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officers - The Black Vault

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• •<br />

After selecting the forewom- On Saturday morning, the jury .Near the end of tii.e debate, i.oya<br />

an-a 65-year-old Camarillo worn- e~barked.on its most difficult task: and another juror, both of whom<br />

an w:ho manages government con- dissecting the evidence against had been arguing that Powell was<br />

tracts for a living-the panel began Powell. <strong>The</strong> '29-year.:old officer, a guilty, chans,ed their minds. <strong>The</strong><br />

by discussing the case against Bri-. 3th-year veteran of the Police last holdout was the male juror,<br />

seno and Wind. According to the Department, was accused of in- who said he cried as he cast his not<br />

I'nale juror, there was a consensus. ·flicting the· most baton strikes on guilty vote. With Powell acquitted<br />

that those cases would be easier to King. On portions of the videotape, . of count one, the panel broke for<br />

resolve.<br />

he is shown delivering a torrent of lunch.<br />

Briseno was charged with kick- blows to the King as King lay on .·: When they returned to the<br />

ing King once. During his testimo- the ground.<br />

eourthouse, the jurors were too<br />

ny, he argued that he tried to ·: <strong>The</strong> panel began by qmsidering drained to consider the second<br />

prevent the beating by pulling the first count: assault with a ·count against Powell: assault under<br />

back Powell's baton and by a,t- deadly· weapon, with force likely to ·color of authority. Instead they<br />

tempting to subdue King by put- produce great bodily injury. Much discussed count three-whether<br />

ting his foot on King's back-rath- of the discussion revolved around :Powell had filed a false·· police<br />

er than kicking King, as- the whether King's head injuries were report-and quickly determined<br />

'prosecution alleged. Watching· the sustained as a result of the baton that the errors on the report·were<br />

videotape in slow motion, the jury ·strikes, as the prosecution alleged, "minor and insignificant."<br />

tried to determine where Briseno's · or as a result of his fall to the <strong>The</strong>n the jury moved to Koon,<br />

foot met King's body. Was it on the ground, as the defense asserted. · the sergeant who had twice stung<br />

head, as the prosecution asserted? . , . King with his Taser stun gun.<br />

On the neck? On the shoulder? Had Kmg s fact~l fr~ctures been Although he did not inflict any<br />

~aused by the off1cers batons, the blows against King, Koon, the<br />

"J t wasn't really clear enough JUry reasoned, they would ~ave supervising officer. faced the same<br />

on the video to see," the juror had proof that the f?rce. v:as hkely charges as Powell, \vith the prosesaid.<br />

"So we were trying to rely on to c~use great bodily .mJury. But 1 cution theorizing that if a crime<br />

King's movement after the kick, to the JUry_ accepted the defense ar- had occurred, he was guilty of<br />

try to determine where it was." gument mst_ead: aiding and abetting. By the end of<br />

He said the jury decided. that After rev~ewmg the tape repeat- the day Sunday, the jurors agreed<br />

there was a "reasonable explana- edly, the JUrors could nq~ t~~l that unless they convicted Powell,<br />

lion" for what Briseno did. And whether Powell_ had st~uck Kmg m . they could not convict Koon.<br />

that meant reasonable doubt that the hea~-;-desptte ~estn:nony from .<br />

he was guilty. . CHP off~cer Melame S~nger, who on Monday, they returned to<br />

Of the four <strong>officers</strong>, Wind re- told the JUrY. that sh_e d!? see head Powell to consider the second<br />

ceived the least attention from the blows .. <strong>The</strong> JUror satd: <strong>The</strong>re ar,e count. By then, the battle lines had<br />

jury. A rookie officer on probation areas ~n. the f:ape whe~e Y?U. cant been drawn. It .was apparent that<br />

who has been fired from the force, see. Its JUSt too ~ 1 Ufl'Y and lt J~mps · on this count, the jury would be<br />

Wind was the only defendant not around a lot. 1 dt~?- 1 see any dtrect · hung. Nonetheless, the panel<br />

to testify in his own behalf. <strong>The</strong> shots to the head. . calmly embarked on a painstaking<br />

jury believed Wind used "proper <strong>The</strong> debate . contmued all day review of the videotape.<br />

form," the juror said, adding: "He Satur?ay a?d mto Sunda~, when Those who favored conviction<br />

only seemed to go in there and· ~he dtsc~s~ton gr~w. ~olattle. 0 1!-e identified three key areas on the<br />

deliver blows when King was try- JUror, s~ld]Uror VIrgima Loya, said tape that, they believed, provided<br />

ing to rise. It looked like he was ~}lat Kmg deserved ~hat he go~; proof of excessive force. <strong>The</strong> ~ost<br />

pretty much in control." That was a p~r chmce of words, damaging portion, according to the<br />

Friday evening, the jury took Loya reto~~ed. No one deserv~s to male juror, showed Powell hitting<br />

straw votes on Briseno and Wind. be beaten. Others_a~gued voctfer- King's legs while King "appears to<br />

<strong>The</strong> votes were cast by secret ously th_at the offt~ers were rea- be rolling· on the ground, just<br />

ballot. 'l'he decision was unani- sonably m fea~ of Kmg, a large man . trying to avoid the blows."<br />

mous: not guilty for each officer. ~ho they beheved was u~der the All day long, they reviewed<br />

But in case anyone wanted to mfluence of the dangerous drug these portions· and went around the<br />

change his mind, the jury decided it PCP.<br />

table, with each juror offering his<br />

would not take its final vote until ·<br />

deliberations were completed.

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