Evening star., 1949-09-10
.Shimon Report
loco 10 Justice
Department
Fay Refuses to Handle
Case, Returns Data to
Police Superintendent


United States Attorney George
Morris Fay has decided to let
the Justice Department.. rather
than himself, decide whether 1t.
Joseph Shimon has done anything
to warrant prosecution.
A police report on the activities
of the former chief investigator
in the United States attorneys
office was sent to Mr.. Fay by
Police Supt. Robert j. Barrett
Thursday. Maj. Barrett said he
sent the report to Mr.. Fay as the
prosecutor.
Mr.. Fay lost only a day in
sending the report back to Mai.
Barrett. He told reporters he
had not read the report before
passing it back to the police chief.
The prosecutor told Maj. Barrett
that since the police superintend-
ent had consulted with the Justice
Department before starting his
investigation of 1t. Shimon last
month, the Justice Department
should get the case for it's study
and consideration.
The official reason for this de-
clslon was that the case fell within
the jurisdiction of the Justice De-
partment because Maj. Barrett
went there first.
Case Is Hot Potato.
Unofflcially, Mr.. Fay appeared to
be loath to make a decision in a
case where he is virtually an in
terested party since 1t. Shimon
was assigned to his Office.
In addition. the case has be-
come a hot potato. 1t involves
complaints that 1t. Shimon was
connected with divorce proceed
ings of a socially prominent
Washington couple. This, COM
bined with a complaint alleging
overlapping, sent Maj. Barrett
to the Justice Department in the
first place.
Mr.. Fay's contention is that
Maj. Barrett should continue to
deal with the Justice Department
rather than his Office.
This is not the first time Mr..
Fay has tossed the ball to the
Justice Department in a case in
volving policemen. When Mai.
Barrett sent Mr.. Fay an investi-
cation of complaints that Sergt.
James Roche and Pvt. Angelo
BonaccorSy beat up a cab driver
last January, Mr.. Fay sent the
report to the Justice Department.
Special assistants in the Justice
Department took the case to the
grand jury, but it was ignored.
Barrett Leaves for Texas.
Maj. Barrett got the Shimon
report back from Mr.. Fay just be-
fore leaving yesterday for the
police chiefs convention in Texas.
He told Capt. Robert v. Murray.
assistant chief of detectives. to
take the 12-page report to AS
slstant Attorney General Alexan-
der M. Campbell.
So far. the only part of the
Shimon investigation that has
been made public concerns a year.
old case in which Maj. Barrett
says 1t. Shimon withheld evi-
dence.
Maj. Barrett told reporters 1t.
Shimon more than likely" would
be cited before the Police Trial
Board on a charge of "negli-
gence in handling evidence"
In the course of the investiga.
ton of other complaints against
1t. Shimon. Maj. Barrett said, a
small quantity of narcotics was
found in 1t. Simmons desk. Mai.
Barrett said these narcotics were
part of the loot of a gangster.
Henry (Big Boy Milton, who was
killed by police during a drugstore
burglary last year.
In disclosing the narcotics find,
Maj. Barrett said no other action
was contemplated against 1t.
Shimon pending the outcome of
Mr.. Fay's study of the police re-
port. Presumably, Mai. Barrett
will now withhold any further de-
cislon in the case until he hears
from the Justice Department,