cops say the video tape of police beating up a 64 year old black man doesnt tell the full story. (they always says this when they get caught in the act on video tape) Original Article Police lawyer: Video fails to tell full tale of Bourbon Street arrest Ross Sneyd Associated Press Oct. 13, 2005 08:15 AM NEW ORLEANS - A lawyer for the officers accused of beating a retired teacher as they tried to arrest him said a videotape of the Bourbon Street confrontation doesn't tell the whole story. Attorney Frank DeSalvo disputed details the video shot by Associated Press Television News appears to have captured, including whether the 64-year-old suspect was punched in the face. "I see an incident of a man trying to be brought under control who doesn't want to be brought under control," DeSalvo said Wednesday. The man who was beaten, Robert Davis, pleaded not guilty to charges of public intoxication, resisting arrest, battery on a police officer and public intimidation. Davis has described himself as a recovering substance abuser who has not had a drink in 25 years. His lawyer asked prosecutors to dismiss charges, but his trial was set for Jan. 18. The two city officers accused in the beating, and a third accused of grabbing and shoving an APTN producer, are due to go on trial on battery charges a week before Davis' trial. Davis' lawyer, Joseph Bruno, said the APTN videotape of the confrontation shows his client being brutalized by police for no reason. After the arraignment, however, leaders of the city's police union offered their own interpretations. Police union officials described Davis as so intoxicated that he staggered down the street, stumbled into a police horse and became belligerent when officers intervened. DeSalvo said police union officials had "broken the thing down frame by frame" and saw officers trying to bring under control an angry man. "He brought it on by his actions," DeSalvo said. No tests for intoxication were administered following the arrest. In such cases, judges typically rely on officers' observations, said police spokesman Marlon Defillo. The officers involved in the incident - Lance Schilling, Robert Evangelist and S.M. Smith - did not speak during the news conference. DeSalvo said Schilling and Evangelist hit Davis' shoulders, and he denied the arrest was as violent as has been portrayed. "He clearly was not hit in the face," DeSalvo said. DeSalvo also disputed Davis' lawyer's contention that Davis suffered fractures to his cheek and eye socket. DeSalvo said the injuries were scrapes caused when he was placed face down on the pavement. The three officers have been suspended without pay. Lt. David Benelli, president of the police union, said the suspensions would be appealed, although that's been delayed by a city government stalled in the aftermath of Hurricane Katrina. Davis did not speak to reporters after his arraignment. He has said he approached a mounted police officer to ask about the city's curfew while searching for cigarettes on Bourbon Street and a confrontation ensued with another officer. DeSalvo also claimed that APTN producer Rich Matthews grabbed Smith and spun him around before the officer responded by pushing the producer away from the arrest. The video shows that when Matthews held up his media credentials, the officer shoved him backward over a car, jabbed him in the stomach and unleashed a profanity-laced tirade. Matthews, who was not charged, disputed DeSalvo's account and said he never touched the officer.