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10/11/2005:

"Subject of Taped Beating Says He Was Sober"

NEW ORLEANS (AP) - A retired elementary teacher who was repeatedly punched in the head by police in an incident caught on videotape said Monday he was not drunk, put up no resistance and was baffled by what happened.

Robert Davis said he had returned to New Orleans to check on property his family owns in the storm-ravaged city, and was out looking to buy cigarettes when he was beaten and arrested Saturday night in the French Quarter.

Police have alleged that the 64-year-old Davis was publicly intoxicated, a charge he strongly denied as he stood on the street corner where the incident played out Saturday.

"I haven't had a drink in 25 years," Davis said. He had stitches beneath his left eye, a bandage on his left hand and complained of soreness in his back and aches in his left shoulder.

A federal civil rights investigation was begun in the case. Davis is black; the three city police officers seen on the tape are white.

But Davis, his attorney and police spokesman Marlon Defillo all said they do not believe race was an issue.

"He does not see it as a racial thing," said Davis' lawyer, Joseph Bruno.
apnews.myway.com