Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-11-15
Wants Question
Of Unreasonable
Delays Settled
BY MIRIAM GUTENBERG

JuoIlCe department. criminal
division, today came out In favor
of law to spell out how long
police can holl a prisoner be-
fore arraignment.
He backed United States At
torney Oliver Gasch, who has
already asked for a clarifying
law. and he supported the study
of arrest and arraignment now
being conducted by the Districts
Council on Law Enforcement.
Mr. Olney made it clear that
he believes a new law for the
District is the only satisfactory
way to resolve the problem Of
what constitutes unreasonable
delay" in arraigning a prisoner.
Mr.. Gasch has commended that
when the police seek his advice
on whether they can take the
time to question a prisoner, con-
front him with his accusers and
check his alibi before he goes
before committing magistrate,
the prosecutor has only con-
flicting court opinions on which
to rely.
Split on Recent Cases
In the most recent case involv.
ing allegations of unreasonable
delay" the Court of Appeals here
split three ways.
Justice Department officials
said the problem of "unreason-
able delay" is brought up here
more often than in any other
Federal jurisdiction. When de-
PENDANTS seek a Supreme Court
review, the case has to be ham
died by the Solicitor Generals
Office.
Until last month. the Supreme
Court had refused to review any
District cases involving claims Of
unreasonable delay" since No
yember. 1851.
On October %, the Supreme
Court agreed to review such a
case. The Court of Appeals by
split decision had affirmed the
death penalty rape conviction OF
Andrew r. Mallory last June.
Mallory has been granted SUI
preme Court review.
Mallory 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 theirs first.
About $3.50 pm, the court opin-
ion recalled, Mallory admitted
his guilt.
Examined by Coroner
The majority opinion noted
that after 10 pm. police tele-
phoned the home of the United
States commissioner but he was
not available to arraign the
prisoner. Thereafter Mallory
was examined by deputy
coroner and found to be In good
physical condition, he was con-
fronted by the complaining wit
ness and he dictated a confession
to stenographer.
+ Judges E. Barrett Prettyman
and Walter Bastian ruled that
the confession was properly adj
mitted--the question at issue.
They found that the delay be-
tween arrest and the confession
was not unreasonable and
added:
THE police had three sus-
poets, and it is inconceivable
that they should be required to
lodge charges against any sus-
pect until their investigation has
developed with some certainty
a justification for charges: pro-
vided always that the investiga-
ton is not unduly prolonged"
BazelOn Dissents
/ Judge David L. Bazelon, In
dissenting. found that the de-
lay was unreasonable. He said
the arrest occurred during regu-
lar business hours and in taking
the prisoner to police headquar-
tiers police passed within ear
shot Of many Of the approxi-
mately SO officers authorized by
law to commit accused persons"
THE policy of discouraging
the airing Of reckless charges is
ccmmendable." he wrote. But
another and more commendable
policy is that the police should
not arrest any person on mere
suspicion. hoping that once
they have him at headquarters.
they can obtain from his own
lips something to Justify the
arrest.
The Supreme Court presum-
ably has decided to take a hand
in the controversy reflected In a
number Of recent appellate
court decisions.
7 Other Jurisdictions Studied
Meanwhile, the Council on
Law Enforcement is waiting TO
hear from the Junior Bar Sec
ton Of The District Bar Associa-
ton. which has a committee
studying decisions on the ques-
ton in other Jurisdictions.
Council Chairman George L.
Hart. ir.. said he would have the
study expanded TO determine how
many States have adopted the
Uniform Arrest Act or some other
Law specifying what constitutes
legal and Illegal detention.
Under the uniform act. police
must bring a prisoner before a
committee magistrate within "a
hours. excluding Sundays and
-Ioylng sSpnf y sssfun s6BpVoq
izes an extension Tor q maximum
OF another 80 hours.