In Chief Parker’s world, race relations had a “through the looking glass” quality. The LAPD arrested a higher percentage of minorities than other big-city police departments because it enforced the law more equally than other departments. Race relations in Los Angeles seemed bad because race relations were so good that the city had become a target for agitators. Unnamed forces, Parker insisted, had chosen Los Angeles as “a proving ground” for their strategy of damaging the police precisely because it took racial complaints so seriously. Fortunately, the chief asserted, it wasn’t working. “Negroes,” he confidently asserted in the summer of 1963, “aren’t ready to make big demonstrations.” Nor would he permit the threat of disorder to intimidate the department into unilaterally disarming.
“This city can’t be sandbagged by some threat of disorder into destroying itself,” he told
The country’s greatest police department would not allow its youngest great city to go up in flames.
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—Mickey Cohen
IN JANUARY 1962, the U.S. Court of Appeals for the Ninth Circuit upheld Cohen’s tax conviction. Mickey returned to Alcatraz. But two weeks later, U.S. Supreme Court Justice William Douglas stepped in again, allowing Mickey to leave on bail once more while the U.S. Supreme Court considered his final appeal. Soon thereafter, a reporter for the
Cohen’s indictment arose from statements LoCigno had made in prison. Mickey’s junior henchman had confessed to a priest that he had not, in fact, shot Whalen but had agreed to be the fall guy after Mickey Cohen promised him a large cash payoff and a short prison term. He’d gotten neither. The priest in turn tipped off prosecutors in L.A. to the fact that LoCigno might be willing to talk. An agent then came up to pay LoCigno a visit. “I didn’t do the shooting,” he told the agent in their first meeting. “I can’t tell you who did but I can get someone to lead you to the gun.” A friend of LoCigno’s took investigators to a popular make-out spot on Mulholland Drive. There police found a rusty revolver that matched the type of gun fired in the Whalen killing. They quickly traced the gun’s ownership to another member of Mickey’s party, Roger Leonard.
Although he was willing to talk with authorities, LoCigno wasn’t willing to finger Leonard or anyone else as the actual gunman. Instead, at the second trial, LoCigno largely repeated the account he had given the jury in his first trial. The prosecution tried to offset this problem with a new witness—a USC student/model who had been dating Candy Barr’s manager at the time. The fearless coed testified that Barr’s manager had warned her that “there’s going to be trouble at Rondelli’s” and later said, “it was stupid to put all the guns in the trashcan.” However, she didn’t identify Mickey as the gunman either, and much of her testimony came perilously close to hearsay. The gun police had recovered following LoCigno’s suggestions was too rusty to be positively identified as the murder weapon. In short, prosecutors had very little in the way of new evidence that could tie Mickey to the shooting.
Cohen’s attorneys did not hesitate to make this point. “If you convict Mickey Cohen in this case,” declared his attorney during his closing statement on April 4, “you’ll be convicting him only because he’s Mickey Cohen, not because he’s guilty.” The following day, after a four-hour closing argument accusing Cohen and his attorneys of weaving “a web of deceit” around what prosecutors claimed was a premeditated conspiracy to kill Jack Whalen, the prosecution rested its case. On Thursday, the jury—eleven women and one man—retired to deliberate. By the end of the day Friday, they still had not reached a verdict. The presiding judge ordered them sequestered over the weekend.
On day four of the jury’s deliberations, newspaper columnist Paul Coates tracked down Cohen and found him “half-dozing in a Beverly Hills barber’s chair.” A manicurist was buffing his nails. A shoeshine boy was hard at work polishing his brand-new Florsheims. As Coates pondered the question of how a man who at any moment could be condemned to death could be so relaxed, the radio crackled to life.