“It used to be that minorities were the target of government prosecutions on a disproportional level,” Barnett says. “Now it’s policemen.”
you’ve seen the video.’ Almost everybody.
‘And keep your hands up if you think the
guys are guilty.’ So about 95 percent of the
people keep their hands up. Well, those
people are excluded. So we’re going to start
with a pool of jurors who have seen the best
evidence the prosecution has and doesn’t
think it’s enough.
“That gives us a very favorable jury pool.”
During the case, Barnett argued that
Briseno was trying to stop the other
officers; that he felt too much force was
being used on King. Since all four officers
were acquitted in the state trial, he says it
was perhaps an unnecessary defense. Then
he adds, “I think that’s what saved him in
the federal trial.”
After their acquittal in Simi Valley, and
the subsequent riots in LA that led to 54
deaths, the four officers were charged in
federal court on civil rights violations. Officer
Laurence Powell and Sergeant Stacey Koon
were found guilty, while Briseno (represented
by Harland Braun) and Timothy Wind were
again acquitted of all charges.
Barnett estimates cops now make up 25
percent of his practice.
“I’m not saying that all of the attention
that’s given to the prosecution of the police
officers is without any basis,” Barnett
says. “If the police are committing crimes,
that does create a special problem. The
problem is [we] tend to go overboard in
correcting it.”
AS FOR WHAT MAKES A SUCCESSFUL
LAWYER?
Empathy helps, Barnett says. “I think
that you have to understand the human
condition,” he says. “And that means
on both sides of it. You have to have
understanding—and not just of your
client, but of the witnesses and of the
jury. You have to understand everybody’s
position, so that you can try to predict how
they are going to act, and how they are
going to decide.”
Ego? Just gets in the way. “You have to
get over yourself and recognize that it isn’t
about you,” he says. “You have to recognize
that it’s about the system and it’s about
the case and it’s not about you. And that
is a hard thing for lawyers to do. But if you
enjoy the process and you don’t have fear
of the result, it allows you to try a wide
variety of cases and gain the experience
that is necessary to be successful.”
But Barnett says that the key to his
practice is a simple mantra he learned
while at the public defender’s office: Don’t
be afraid to try the case.
