Man Found Not Guilty in Death of Accomplice

VAN NUYS â€”  Rejecting the arguments of prosecutors, a jury on Monday acquitted a barroom robber in the death of an accomplice in a shootout with a controversial LAPD anti-crime unit.

The verdict was a partial victory for an aggressive defense for Michael Rochelle Smith, which promised to put the Special Investigations Section on trial but instead focused on the more common issue of the credibility of police witnesses.

Deputy Public Defender James Coady said his client feels “vindicated� and said the evidence should require police to reopen their internal investigation into the officers’ actions. An internal review of the February shooting found the officers acted appropriately.

“They were never asked the tough questions and asked about the inconsistencies in the physical evidence,� Coady said. “It would make sense for them to take a second look at whether the physical evidence matches their stories. It couldn’t have happened the way they said it happened,� Coady said.

While acquitting Smith of murder, jurors convicted him of robbing 14 patrons and attempting to rob three others on the day of the killings. He faces about 16 years for those crimes, Coady said. Jurors also split 6 to 6 on whether Smith is guilty of the death at hands of SIS officers of a second accomplice, and will continue deliberations today.

SIS detectives had Smith, Kim Benton, Eric Fields and Kirk Deffenbaugh under surveillance as they robbed the ClassRoom Bar in Northridge on Feb. 25, 1997. The squad followed and cornered the robbers in a cul-de-sac. There, Fields allegedly pointed his gun at the undercover officers, who responded with repeated shotgun blasts.

Smith immediately ran for cover. His three accomplices were killed.

Before the trial, Coady said he would introduce evidence of a pattern of incidents in which SIS detectives killed suspects after watching them commit crimes. The unit has been criticized for its tactics: waiting for suspects to commit crimes before apprehending them, and for a comparatively high rate of fatal shootings during arrest.

Coady never introduced that evidence. Instead, he argued that physical evidence proved two of the robbers were shot while holding their hands up in surrender.

In contrast, Deputy Dist. Atty. Carol Fisch argued that the telltale wounds were those to Fields’ hands, which support the detectives’ statement that he was aiming a gun at them.

The murder charges in the case are based on a key legal doctrine: that all those who join to commit crimes are criminally responsible for the acts of each member of the conspiracy.

Because the robbers were responsible for the shootout that ended in the deaths, the survivor, Smith, is guilty of murder, despite the fact that he did not use a weapon, according to prosecutors.

Fisch said one reason the jurors could be near a mistrial on the second murder charge is that they simply cannot agree on the law. “I won’t know what they think until I talk to them, but historically, jurors don’t like this law,� she said. Coady said the apparent impasse also may result from disagreements over whom to believe. Jurors have asked to hear the testimony of the officers read back to them today.

“I’ve got to assume that the six that voted not guilty had to accept my version of what happened,� Coady said.

Coady said Smith was particularly pleased because Benton was his half-sister.

“To be charged with your own sister’s death when there’s nothing he could have done differently to prevent her from dying, it was offensive,� Coady said.