2 Officers Convicted of Assault Want Verdict Set Aside

Defense attorneys for two police officers convicted of assaulting a suspect said they would try to get the verdict set aside because the highly publicized Rodney King case in Los Angeles may have swayed jurors.

Harvey Love, 34, of the San Diego Police Department, and William Jacob Rudershausen, 35, of the National City Police Department, were found guilty Tuesday of misdemeanor assault under the color of authority.

Defense attorney James M. Gattey said Wednesday that he believes the jury was influenced by publicity about King, a black man who was beaten by Los Angeles police while a bystander videotaped the scene. Four officers have been charged with felony assault in the nationally famous case.

Prosecutors in the San Diego case said Love kneed a suspect in the groin and struck him in the stomach during a January drug raid. Rudershausen was accused of slapping the handcuffed man on the back of his head with an open hand.

Attorneys for both detectives said they would ask Municipal Judge Jay M. Bloom to set aside the verdict. If he does not, they plan to appeal.

“This has been the biggest miscarriage of justice I’ve ever seen,” Gattey said. “The message to the public by this type of verdict will prevent law enforcement officers from doing their job.”

Love and Rudershausen were convicted in the Jan. 24 beating of Alphonso Reyes, 20, who later was convicted of a narcotics offense. Reyes is currently serving a one-year jail term.

National City Sgt. Don Berstler testified that he saw Love knee Reyes in the groin and strick him in the abdomen with his fists. Berstler said he yelled at Love to “knock it off” as he hit Reyes.

Love testified that he thought Reyes was attempting to destroy evidence by eating narcotics. Love said he also thought Reyes was trying to hurt a fellow officer.

After Reyes was handcuffed, Rudershausen slapped him on the back of his head with an open hand, Berstler said. Rudershausen did not testify during the trial.

Reyes, who was called to testify, said he was struck by an officer he could not identify. Reyes said he thought Love was standing behind him when he was kneed.

Love and Rudershausen each face a maximum penalty of a year in jail and a $1,000 fine. Sentencing was set for Sept. 24.

San Diego Police Cmdr. Larry Gore said Love would remain on the job while an administrative review is conducted.

National City Police Capt. Tom Deese said Rudershausen would remain on administrative leave pending a departmental review of the case.