DEFENSE TO TARGET POLICE TACTICS IN ROBBERY CASE.

Byline: Michael Coit Daily News Staff Writer

The defense for a Reseda man charged with his partner's killing during a Newbury Park robbery last year will challenge the tactics of a Los Angeles police special investigations team when the trial resumes today.

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

Cunningham's attorney has charged he should not be held responsible for Soly's death, because the officers never identified themselves, and fired first.

Deputy Public Defender Gary Windom plans to call some 25 witnesses, including officers who testified for the prosecution. One witness is expected to be Los Angeles Police Chief Willie L. Williams, who Windom said was at the shooting scene when the officers declined to answer questions from Ventura County sheriff's investigators.

``Being there 2-1/2 hours, we know that he was talking to a lot of folks,'' Windom said. ``Nobody can tell us so far what he said and did out there, so we've got to ask him.''

The chief called for a review of tactics after the Los Angeles Police Commission investigated and found that the police acted within department policy, Windom said.

``We know that the unit underwent tactics training as a result of this,'' the public defender said.

The trial is resuming in Ventura Superior Court after a weeklong break called by Judge Steven Perren.

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

Glynn contends the Special Investigations Section team did nothing unusual in the surveillance of Soly, who was the primary robbery suspect, 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.

In his opening statement, Windom said the officers 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.

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

Cunningham was paralyzed and uses a wheelchair.

The grand jury indicted Cunningham for first-degree murder, but 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 said the defense is expected to last seven or eight days, meaning the trial will continue into December.

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.