Evening star., 1953-03-05
Sex Psychopath
Wins Fight for
New Quarters
St. EIizubeths Told
To Move Man From
Ward for insane
BY Howord [. Dutkin

Sex psychopaths may not be
confined in wards with the
violent and criminally insane,
the U. S. Court of Appeals for
the District of Columbia held
today in an unprecedented
opinion.
The tribunal ordered the lower
court to investigate the allega-
tions of sex psychopath that
he has been confined to a ward
for the criminally insane at St.
ElizabethS Hospital.
The man complained in an
appeal for a writ of habeas
corpus that he had been at
tackled by deranged fellow
patients in shackles and, in the
words of the opinion. described
''noiSome, unnatural and violent
acts" by his fellow inmates in
Ward of Howard Hall at the
hospital.
Howard Hall, according to DR..
Samuel Silk, associate superin-
tendent Of the hospital. is a
maximum security building
where patients are held who are
under criminal charges or facing
such charges.
Divided by Behavior.
DR.. Silk said the patients are
divided into wards in the build
ing on the basis of their be-
havior. He refused to say what
type of patient is assigned to
Ward 6.
The current case involves
Robert H. Miller, 46, formerly Of
AIT Sixth street NV, who was
charged with taking indecent
liberties with a 14-year-old girl
and sodomy.
Two psychiatrists in 1852
stated that Miller was a sexual
pSychopath and not insane.
The U. S. District Court for
the District of Columbia ordered
Miller confined to St. Elizabeths.
as required by the 1948 Sexual
Psychopath Act, until he recov-
ers sufficiently so as not to be
dangerous. On release, he is
subject to trial.
Attorney Charles E. Smoot.
appointed by the court to defend
Miller. asked Federal Judge
Frank Dickinson Let's in the
U. S. District Court to issue
writ of habeaS corpus for Miller
on the grounds that he was be-
ing subjected to cruel and un-
usual punishment in violation Of,
the Constitution. Judge Let's
refused the writ request. Action
of the appellate court today re-
versed his judgment.
Statute Violation Ruled.
The appellate court made It
clear it was not ruling on the
constitutional issue. But we
think this confinement as de-
Scribed violates. both the
terms and the spirit of the (s,x
psychopath) statute" the ruling
said
The court pointed out that the
statute describes a sex pSycho-
path as a person who is not
insane but is unable to control
his sexual impulses to such a
degree as to be dangerous.
The court pointed out: Both
the intent and terms of this
statute are for commitment Of
these persons to a hospital for
remedial treatment. They are
denominated patients They
are not confined for violations
of law.
"The incarceration of this
prisoner in a place maintained
for the confinement for the
violent, criminal, hopelessly
insane, instead of a place de-
signed and operated for the
treatment Of the mentally III
who are not insane is not au-
thorized by the statute"
Hospital Overcrowded.
The statute specifies st. Eliza
beths as the place for treat
ment for sex psychopaths. For
some time the institution has
been plagued by overcrowding.
Recently it was revealed that a
number of persons ordered COM
mitted to the hospital have been
held in the District Jail for
lack of bed space.
Records show a total of three
persons committed to the hospi-
tai by District Court from Jam
uary 1852 to February of this
year. Two persons were sent by
Municipal Court last year.
In concluding its opinion the
court said that it would remand
the case to the District Court
with instructions that if investi-
CATION shows Miller's charges to
be true, the court order st.
Elizabeths authority to transfer
Miller ito a proper place." The
opinion was written by Judge E.
Barrett Prettyman and concur
red in by Judges Wilbur King
Miller and Charles Fahy.
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