SACRAMENTO, CA San Francisco state senator Quentin Kopp was 50 frustrated by the outcome of the 0. J. Simpson trial that he again has introduced a bill to replace the “not guilty” verdict with “not proven.”

Kopp, the San Francisco independent, said the bill’s intent is not to change the standard for guilt, but to make clear that ‘Simpson and others found not guilty are not necessarily innocent. It means only that prosecutors failed to prove their guilt ‘beyond a reasonable doubt.

“Guilty is an understandable verdict  … bout ‘not guilty’ is a fiction.” Kopp said last week. “The jury renders a verdict of ‘not guilty,” and people assume that the Jury has concluded the defendant is innocent, and that’s not true.”

The American Civil Liberties Union opposed a similar bill that Kopp introduced in 1993. It would have allowed verdicts of “guilty,” “not guilty,” or “not proven.” That bill died in committee.

The ACLU remains opposed, “No defendant could completely clear his or her name, basically, and the defendant would carry the lifetime label of ‘a little bit guilty,’ said ACLU lobbyist Francisco Lobaco.

“What is the compelling justification to change the system that has worked rather well for hundreds of years?” Lobaco asked.

 

Kopp said defendants found “not proven’ under his new bill could petition a judge w formally clear their record.

Kopp contends the change of phrase could have prevented rioting that swept Los ‘Angeles in 1992 when four Los Angeles police officers were found not guilty of beating motorist Rodney King, [S.F.C.1/ 25/96).

Article extracted from this publication >>  February 28, 1996