Evening star. [volume] (Washington, D.C.) 1854-1972, 1922-04-24
Attorney Hints Court Action
To Abs0lue Mrs. Van Winkle

sion upon competent officer. even II
necessary to go beyond the record to
do so, or that the board. with a tran
scendent impudence. has arrogated to
itself the duty of prescribing prin-
ciple of discipline not found in the
manual or in the practice of the de-
partment. Such action would evil
dence a plenitude of gall of the
purest ray serene. Methinks the
trial board might well be furnished
cent founding of its fruitful ina
gination.'
Further down counsel for Mrs. Van
Wrinkle asserts:
ut would not be fair to this short
memorandum to include within it
at the hearing. a copy of which is in
the possession of the Commissioners.
but by referring to 1t. they, as the
trial board, will realize that the YER
dict of not guilty Is the only verdict
that could be returned. They will
there were in truth no charges
against Lieut.. Van Wrinkle and they
must come to the conclusion. as all
who heard the evidence did conclude.
that these charges were filed either at
the request of some one whom 1t was
polite to obey, or because the police
department did not have sufficient
vertebral stamina to Withstand the
noisesome. nauseous publicity calcu-
lated always to keep the police de-
partment of the District OF Columbia
in disrepute.
an all fairness. I ask you as a
board of public servants whether you
will permit an aspersion to be cast
upon public officer who in the per-
Torrance of her duty has been found
or of the police manual What end
can be served by permitting this OBJ
jectionable portion of the trial
boards finding to become part of
the permanent record In the depart
ment.
her no harm this appeal to you would
not be taken. If the recording Of
such a finding could serve a public
interest, that, too. would be superior
to the rights of this appeal. / shall
not believe, until l see it as matter
missioners are willing to permit this
unjust criticism to stand when it is
warranted neither by charges, speci-
fications. evidence nor justice.
"A reflection upon Lieut.. Van Win
kle is also reflection upon the police
bia, and l am unwilling to believe
that the Commissioners will know
ingly permit such a record to stand
when it is within their power by an
appropriate proceeding to reform the
finding of the board to make it ac-
cord with ITS finding Of not guilty"
Future Question Raised.
Mr.. Whiteford asks the Commits
sioners the question, What protec-
ton will any police officer have in
future at the hands of trial board
If 1t is to be permitted to go beyond
the record and the charges in the
matter of returning It's verdict?
1.-The right of police officer to
have a good reputation and to en-
Joy good name in the community
is not thing to be flippantly trifled
with at the hands of a board that
endeavors to impress its personal
predispositions upon the record. If
police officers. coming before the tri-
al board upon charges and speci-
fications, cannot have the assurance
that the finding Of the trial board
is to be fairly based upon the evil
dence and upon those charges, then
there is no hope of justice for a po-
lice officer. and men with q con-
ton In the department will not re-
main on the force. else they, too, may
some day. although held innocent Of
any offense, be pilloried by those
who are willing to go beyond the
record to serve their personal views.
The member of such a trial board
might serve the public better by fid-
ding upon a stick of cord wood with
an able bodied bucKsaw than to be
in a position where they might pub
licly air their assininity and use a
public position to SANDER the repu-
tatien of innocent members of the
force who are SO unfortunate as to
come before them. 1t is mot only the
privilege but the duty of the Com
missioners in cases Of this character
to protect the members of the force
from these indiscretions Of the trial
board, and to assure the members of
the force that trial will be had up
on charges and specifications, and the
evidence adduced, no less and no
more"