Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-01-12
Mallory Case Matches
Justice Against Speed

Continued From First Page
allowed to bring In oral admis-
sions In nine cases but the
Judge has excluded them in
four others.
Evidence Barred
In one case. q woman who
had been beaten and robbed
In her own home was barred
from testifying that the de-
PENDANT confessed his crime to
her at police headquarters. She
was barred from saying he adj
mitted the robbery while beg
ging her not to prosecute. The
prisoners argument TO her: He
had saved her dog from being
harmed by his fellow robber.
In another case, an FBI agent
was not allowed to testify TO
a prisoners admissions to him.
although the agent had duly
warned the prisoner that any
thing he said might be used
against him.
And late last week. q Judge
cited the Mallory rule In bar
ring discriminating statements
made by q defendant within
q half hour after his arrest.
g. Some District Court
judges. following q 1852 rule Of
the Court Of Appeals. still tell
juries they must scrutinize with
care and caution any oral ad-
missions made by the defend
ant to police. They don't give
that warning on written con-
LESSONS.
Since written confessions are
being ruled out. commented
United States Attorney Oliver
Gasch. this caution from the
judge about oral admissions
may assume great importance
in the minds Of the jury"
Z. The United States Attor-
ney's Office has been accepting
pleas of guilty to lesser ofienses
ana dropping counts in indict-
ments. rather than risk going
to trial and freeing men who
have admitted their guilt but
may have been held more than
a few hours while making the
admissions.
Last week. two housebreak.
erS who had been caught In
the act and admitted a series
Of other housebreakings Iere
allowed 70 plead guilty to three
counts Of a l3-count indict.
meut.
Position Explained
Said Mr.. Gasch: "A review
OF our experience discloses that
no reliance can be placed on
confessions believed to be com.
pletely voluntary II a delay be-
tween arrest and arraignment.
comparable TO the delay IN the
Mallory case. has taken place.
This has resulted In our WILL
ingness to accept pleas TO less-
er included offenses and TO dis
miss certain counts In the In
dictment.
The prosecutor said his Of
nee still adhered to the rule of
thoroughly screening cases at
the Municipal Court and grand
jury level and insisting on
trials whenever indictments
are returned. but he added:
Under the Mallory doctrine,
we have been forced to rec
ognize that a substantial = IL
Der Of counts. good in f.. are
none the less not good in law"
8. In the uncertainty over
what to do when q prisoner Is
arrested ct night and promptly
confesses. police and FEDERAL
agents have been waking up
one prosecutor q minimum Of
five times q week. Assistant
United States Attorney Fred
erick Smithson. who rarely gets
an uninterrupted nights sleep
now. says he gives this advice:
II you need the statement, m
wake up a Judge. II you don't
need the statement. stop talk
ing TO the defendant, put him
in q cellblock and wait for
morning.
9. As recently as a few weeks
ago. the Court Of Appeals
asked Mr.. Gasch to submit a
statement regarding the gen.
eral applicability Of the NAL
lory rule. Mr.. Gasch told the
court he couldn't generalize
about the rule. He stated:
There Is no doubt but that
this decision Of the Supreme
Court has had tremendously
restrictive impact upon arrest
arraignment proce dures. I
would ind 1t dificult. at this
time. to state with any degree
OF explicitness how this doc