State Case Against Powell Likely to Be Dismissed : Courts: Judge indicates that federal trial of officer accused in King beating will cover the same ground.

The remaining count against Los Angeles Police Officer Laurence M. Powell in the beating of Rodney G. King is likely to be dismissed once a federal trial on similar charges begins, the prosecutor and the judge in the case said Friday.

“We will make a motion to dismiss at the time a federal jury is sworn in,� said Deputy Dist. Atty. Terry White during a brief hearing in Van Nuys Superior Court.

Superior Court Judge Stanley M. Weisberg said he would grant the motion because the federal trial--scheduled to begin Sept. 29--would in effect constitute the retrial of the single charge on which a Ventura County jury deadlocked in April.

“It should not matter whether that retrial occurs in state court or in federal court,� Weisberg said.

A status conference on the state case was set for Dec. 4, at which time the charge could be formally dismissed.

Powell’s attorney, Michael Stone, wanted the charge dropped immediately. But Powell said he was pleased that prosecutors would agree to a dismissal before awaiting the outcome of the federal trial.

If the charge is dismissed, county prosecutors would be barred under state law from refiling it even if the federal trial results in an acquittal.

Stone said he will continue to seek a change of venue for the federal trial. But the defense attorney said he has withdrawn his request to change the location of the state retrial because of Weisberg’s indication that the charge will be dismissed.

On Aug. 4, a federal grand jury indicted Powell and three others on civil rights charges in the March, 1991, beating of King, which was videotaped and shown worldwide. Powell, Officer Theodore J. Briseno and former Officer Timothy E. Wind are charged with beating King and violating his rights to be secure and free from unreasonable force. Sgt. Stacey C. Koon is accused of failing to prevent the assault, thereby violating King’s right to be free from harm while in custody.

The four were acquitted April 29 on all state counts connected to the beating, except the one accusing Powell of using excessive force under the color of authority.

Last week, citing the federal indictments, Weisberg postponed the Oct. 19 date for the retrial of the count against Powell. At the time, however, White said he did not view the state case as an obstacle to the federal case.

On Friday, White said the prosecutor’s office changed its position because Weisberg appeared intent on not having two trials. “He made his position quite clear last week,� White said.

White said it “doesn’t matter� that he will not get the chance to retry Powell. “Justice will be served by the federal court,� he said.

When asked by a reporter outside the courtroom if he was pleased to be done with the controversial case, White said, “I’m pleased I won’t have to answer these questions anymore.�