powell and Theodore Briseno and former Officer Timothy Wind, are charged with violating King's civil rights in a videotaped beating on March 3, 1991.
The officers, who are white, were acquitted of most assault charges in a state trial last year that sparked deadly riots. King is black.
Davies began Wednesday's discussions by asking why no lawyer had asked to include an unusual instruction used as a last resort in obtaining a verdict.
The so-called "dynamite charge" - used when the jury reports being deadlocked - tells jurors to listen to the views expressed by other panelists and reconsider their own opinions with a view toward compromise. It also suggests that another jury might not reach any better verdict than they and urges them to make a decision.
Davies didn't indicate what led him to fear such an outcome.
"It seems that he's anticipating a hung jury," said Laurie Levenson, a Loyola University law professor who has been watching the case.
She said she had never heard of giving the instruction before a jury begins to deliberate. She also said the instruction has been a subject of controversy among lawyers and judges because it can be used to coerce a jury into a verdict.
Attorneys also argued about instructions involving the use of unreasonable force and the concept of intent under federal civil rights laws.
As the trial draws to a close, Los Angeles is nervous, but determined to avoid a repeat of the devastating riots that followed the acquittals last spring.
Armored personnel carriers have moved in. Police are packing rubber bullets and tear gas. Korean-American merchants have stocked up on guns. Even churches are ready, making plans to stay open as long as necessary and patrol their neighborhoods.
Police Chief Willie Williams and Mayor Tom Bradley promised this week to send 6,500 uniformed officers into the streets as soon as jury deliberations begin. Those officers will carry special riot-control gear and a serious attitude.
"We're not going to fail you this time," Williams told Los Angeles.
His predecessor, Daryl Gates, was accused of not caring and not acting quickly enough last spring when the state jury acquitted the officers of most charges.
"People cannot afford to lose anymore or have any more damage done to their communities," said Tony Salazar, co-chairman of Rebuild LA, a private group of business and community leaders formed after the riots.
"People in Los Angeles are generally tired of it and want to put the riots behind them."