Evening star., 1952-08-02
Almond Urges
Tighter Law on
Fugitive Patients
Agrees With Judge
In loudoun in Wake
Of Three SIoyines
By the Assoeie,ed Press

ey the Assoeiafed Press
RICHMOND, Va, Aug. AIT
torney General j. Lindsay Almond,
jr.. agreed with the judge of LOU
doun County Circuit Court today
that some revision needs to be
done by the General Assembly on
the laws dealing with fugitive
mental patients.
Judge j. r. H. Alexander of
Leesburg and the Attorney Gen.
eral both presented their views
to Gov. Battle on the loopholes
in the law as the result of the May
28 Staying Of three persons by
Maurice Ray Fox. an escaped pa
tient from Western State Hospital
at Staunton.
The governor felt there had
been "some neglect somewhere
along the line" in handling the
escape. This was in view of the
fact that Fox had been at large
for 18 days before the slayings and
his whereaboutS-at the home of
his 75-year-old mother, Mrs. Ida
Fox, near Leesburg - had been
known to hospital authorities for
most Of that time.
Fox shot and killed his father,
William F. Fox. 10: Robert O'Con-
nor, AZ, an airline pilot of Falls
Church. and Miss Lillian Hove,
"a, Of Alexandria, a friend of Mr..
O'Connor.
Poor Judgment Charged.
In the preliminary investiga-
ton, the acting superintendent of
Western State, DR.. c. G. Holland,
said he felt he had taken the
proper steps by having a warrant
issued for the fugitive and leaving
the matter in the hands of the
police. The director of the State
Department of Mental Hygiene
and Hospitals. DIR. Joseph E. Bar
rett, said that "as it turned out"
DR.. Holland used poor judgment
In failing to tell police that Fox
was at his mothers home two
weeks before the shootings.
The Staunton Police Chief and
the Sheriff of Loudoun said they
hadn't been informed by the hos
pital Of Fox's whereabouts and
the Sheriff. Roger E. Powell, said
he had never seen the general
teletype alarm sent out on the
basis of the original warrant.
Judge Alexander told Gov. Bat
tie that after examining the laws
on the subject he was convinced
no official could be called al
"scapegoat" in the case. Judge
Alexander said his conclusion
was that the fault was not with
any one person but was due
mostly to "the paucity of statu-
tory laws on the subject"
Superintendents Duties Cited.
The Attorney General, who
checked the judges views against
the statutes, agreed that the Cen
eral Assembly should tighten up
the laws. He said, however:
lit would seem to be the plain
duty Of the superintendent, even
after a warrant had been issued
in the first instance, to issue an
other or other warrants directed
to an officer authorized to make
arrests. whenever such superin-I
tendent received information as to
the whereabouts of the escaped
person."
Mr.. Almond said he concurred
in the judges view that the stat
ues dealing with the escape of per-
sons from penal institutions do not
apply to persons who escape from
mental institutions. The reason
ing here was that man. adjudged
an incompetent and as such al
ward of the State, cannot be held
responsible for crime.
"Since the escape from a mental
Institution is apparently not a.
crime" said the Attorney Gen.
eral, "the Sheriff of Loudoun
County would have no authority
to arrest such a person charged
with escape from a mental institu-
ton under provisions of (the
general statute)."
Lack Of Authority Seen.
Even if the Sheriff of Loudoun
County had received teletype in
formation or information in some
other form that the fugitive pa
tient was in his area. Mr.. Almond
added. he still wouldn't have had
the authority to make the arrest
without a warrant directed spe-I
cifically to him by the superin-
tendent of the hospital. Mr.. AL
mond said he felt as Judge Alex
ander did-that the matter should
be put before the General Assem-
bly-and added:
"It is my feeling that the most
practical way to handle the mat
ter would be enactment Of legisla-
tion to require the superintendent
Of the institution to issue the
warrant directed to the superin-
tendent Of State Police who,
in turn. would be required by ra-
dio. teletype, or other informa-
tive means, to call upon the peace
officers of the various political
subdivisions to make the arrest
and to deliver the body of such
person to a State police officer for
return to the hospital. -.
Because of situations of emer-
gency which could arise in con-
nection with danger to the public
resulting from the escape of an
inmate of q mental institution, 1t
might be better to require the
superintendent Of State police to
act upon information Of the
escape received from the superin-
tendent of the institution. without
waiting for receipt Of the warrant
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