Evening star., 1954-01-08
Justice Department
Presses lis Appeal
On Barring Testimony

review lower court ruling here
that signed statements of prose-
cution witnesses must be shown
to the defense before trial.
The high court refused a re-
view petition last November and
denied a rehearing request last
Monday. The department urges
reconsideration because of grave
dangers it fears will result from
the original decision.
This decision, by reSurrecting
the discredited practice of giving
the defendant the names of Gov
ernment witnesses in advance of
trial." department officials de-
clared today, Invites intimida-
ton and improper persuasion of
such witnesses at a time when
the Nation is faced with an un-
precedented number of cases in
volving espionage and subver-
sion, organized crime and labor
racketeering which tear at the
very fabric of American society,""
They warned that unless the
ruling by the U. S. Court of Ap-
pealS for the District of Colum-
bia is overturned by the Supreme
Court it sis destined to work
havoc on effective law enforce
ment and should give all Amer
leans cause for concern"
National Problem Seen.
Although the ruling applied to
a specific case in the U. S. Dis
trict Court for the District of
Columbia, Justice Department
spokesmen said it may become
"a national problem in the fair
administration of deral
criminal justice" Defendants
throughout the Nation, they
added, might try to take advan-
tage of it and persuade other
Federal courts to follow it.
The case involved Frank
Fryer. colored, who was con-
victed of second degree murder
here in November, 1851. Defense
Attorneys James j. Laughlin
and Albert j. Ahern complained
that Judge Luther E. Youngdahl
erred in quashing their move to
obtain statements made by var
iouS Government witnesses as
we'll as the defendant before the
trial.
The appeals court last July
upheld their contention, al
though it did not rule directly
on whether failure to order pro-
duction of the records was pref
JUDICIAL to Fryer. It was left for
the District Court to have the
statements made available to
the defense and then to decide
whether a new trial should be
granted on the basis of possible
prejudice to Flyers case. This
ruling was left standing when
the Supreme Court last Novem-
Der Is refused a review petition
by the Government.
witnesses DeLeFfeu.
Justice Department officials
said today that lawyers in gen.
eral recognized the decision as
being "fraught with unexplored
dangers to criminal prosecu-
tions."
In the short five months that
have elapsed since the decision"
they said, many citizens have /
learned from personal experience
that they can no longer feel .
secure and protected in the per-
formance of their civic duties
OF reporting crimes and bearing
witness against criminals"
The officials recalled that years
ago in the heyday of the rack ,
eteers and mobsters the names
and addresses of Government
witnesses were written on the
back of indictments" Prosecu-
tors had great difficulty finding
"stout-hearted persons who were
willing to risk the wrath of
defendants to testify against
them"
Former Attorney General
Homer S. Cummings discon-
tlnued the practice of giving the
names of Government witnesses
to defendants. The Fryer case
decision has, in effect, revived
the practice, the department Of
f1cials explained.
Undue Influence Feared.
GAS time goes on" they said,
IAN increasing number of Ameri-
cans may expect to feel pres
sure and undue influence brought
to bear upon them by un-
scrupulous attorneys and hard
ened defendants who have
learned the nature of the evi-
dence against them by resort to
the rule of the Fryer case.
"The adverse effect of the
Fryer decision will reduce, in an
ever-increasing degree, the eff
cheney of Federal investigations,
with consequent injury to the
American people. In pressing
the struggle against Communists
and other subversive groups it
is of paramount Importance that
identities of undercover agents
and informants be kept secret
and secure from disclosure.
Even before a trial begins the
Government attorney must ex-
pose his case to defense counsel.
No longer will the Government
have the benefit of surprise in
exposing a lying witness. 1t be-
comes more difficult for Govern
ment attorneys and the juries to
detect manufactured evidence,
fake alibis and perjured testi-
mony. The scales of justice are
no longer evenly balanced in
criminal trial but are heavily
weighted to favor the defendant"