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NO CHARGES IN BEATING D.A. DECLINES TO PROSECUTE OFFICERS.


Byline: James Nash Staff Writer

A spokesman for the District Attorney's Office announced Thursday that no criminal charges will be filed against Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  police officers involved in the televised beating last June of a car-theft suspect with a flashlight - a decision that angered Mayor James Hahn For the Iowa politician, see .

James Kenneth "Jim" Hahn (born July 3, 1950) is an American politician from the Democratic Party. He was the Deputy City Attorney (1975-1979), City Controller (1981-1985), City Attorney (1985-2001) and Mayor of Los Angeles, California
 and black community leaders.

At a news conference, Hahn criticized the decision that there was insufficient evidence insufficient evidence n. a finding (decision) by a trial judge or an appeals court that the prosecution in a criminal case or a plaintiff in a lawsuit has not proved the case because the attorney did not present enough convincing evidence.  to prosecute any of the nine officers at the scene and called on the Los Angeles Police Department "LAPD" and "L.A.P.D." redirect here. For other uses, see LAPD (disambiguation).

This article or section is written like an .
 chief, William Bratton, to use his full authority to ``take any and all appropriate actions'' against the officers.

``I saw what everyone else saw on those videotapes,'' Hahn said. ``Chief Bratton has broad administrative authority. I have every expectation that he will look at all of the officers' conduct and measure that against LAPD 1. LAPD - Link Access Procedure on the D channel.
2. LAPD - Los Angeles Police Department.
 training, policies and procedures Policies and Procedures are a set of documents that describe an organization's policies for operation and the procedures necessary to fulfill the policies. They are often initiated because of some external requirement, such as environmental compliance or other governmental .''

Bratton said late Thursday afternoon that he had not spoken directly with Hahn about the decision.

``We are keeping the process pure and keeping the process free from political, community and media pressure,'' Bratton said.

Prosecutors who reviewed the case for District Attorney Steve Cooley's office said they found insufficient evidence to charge LAPD Officer John Hatfield John Hatfield may refer to
  • John Hatfield (US Navy) (1795-1813), for whom a US ship was named
  • John Hatfield (baseball) (1847-1909),
  • John Hatfield (swimmer) (1893-1965), winner of three Olympic medals in 1912
  • John Hatfield (business man) (1926-2004), philanthropist
, who was videotaped striking 36-year-old suspect Stanley Miller Stanley Lloyd Miller (March 7, 1930 - May 20, 2007) was an American chemist and biologist who was known for his studies into the origin of life, particularly the Miller-Urey experiment which proved that organic compounds may arise from inorganic substances (specifically those  11 times with a flashlight in Compton. Seven other officers and a sergeant also took part in the June 23 incident last year.

Hahn, who is in the thick of a tough re-election campaign centered on his efforts to reduce crime, joined several African-American activists in criticizing the decision not to prosecute. They said video footage aired repeatedly on local ABC ABC
 in full American Broadcasting Co.

Major U.S. television network. It began when the expanding national radio network NBC split into the separate Red and Blue networks in 1928.
 and Fox News affiliates clearly showed misconduct by officers.

``I do not agree with that decision,'' Hahn said. ``The role of the LAPD is to serve and protect the citizens of Los Angeles. It also is to respect those citizens.''

The district attorney's decision not to file charges came more than five months after the LAPD turned over the results of its internal investigation into the incident, which included transcripts of interviews with 30 witnesses and participants.

``Despite the rather alarming vision we saw of an officer striking Mr. Miller 11 times with a flashlight, what we saw was that he suffered relatively few blows and they were with relatively little force,'' said Dan Murphy Dan Murphy (born Daniel Murphy, on July 12, 1962 in Duluth, Minnesota) is best known as the guitarist for the band Soul Asylum. He is also a member of Golden Smog. History , the head deputy district attorney in charge of Cooley's Justice Integrity Division. ``Mr. Miller suffered no pain that required anything more than a Tylenol.''

Murphy and Deputy District Attorney Margo Baxter found that the officers on the scene believed that Miller might have been armed and dangerous and appeared to be resisting arrest resisting arrest n. the crime of using physical force (no matter how slight in the eyes of most law enforcement officers) to prevent arrest, handcuffing and/or taking the accused to jail. . The prosecutors said they couldn't second-guess officers' judgments that Miller needed to be subdued.

``We're not saying that everything that perhaps was done by the officers - with the clarity of hindsight - was the best possible action to be taken at that time,'' Murphy said. ``That will be at the judgment of the Los Angeles Police Department.''

Miller led LAPD officers on a 21-mile pursuit through South Los Angeles South Los Angeles is the official name for a large geographic and cultural area lying to the southwest and southeast of downtown Los Angeles, California. The area was formerly called South Central Los Angeles, and is still sometimes called South Central. , Gardena and Compton after allegedly stealing a car in Compton. He ran from officers near Compton Creek before stopping and raising his hands.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the prosecutors' 13-page report, Miller was tackled by officers but appeared to resist arrest. Hatfield struck him 11 times with his service flashlight on his left side. The image was captured by television news helicopters hovering overhead and repeatedly broadcast.

Miller, who turns 37 this week, is serving a three-year state prison term after pleading guilty to charges of auto theft and evading arrest. His lawyer, Mark Werksman, vigorously disputed claims that Miller's injuries were minor. Miller filed a $25 million claim against the city last July, contending that he suffered ``spinal injuries, trunk-torso injuries, internal injuries, emotional distress emotional distress n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm.  and bruises and contusions.''

``I saw the videotaped beating of Stanley Miller, and it shows, very clearly, a criminal assault on Stanley Miller,'' Werksman said. ``We know Mr. Miller was standing still with his hands in the air and with no weapon in his hands when the police swarmed around him and beat him savagely.''

The Los Angeles Police Protective League, which represents officers, cautioned against drawing conclusions from the videotape.

``News video, shot from a helicopter from one angle and in the dark, does not tell the whole story,'' police union President Bob Baker said in a prepared statement.

The league has endorsed Hahn for re-election in the March primary. But in his public comments on the district attorney's decision not to file charges, Hahn broke with the league in calling for the officers to be punished.

``I have committed to making Los Angeles the safest big city in America,'' Hahn said. ``But I insist that goal be reached through lawful, professional, compassionate policing.''

Former Police Chief Bernard C. Parks Bernard Parks (born December 7, 1943 in Beaumont, Texas) is a member of the Los Angeles City Council, representing the 8th District in South Los Angeles and former Chief of the Los Angeles Police Department.

Parks attended Los Angeles City College, received his B.S.
, now a City Council member challenging Hahn for mayor, said Hahn's comments could compromise the city's defense against Miller's lawsuit.

``As a public official, we are obligated ob·li·gate  
tr.v. ob·li·gat·ed, ob·li·gat·ing, ob·li·gates
1. To bind, compel, or constrain by a social, legal, or moral tie. See Synonyms at force.

2. To cause to be grateful or indebted; oblige.
 to respect the fact that there is a system in place, a process in place, to determine whether charges are filed,'' Parks said. ``We also as a public official are obligated not to create more liability for the city where it is not necessary.''

Another candidate for mayor, state Sen. Richard Alarcon, D-Van Nuys, said Hahn should demand a more detailed accounting from Bratton on procedural errors by police in the arrest of Miller. Bratton has publicly called the incident a ``mess'' and said much of the officers' conduct was outside normal practices.

``I didn't like what I saw on the video, and I don't think the general public liked it either,'' Alarcon said. ``What concerns me more is that the mayor ought to demand a full report on what happened.''

Hahn spokeswoman Elizabeth Kaltman said the mayor read the district attorney's report but has not seen confidential internal LAPD documents that were turned over to Cooley's office.

The incident is the subject of inquiries by the LAPD's inspector general, the Inspector General, The

drama highlighting foibles of petty officialdom. [Russ. Lit.: The Inspector General]

See : Bureaucracy


Inspector General, The
 FBI and the U.S. Attorney's Office.

At a news conference at the LAPD's 77th Street Station, John Mack John Mack can refer to:
  • John Mack (musician), an American oboist
  • John Mack, the English missionary preacher who worked with Joshua Marshman and William Carey the 18th century Serampore missionaries in India
, head of the Los Angeles Urban League and a member of a panel Hahn appointed to review the Miller case, said he believes Cooley was afraid to file charges because juries refused to convict an Inglewood police officer accused of unlawful use of force in the videotaped arrest of a teenager. The officer and his partner then sued the city.

``It looks like he was scared off in filing,'' Mack said. ``We can't allow our criminal justice system to to run scared in dealing with officer misconduct.''

Mack said he believes there was enough evidence to warrant strong discipline of the officers in the Miller incident.

``Someone should be fired,'' Mack said. ``The others should be suspended.''

Attorney Constance L. Rice Constance L. Rice, also known as Connie Rice, (born April 5, 1956 in Washington, D.C.) is a prominent American civil rights activist and co-founder and co-director of the Advancement Project in Los Angeles. Rice is a graduate of Harvard University (B.A. , who heads a panel looking into the Rampart police abuses, said the decision doesn't mean the officers won't be punished.

``These are two entirely different investigations,'' Rice said. ``Criminality is different from a complete overreaction o·ver·re·act  
intr.v. o·ver·re·act·ed, o·ver·re·act·ing, o·ver·re·acts
To react with unnecessary or inappropriate force, emotional display, or violence.
 and a ridiculous use of force.''

Bratton said six of the nine officers involved, including Hatfield, remain on home assignment. Two are on restricted duty, working in police stations, while one was restored to full duty.

LAPD Capt. Sergio Diaz will review the officers' conduct to determine whether to pursue discipline - ranging from a reprimand REPRIMAND, punishment. The censure which in some cases a public office pronounces against an offender.
     2. This species of punishment is used by legislative bodies to punish their members or others who have been guilty of some impropriety of conduct towards them.
 to job termination - and forward his recommendation to Deputy Chief Earl Paysinger, Bratton said.

If Paysinger concurs with Diaz, the recommendation will go to Bratton, who then must decide whether to formally pursue discipline through the LAPD's Board of Rights. The panel of two officers and one civilian has the final say on officer discipline - a system Bratton and others have sought to change.

``Members of the community should have patience until the process reaches its conclusion,'' Bratton said.

Staff Writers Rick Orlov and Jason Kandel contributed to this report.

CAPTION(S):

photo, box

Photo:

(color) A frame grab from a KABC-TV video shows a car-theft suspect being hit with a large flashlight during his arrest in June.

KABC-TV

Box:

STANLEY MILLER BEATING

SOURCE: District Attorney's Office

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Publication:Daily News (Los Angeles, CA)
Date:Feb 4, 2005
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