CBS/AP/ February 11, 2009, 7:05 PM

New Orleans Man: I Wasn't Drunk

A retired elementary school teacher who was repeatedly punched in the head by police in an incident caught on videotape said 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.

CBS News correspondent Byron Pitts reports that it is a violation of the New Orleans Police Department's policy to strike a suspect in the head, but Davis was

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 Monday. 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. Police spokesman Marlon Defillo said race was not an issue.

Two city officers accused in the beating, and a third officer accused of grabbing and shoving an Associated Press Television News producer who helped document the confrontation, pleaded not guilty Monday to battery charges.

A trial date was set at a hearing Monday for Jan. 11. Afterward, officers Lance Schilling, Robert Evangelist and S.M. Smith were released on bond. They left without commenting.

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