Evening star., 1928-01-27
CHANGE IN POLICE
TRIAL BOARD URGED
Trade Body Committee Ad-
vocates Different Personnel
and New Policies.

nous report SuDmlCteu tOOdy ny SuO-
committee to the public order commit
tee of the Washington Board OF Trade
at meeting Of the committee In the
| Raleigh Hotel
| The report. which was signed by
| Claude w. Owen. chairman; w. Pearce
Rayncr and Fred A. Carter. charged
that frequently the penalty assessed
by the Trial Board has not been con-
sistent with or commensurate to the
| ofense committed" and advocated that
an Assistant Engineer Commissioner be
chairman Of the reorganized board.
with a police officer of the grade OF
captain or higher and civilian as his
colleagues. Enlarged authority for the
| board to initiate investigations itself
and review only of a case by the Dis
| trict Commissioners were likewise urged.
MIR. Owens group has been studying
| the whole subject for about q month.
Specific Recommendations.
The subcommittee specific recon-
| mendations were:
First. The Trial Board should be
| composed of three men, one of whom
| should be a police officer of the grade
| OF captain or higher. one Army officer,
| who Is an Assistant Engineer Commits
s.oner. and one civilian, the Army Of
| ficer to be chairman of the board.
"Second-Trial Board hearings should
be held at some place other than a
police precinct, preferably at the Dis
trict Building.
"Third-Civilicn should file COM
! plants with tn Office of the corpora
ton counsel, which complaints should
| be under oath. 1t should be the duty
of corporation counsel to investigate
| and prosecute such cases.
| 'Fourth-Civilian should have the
right to be represented by personal
counsel and. as well as the corporation
counsel. should have the right to ex-
anime and cross examine witnesses for
both sides
| "Fifth-The Trial Board should have
the authority to institute an investiga-
| tion OF its own motion or to broaden the
scope OF, or cause further investigation
of cases referred to 1t.
| "Sixth-When the evidence Is such
as to lead the Trial Board TO believe that
| the defendant policeman has violated
| any law of the United States or any
law or municipal ordinance of the Dis
| trict OF Columbia. the chairman OF the
Board should Immediately notify the
/ corporation counsel, whose duty II
| should be TO see that the defendant is
| forthwith prosecuted for his ofienSe un-
| less. however. the defendant has been
previously prosecuted for the offense In
question.
"Seventh-The Commissioners should
not have the authority to modify the
findings Of the trial board and penalty
imposed But they should have the
| authority to review q case which has
been decided by the trial board and
| return 1t 10 the board for retrial when,
and only when. 1t believes the defend
ant has not received fair trial, or
should find in the record such grounds
for new trial as would pustify q court
OF law in granting a new trial to de-
fendant"
Civilian Complaints.
In the course OF It's report the SUBJ
committee asserted: We have observed
that where cases primarily involve in.
jury TO the person or damage TO the
property OF civilian there Is less inter-
est manifested and the penalty corre-
spondingly lighter.
Civilian complainants are at q dis
advantage before the trial board, as
their complaints must now be made
TO the Police Department and inyesti-
gated by that department and often
by precinct friends OF the accused
officer"
Quoting chapter II. section !, Of the
manual OF the Metropolitan Police DE-
partment. the report said that "the trial
board has authority 10 try all policemen
for infractions OF discipline. as set forth
In the manual. and impose penalties" .
This action. however. Is subject Ia
| review by the Commissioners" the re .
port continued, ''and may be lowered
or set aside by them. SO that In the final
analysis responsibility for discipline I'm
the department. so far as the trial board
concerned. rests largely with the
Commissioners. II is within their power
TO reduce or entirely wipe out the pen
atty imposed This authority. we be-
| lieye, Is a mistake.
There have been cases where the
trial board recommended adequate PEN
| altieS or dismissal from the force, which
have been reduced or set aside by the
Commissioners. and men whose service
! 10 the force Is OF doubtful value have
| been permitted TO remain. This. In our
opinion. has been a detriment OF dts
| dpline."
Would Move Court.
| Recalling that the private citizen does
not have the absolute right TO be repre-
sented and advised by counsel" the re-
port pointed out that "ail trial board
| hearings are held at No. police sta
ton. and when private citizen Is the
| complainant both he and his witnesses
suffer from the unconscious intimida-
| ton OF the surroundings and setting OF
the court, all Of which is favorable TO
| the case OF the defendant"
II Is the opinion OF this committee
| that the fear that most citizens have
| OF giving otfense 10 n policeman not
| only works against the best efforts OF
| police officials themselves TO get true
testimony from civilians. but has pre-
vented the Ming of any complaint
whatever In some very serious cases. -
| the report charged
THE Trial Board as now constituted
merely sits as court, and It's decision
! Is determined by the evidence presented
| before IT, II does not have the authority
to originate an investigation or broaden
the scope OF case referred 10 It by
further investigation instituted upon its
own motion, We believe II should have
this authority and where found adyis-
able II should do sd.
Thus committee feels. however. that
the Trial Board In Its decisions Is only
| one Of the factors involved aud that
better training and better direct super
vision OF the police would obviate many
OF the cases which now are referred TO
the Trial Board" the report asserted.
The report cited the point that the
major and superintendent Of police
has no power 10 p,tniah or dismiss
| police ofticer for infraction of the
rules, conduct detrimental 10 the good
ot The service or even for incompe-
tency"
$50 Cascs In Year.
pending trial or transfer the accused" ="
the report added,
f.naA that a.. kha