Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-07-25
Deputy Chief
Says Police May
As Well Give Up


are the ones caught in the act.
The Washington detective
chief Joined Police Chief
Robert v. Murray in warning
that 80 per cent of the profess
sional criminals will escape UNI
punished under the restrictions
imposed by the decision.
That decision by the SUI
preme Court held that Andrew
Mallory, accused of raping a
Washington woman. was held
too long between arrest and ar
raignment. The decision has
been interpreted as barring po-
lice questioning between arrest
and arraignment.
A special House judiciary
subcommittee headed by Rep
resentative Willis, Democrat Of
Louisiana, resumed its hearings
on the effects of the decision
with testimony by Representa-
tive Heating, Republican of
New York. Mr.. Heating testi-
fled on a bill he has introduced
which provides that confess
sions or other evidence shall
not be inadmiSSable in court
solely because Of delay in having
the prisoner arraigned.
Emergency Situation
Mr.. Keeting said it would be
desirable for Congress to clarity
all the rules relating to arrest
and arraignment but in the
meantime he believes that the
decision has created
an emergency situation which
calls for immediate action by
Congress"
Terming his bill "a very
moderate proposal" Mr.. Keat-
ing warned that in safeguard.
ing the interests of the individ-
ual. I'VE must not lose sight Of
the fact that the public also is
to adequate, protection
against the criminal element
in society"
"The accused" Mr.. Heating
declared, can be adequately
protected without erecting in
the path of law enforcement
technical traps and pitfalls
which can allow dangerous
criminals to walk freely among
the innocent"
Chief Murray told the sub.
committee that IAN overwhelm.
ing majority" of Washington's
serious crimes have been solved
through interrogation and in
vestigation between arrest and
arraignment. He said hundreds
OF the most heinous crimes
would have remained unsolved
and unpublished If the inves-
tigating officers had been re-
strlcted by the Mallory decision.
Problems Raised
To take away reasonable
time for this questioning. ne
warned. would cause a complete
breakdown in law enforcement
here. He cited these problems
raised by the Mallory decision:
/. Hundreds of innocent per.
sons. according to police rec
ords, who had been positively
identified as the perpetrator OF
a crime would have had to have
been charged and arraigned
Immediately under the Mallory
decision.
2. Because it will be prac-
tically a necessity TO apprehend
a criminal in the act or get
TO the commits
sion Of the crime to convict
under the Mallory decision the
professional criminal who plans
his crimes with the least possl-
BILE chance OF witnesses will I've
the one to benefit most by the
Mallory decision.
3. A housebreaker caught in
a home would have TO he ar
raigned Immediately without
questioning about other house,
breakings he may have COM
United. AS a result the other
cases-sometimes numerous -
would remain unsolved and the
chance Of recovering property
eliminated.
4. Where several criminals
are involved in the same case
the first one caught would have
to be arraigned without giving
police a chance TO question him
about his accomplices.
Chief Murray cited a MUIR
der case where the first sus-
pect was arrested in the early
morning and through close in
terrogation implicated a sec
ond suspect several hours later.
This led 10 third suspect
being arrested In the early
but 1t had taken 10
hours 70 conclude the invests
cation. The three men. he said.
were all later convicted Of
murder.
5. The Mallory decision may
prompt a food Of appeals and
other criminals will be re-
leased 70 prey on the COM
Deputy Chief Scott cited
)ther danger signals involved
1y the Mallory decision. He
,alled attention 10 the case
II the 10 saboteurs.
II the first had been ar
as soon as he was
taught. the FB1 would never
laye gotten the others and they
would have been free 70 use
,ther instruments Of destruc-
ion. He said the same applied
o the co-defendants who shot