Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-05

the presence of witnesses from the
hotel-commented that the lock
had been changed on the door since
he had entered it. that Deputy
Chief Scott was personally satisfied
of his guilt. Police had not known
the lock had been changed or even
that he had entered the hotel by
that door.
The Government asked for a re-
hearing of the Watson case or
Qualification of the decision. It
wanted to know, for instance, ii
the re-enactment would be admis-
sible in evidence when the case is
retired? The requests for rehear-
ing or Qualification were denied.
The Mallory Rope Cose
On June 20. the appellate court
again discussed the question of UNI
reasonable delay in the rape con-
viction of Andrew r. Mallory. He
was arrested with his two nepheWS
about 2:30 pm. Later in the day
all three agreed to take lie detector
tests. The two nephews took the
test first. About $50 pm, the
court opinion recalled. Mallory adj
mitted his guilt.
In the succeeding hours. an un-
successful effort was made to reach
Cnll ef
SO he could be arraigned, he was
examined by deputy coroner and
found in good physical condition,
he was confronted by the complain
ing witness and between 1880 pm.
and 1890 am, he dictated his
confession to a stenographer.
Judge Prettyman, in writing the
opinion, said the delay between
arrest and confession was not
unreasonable.
1.-The police" he wrote, had
three suspects, and it is inconceiv-
able that they should be required
to lodge charges against any suspect
until their investigation has de-
veloped with some certainty justi-
f1cation for charges. provided always
that the investigation is not unduly
prolonged
Judge BaStian concurred but
Judge David Bazelon diSsented.
The policy of discouraging the air.
ing =. .ecA4e,. uaIets CU4n-
mendable, Judge Bazelon said, but
another and more commendable
policy is that the police should not
arrest any person on mere suspi-
clon, hoping that once they have
him at headquarters, they can
obtain from his own lips something
to justify the arrest.
40 me. the uncomfortable thing
is that this court should permit
detention-for any length of time
for that purpose and without the
lnterceSSion Of a responsible COM
hitting officer" he added.
In the course of his dissent,
Judge Bazelon harked back to the
duckpin murder case. Referring TO
the fact that the opinion rendered
in that case approved admission
into evidence OF the oral confess
Sions, he noted: ITO the extent that
this dictum gives a license to police
to hold and question an arrested
person all through the night. in
communicate, uncounseled and
unwarned. for the purpose of OBJ
tanning from him the evidence to
justify his detention at his eventual
arrangement, 1 disagree with it."
Judge Bazelon also made it clear
that he disagrees with the position
of the court in the 1852 cases.
The Rettig Stobbing
Now, the full Court of Appeals
apparently is again considering
as it did a year ago-whether
it should overrule its own 1852
decisions. The case involves the
Second-degree murder conviction of
Katherine Rettig in the fatal stab
bino of her husband
The court, on it's own motion,
decided that the case should be
decided by the full court rather
than by a three-judge panel. Last
year, with eight judges sitting, it
was a four-to-four split. This year.
nine judges heard the arguments in
the Rettig case. Will it be a five
to-four split?
II so. will the majority follow the
1852 Interpretation Of McNabb, that
delay alone is not enough to rule
out confession, an Interpretation
arrived at after nine years of de-
batting the meaning Of the McNabb
rule?
Or will the majority now declare
that delay alone is enough to make
a confession inadmissable?
&c c,s Pro5,em
In that atmosphere of uncer-
tainJy. the United ctatas attorneys
Office is having to advise the police
on how much OF their investigate
Y should e Dlete LeIorc ley
bring prisoner for arraignment.
That's why we welcome the
Council on Law Enforcement
study" said United States Attorney
Oliver Gasch yesterday. IF the
council after a thorough stuoy
Of State. Federal and British laws
and court decisions, finds a formula
which will be fair both to the
public and to the accused, the
formula should be submitted TO
Congress for appropriate legisla-
ton.
by no stretch Of the imagina-
ton is the position Of the United
States attorneys Office TO be inter-
preted as desire to utilize third
degree methods or return 10 the
days when continuous questioning
under psychological pressure was
possible
However, We do feel strongly
that law enforcement officers
should have reasonable opportu-
nifty TO check out the stories given
them by arrested persons. We feel
also that the opportunity afforded
BY re-enactment procedures FREE
quently protects accused persons.
In some cases. It provides clear and
convincing evidence OF criminality