04:29 PM CDT on Monday, October 10, 2005

Associated Press

A retired elementary school teacher who returned to the storm-struck city over the weekend to check on his properties was searching for cigarettes when he was arrested and repeatedly punched in the head by police, the man's lawyer and his father said Monday.

Robert Davis had not been drinking before he was beaten and taken into custody Saturday night, said attorney Joseph Bruno. The lawyer's comments contradict police reports that allege Davis was publicly intoxicated.

Associated Press

Police officers subdue a man on Conti Street near Bourbon Street in the French Quarter of New Orleans Saturday night, Oct. 8, 2005. At least one police officer repeatedly punched the 64-year-old Robert Davis, accused of public intoxication, and another officer assaulted an Associated Press Television News producer as a cameraman taped the confrontations.

Meanwhile, a federal civil rights investigation was opened into the beating of the 64-year-old Davis, an incident that was captured on videotape.

The two city police officers accused in the beating, and a third accused of grabbing and shoving an Associated Press Television News producer who helped capture the confrontation on tape, pleaded not guilty to battery charges and were released Monday.

After a brief hearing, at which trial was set for Jan. 11, officers Lance Schilling, Robert Evangelist and S.M. Smith were released on bond. They quickly left in cars without commenting.

They were suspended without pay Sunday, police spokesman Marlon Defillo said. The police promised a criminal investigation.

"It's a troubling tape, no doubt about it," Defillo said.

Two other officials in the video appeared to be federal officers. Numerous agencies have sent officers to help with patrols in the aftermath of Katrina, and Defillo said it would be up to their commanders to decide if they would face charges.

Stephen Kodak, an FBI spokesman in Washington, said none of that agency's agents had been disciplined.

He said the U.S. Department of Justice had opened a civil rights probe and the FBI was taking part in the investigation. Kodak referred questions to a Justice Department spokesman, who did not immediately return a message seeking comment.

The confrontation came as the New Orleans Police Department -- long plagued by allegations of brutality and corruption -- struggles with the aftermath of Hurricane Katrina and the resignation last month of Police Superintendent Eddie Compass.

The APTN tape shows an officer hitting Davis at least four times in the head outside a French Quarter bar. Davis appeared to resist, twisting and flailing as he was dragged to the ground by four officers. Davis's lawyer said his client did not resist police.

"I don't think that when a person is getting beat up there's a whole lot of thought. It's survival. You don't have a whole lot of time to think when you're being pummeled," Bruno said.

Another officer also kneed Davis and punched him twice. Davis was pushed to the sidewalk with blood streaming down his arm and into the gutter. The officers accused of striking Davis were identified as Schilling and Evangelist.

Bruno said his client suffered fractures to his cheek and eye socket, and scrapes and bruises, but was expected to recover.

"He is an extremely articulate, a really sweet guy," Bruno said, adding that Davis was not indicting the entire force for the incident.

"He is so grateful for the work that most of the police officers did," Bruno said. "There's always a few bad apples in every basket."

Bruno said his client was a recovering narcotics abuser who hadn't had a drink or taken drugs in "years and years. He was not taking anything."

During the arrest, another officer, identified as Smith, ordered an APTN producer and a cameraman to stop recording. When Matthews held up his credentials, the officer grabbed the producer, leaned him backward over a car, jabbed him in the stomach and unleashed a profanity-laced tirade.

Smith is an eight-year veteran of the force, while Evangelist and Schilling have served three years each.

Police said Davis was booked on public intoxication, resisting arrest, battery on a police officer and public intimidation.

The head of the New Orleans police union said the officers told him they had acted appropriately.

"What they told me ... is they feel they were justified in their actions and they were using the amount of force necessary to overcome the situation," Lt. David Benelli said.