Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-07-21
Gasch Asserts
Mallory Edict
Hurts Innocent
BY MIRIAM OTTENBERG

nearly ~ cases where pOllCo
had probable cause" to believe
suspects had committed serious
crimes but established their
innocence after thorough in
veStigation.
Mr.. Gasch said most Of these
innocent people would have
been arraigned and some might
even have gone to trial If police
had been following the dictates
of the Supreme Courts recent
Mallory decision.
The House subcommittee.
headed by Representative
Willis. Democrat Of Louisiana,
is investigating the impact Of
the Mallory opinion on Federal
law enforcement. Hearings
opened last week and are sched-
uled to resume in mid-week.
In the Mallory case. the Su-
preme Court held that suspects
arrested by police must be
brought las quickly as possible"
before a committing magistrate
for arraignment. This has been
widely interpreted to mean
that confessions and other evil
dence obtained between arrest
and arraignment must be ex-
cluded from the trial even
though the confession was
made voluntarily.
Mr.. Gasch, in teStifying be-
fore the subcommittee Friday.
asked leave to file a report
prepared by the Police Depart
ment which diScloSes that
interrogation has been widely
utilized as a means for deter
mining the innocence of per-
sons originally suspected Of in.
volvement in serious crimes"
Were Good suspects
The prosecutor said these in
nocent persons we're sufficiently
good suspects to take for inn
mediate arraignment. but II
they had been arraigned they
would have been stigmatized
with a record.
There we're numerous cases
where the suspect was actually
picked out Of a lineup or his
picture enormously spotted in
a review Of the "rogue's gall
lery." There were also cases
listed where the complaining
witness was found to have made
a false report. There were
cases of honest error and dis
honest frame-up.
Several suspects were linked
with the unsolved rape-murder
of 8-year-old Valerie Lee. Dep
uty Chief E. E. Scott. head OF
the Detective Bureau, gave
these details in one case:
The suspect fitted perfectly"
He had lived in a rooming
house near Valerie's home. On
the day of the murder. he hur-
riedly left town. His landlady
reported she found his room
splattered with blood. Police
found traces of blood in the
room. Another witness said the
man tried to borrow money to
get out Of town in q hurry.
The suspect had a record.
which included tampering with
a child.
Denied Charges
He was located in Baltimore.
He denied committing the rape
murder but he couldn't remem-
Der where he was at the time Of
the crime. He could provide no
alibi witnesses, He accounted
for the blood in his room by
telling of a fight there.
Police had more than enough
to charge him with the crime
and take him for arraignment.
But they continued TO check.
Detectives looked up his rela-
tives, including the wife from
whom he was separated. She
said she wanted to help him but
couldn't think OF a thing. Her
mother. however, got into the
conversation.
She recalled that the mans
child had fallen down one day
and the man had happened
along and taken the child to a
hospital. She thought 1t might
be the day Valerie was killed.
Police checked the hospital and
the police officers who had been
! called when the child fell down.
The hospital record showed the
child was brought in on the day
of the murder. The two police
men who had been at the
child's house recalled that they
had been about to take the
child to the hospital when the
estranged father arrived and
offered to do so. Records showed
this occurred at almost exactly
the time Valerie was being
raped and murdered many
blocks away.
Doctor Involved
Another case involved q
prominent doctor. A l6-year-
old girl. after an automobile
accident. was taken to a hospi-
tai for X-rays. Suddenly. as
her parents waited outside. the
girl ran screaming to them and
said the doctor had made an
indecent assault on her.
The doctor was questioned
at the Sex Squad Office. He
Genied he had done II but his
nurse had stepped out OF the
room a minute and 1t was his
word against the girls. Police
decided TO question the girl
further. Later she admitted
she had dreamed UP the accu-
sation TO win sympathy from
her parents and avert their
anger at her being in a car
crash with her boy friend.
In another case. a restau-
rant cashier who had been held
up picked the suspects picture
out Of volume OF mug" Shots
Of convicts with robbery rec
ords. Later. she picked him
out OF a lineup Of six men and