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officers - The Black Vault

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had been driving well over the legal limit, was legally<br />

drunk, led police on a high-speed chase and did not<br />

immediately comply with their orders after he was<br />

apprehended.<br />

<strong>The</strong> prosecutor said he also worried that defense<br />

lawyers would have been able to tell jurors that King<br />

had a criminal record, ·<br />

White defended his decision not to make racial<br />

issues a key element of the prosecution. "None of the<br />

witnesses we talked to heard racial epithets" at the<br />

scene, he said. -<br />

Moreover, prosecutors could not hear racial epithets<br />

on the videotape of the beating, even after they had<br />

thejsound enhanced. But White acknowledged that an.<br />

enhancement expert hired by Steven Lerman, King's<br />

attorney in his federal lawsuit, has. said he heard a<br />

racial epithet on the tape.<br />

"We felt that if you introduce race as an issue and<br />

you don't prove race, that undermines your credibiUty<br />

with the jury," White said. "Believe me, if there had<br />

been statements [made at the scene indicating the<br />

beating was racially motivated] we would not have<br />

hesitated to raise that."<br />

Race became an issue in the trial only after an<br />

inadvertent mistake by defense lawyer Michael P.<br />

Stone allowed prosecutors to question his client,<br />

Powell, about statements he had made over a police<br />

radio just before the King beating. Powell said that had<br />

intervened in a domestic disturbance involving a<br />

group of African-Americans that was "right out of<br />

'Gorillas in the Mist,' " a reference to a movie about<br />

African wildlife.<br />

He declined comment on whether the district<br />

attorney's office has decided whether to retry Powell<br />

on the charge of using excessive force. <strong>The</strong> jury<br />

stalemated 8 to 4 for acquittal on that count.<br />

Prosecutors are to disclose their decision at a May 15<br />

court hearing. ·

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