Evening star., 1952-12-02
2.to.1 Verdict
Clears Shimon in
Wire-Tap Case
| Police Trial Board
Criticizes Handling
| Of Accusations


A police Trial Board, sharply
critical of the handling of accuse.
tions stemming from 1t. Joseph w
Simmons wire-tapping activities
yesterday acquitted him by split
decision.
In their majority opinion, Hoarc
Chairman Albert E. Steinem anc
member H. Clay Espey pointed
to the lapse of time before the
charges were drawn and to the
fact that 1t. Shimon had once
been disciplined by transfer tc
another precinct.
They also pointed out that, II
1t. Shimon were guilty. those who
testified against him-policemen
who tapped wires at his direction
equally guilty.
A dissenting opinion from
board member Louis Urow indi-
Gated the charges were loosely
touching only the outer
edges of the incidents around
which they centered.
Questions Unresolved.
"A charge encompassing the es-
Sence OF respondents misconduct
might well have implicated an
influential member of the United
States Senate, and it may have
been deemed impolitic, as a prac-
tical matter, to risk the animus
of one whose power over appro-
priations could be exercised vim
dictively." Mr.. Urow wrote
6. serious questions must be
left unresolved."
The disciplinary charges against
the No. 2 precinct lieutenant
stemmed from a private investi-
cation he conducted for former
Senator Brewster, Republican, of
Maine, during war contracts hear
ings in 1947.
In a review of the case, the
opinion declared:
Respondents activities, on
which the present charges were
based, have been considered by
the United States Attorney, the
Department of Justice and a grand
jury all without action being
taken against the respondent by
any of these agencies"
They said overlapping ap-
peared to be a frequent practice
and was generally known in the
police department "some years
back, and also, strangely enough,
. no circular, general order or
regulation has ever been published
to the police department that 1t
shall not be DONE"
Subordinates Not Accused.
In the charges centering specif-
ically on the wire-tapping, the ma
jority opinion pointed up the fact
that 1t. Simmons subordinates
who actually did the wire tapping
appeared to be equally implicated
with him. "but no action appar-
emily has been taken against
them
Concerning charges that 1t.
Shimon made false statements to
his superiors and to a Senate wire
tapping subcommittee. the board
held:
1T is arbitrary and unreason-
able to make charges of false
statements on statements about
collateral and incidental details
in connection with the events
made by an accused two or more
years after the events under in
vestigation."
The board recommended that
there should be a time limit set
between an alleged violation and
the beginning of trial board pro-
ceedingS.
Some Charges Held Proved.
MIR. Urow, in his dissenting
opinion, said he felt some of the
charges against 1t. Shimon had
been proved. He disagreed with
the majority on setting a time
limit for bringing charges. He
also disagreed that any misstate-
ments that may have occurred
were the product of a faulty
1T does appear that the Police
Department procrastinated unduly
In bringing these charges" Mr.
Urow said. ". Manifestly, it
was unjust to respondent and
contrary to the best interests of
discipline and morale in the Po-
lice Department, to permit in
choate charges to impend for
such a protracted period"
Police Chief Robert v. Murray
said the trial boards action dis
missing the charges against 1t,
Shin0n c10SaS tho fayood Cb;ooon