State Retrial of Powell Is Put on Hold

A Los Angeles County Superior Court judge Friday set aside the retrial of Los Angeles Police Officer Laurence M. Powell in the beating of Rodney G. King, saying that proceedings on related federal charges should come first.

“If there is a federal prosecution, it should go forward before any state trial,” said Judge Stanley M. Weisberg in Van Nuys Superior Court as he vacated the Oct. 19 trial date for Powell on a charge of using excessive force under the color of authority.

Weisberg also said he will reconsider dismissing the state case against Powell in light of Tuesday’s federal indictment of Powell and three other current and former Los Angeles police officers in the March, 1991, beating of King, which was captured on videotape and shown worldwide on television.

Deputy Dist. Atty. Terry White told the judge he did not see the state case as an obstacle to the federal case. White argued unsuccessfully that it was premature to postpone the state case because “the schedule for the federal case has not been announced.”

Weisberg responded that it was neither appropriate nor “in anyone’s best interest to have three trials on the same subject matter involving the same defendant.”

He was referring to the looming state and federal trials, and to the earlier state trial that ended April 29 when a Ventura County jury found the four officers not guilty on all counts, except one against Powell on which they deadlocked--the charge of excessive force under the color of authority.

Weisberg said he will decide the future status of the state case on Aug. 14.

White and fellow prosecutor Alan Yochelson left the courtroom without commenting on Weisberg’s decision. Neither could be reached later for comment. Mike Botula, a spokesman for the district attorney’s office, said the prosecutors will abide by Weisberg’s decision.

Outside the courtroom, Powell’s attorney, Michael P. Stone, said he believes the state charge should be dropped. Stone noted that in May, Weisberg granted a new trial for Powell in “the interest of justice.” With federal charges now pending, Stone said, “the interest of justice is no longer required in the state case.”

The federal charges have also raised concerns about U.S. constitutional protections against double jeopardy--provisions that prevent a defendant from being tried a second time on the same offense after being acquitted.

Stone acknowledged that the federal prosecution is probably not double jeopardy because the earlier case was heard in the state court system. However, he said there is a state law that could prohibit prosecutors from going forward with the state case if there is a conviction or an acquittal in the federal case.

Section 656 of the state penal code, enacted in 1872, states: “Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of another state, government or country, founded upon the act or omission in respect to which he is on trial, he has been acquitted or convicted, it is a sufficient defense.”

Stone said the only way a retrial in state court could occur is if the federal case ended in a mistrial.

On Tuesday, a federal grand jury indicted Powell and Officer Theodore J. Briseno and former Officer Timothy E. Wind on charges that they beat King and in the process violated his rights to be secure and free from unreasonable force. Sgt. Stacey C. Koon is accused of failing to prevent the assault, thereby violating King’s right to be free from harm while in custody.

The four officers will be arraigned in federal court on Monday.