Policeman declines to testify in fatal shooting of cyclist


ORLANDO, Fla. -- The William Lozano defense lasted exactly 10 seconds.

Rather than call any witnesses, lawyer Roy Black, who is defending the suspended Miami police officer charged with killing a black motorcyclist, stood up and said yesterday, "Ladies and gentlemen of the jury: Based on the lack of credible evidence presented in this case, we rest."

The six members of the jury showed no reaction and put down their pens and note pads.

But nearly everyone in the courtroom was stunned.

The risky decision means jurors will never hear from Mr. Lozano, who is charged with two counts of manslaughter for the Jan. 16, 1989, shooting death.

As he did at the first trial in late 1989, Mr. Lozano was expected to testify that he fired at Clement Anthony Lloyd in self-defense. A Dade County jury did not believe Mr. Lozano and convicted him. But the conviction was overturned by a state appeals court in June 1991.

Now, the Orlando jury will hear only from lawyer Black about Mr. Lozano's reason for the shooting.

Even though five state witnesses testified Mr. Lozano wasn't in danger when he fired, defense lawyers apparently believe the prosecution failed to make its case.

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