FILE - In this Sept. 8, 2015 file photo, deputies, from left, Michael Phelps, Nicholas Downey and Charles Foster appear during arraignment in San Bernardino County Superior Court in San Bernardino, Calif. Foster was convicted Thursday, March 30, 2017, in the televised beating of a man who had tried to flee from the former deputies and escape on horseback. Downey and Phelps were also charged but a jury deadlocked on charges against them and a judge has scheduled a retrial. (Micah Escamilla /Los Angeles Daily News via AP, File)
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