DEFENSE NEXT IN ROBBERY, SHOOTOUT TRIAL : JURY VISITS SCENE, PROSECUTORS REST.

Byline: Michael Coit Daily News Staff Writer

Prosecutors completed their case Thursday in the trial for a Reseda man facing murder charges in a Newbury Park shootout with Los Angeles police last year, and the defense will begin after a weeklong break called by the judge.

Robert Cunningham is charged with the death of his accomplice, Daniel Soly, because Ventura County prosecutors said he provoked a lethal response from the dozen undercover officers, who were following the pair during an investigation of San Fernando Valley robberies.

Deputy District Attorney Don Glynn presented evidence over the past three weeks and concluded his case Thursday after the jury visited the scene of the armed robbery and shootout at South West Liquor and Deli, which has since closed.

Cunningham's defense is scheduled to begin in Ventura Superior Court on Nov. 25. Judge Steven Perren will not be available for trial next week.

Deputy Public Defender Gary Windom has challenged the police tactics and officers' accounts.

In his opening statement, Windom said the officers - members of the Special Investigations Section - followed Soly for a week and didn't make arrests after observing thefts and drug deals because they needed a more serious crime. Windom contends the officers rammed cars into the front and back of Soly's white Toyota following the armed robbery, never identified themselves and fired the first shots.

The prosecutor has presented a far different scenario. Glynn contends that the police team did nothing unusual in the surveillance of Soly and waited for him to commit a crime so they could make an arrest.

Glynn said Cunningham stood through the sunroof of Soly's car and fired at several officers, with one of the four shots from his .38-caliber handgun wounding an officer in the abdomen. A second officer suffered a single gunshot wound, which came from the .45-caliber handgun of the supervising officer.

Soly was killed after suffering 27 wounds from shotgun pellets and .45-caliber bullets.

Cunningham was paralyzed and is confined to a wheelchair.

The grand jury indicted Cunningham for first-degree murder. Prosecutors are not seeking the death penalty. Cunningham also is charged with robbing a Pizza Hut in Simi Valley with Soly in January 1995, one count of burglary, two counts of robbery and three counts of attempted murder on police officers in the liquor store incident.

Windom has said Cunningham should be found guilty of the burglary and robbery charges in the liquor store incident and should not be held responsible for Soly's death from shots fired by the police.

The public defender said he plans to question Los Angeles Police Department Chief Willie L. Williams. Windom contends that Williams went to the scene for 2-1/2 hours and spoke with police and could have information beneficial to Cunningham's defense.

The judge has ordered Williams to testify if called. Perren instructed Windom to give the police chief 24 hours' notice and to inform the court of the questions the defense intends to ask.

The Los Angeles City Attorney's Office had rejected a subpoena served on Williams.

Deputy City Attorney Debra Gonzales contended that it was not unusual for Williams to go to the scene of a shooting involving the department's officers. She said the chief doesn't have relevant information about the case beyond what has been provided to attorneys on both sides.