Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-02-22
Federal Brief
Contests 1852
Rape Decision

The Government yesterday
filed a brief in the Court Of
Appeals which contended that
a six-year delay in final dis
position Of Q rape case Is not
oppressive" treatment Of the
defendant.
The U. s. attorney is seeking
a reversal of q decision which
resulted in the release last
December Of convicted rapist
Kenneth Gunther.
Gunther was released by
Federal Judge Edward A. Tamm
last month after a plea by
Gunther's attorney. Vernon L.
Wilkerson, that his client did
not get q speedy trial.
The long history of Gun
theirs court battle started in
January, 1852, when he was
charged with raping the woman
he hired as his secretary. But
he was found mentally incom-
petent to stand trial latter the
Government requested a psy-
chiatric examination and was
sent to st. Elizabeths Hospital
in April. 1852.
In December, 1852, hospital
psychiatrists decided that he
was competent to stand trial,
and this led to q guilty verdict
in the February. 1858, trial.
Gunther appealed the verdict,
and the filing Of necessary pa
perS and arguments by attor-
neys before the Court Of APP
peals here took up almost an
other full year.
Conviction Reversed
1t was not until July, 1854,
that the appellate court handed
down its decision, which re-
versed the rape conviction.
But the order Of the court
was held up as the prosecutor
sought a rehearing by all nine
judges Of the Court of Ap-
peals. This was denied, and
the judicial competency hear
ing was held in District Court
here in February, 1855.
AS a result 1t was determined
that Gunther had been COM
petent to stand trial in Febru-
airy. 1858.
However. he then appealed
this ruling. All argument on
the appeal was held in the ap-
pelate court in October, 1855,
but it was not until February,
1856, that the decision was
handed down
The Court of Appeals said
the second competency hearing
was improperly conducted.
since Gunther's attorneys didn't
have time to prepare properly
for the hearing.
New Trial Ordered
The District Court was told
either to hold a proper hearing
or order a new trial. The new
trial was ordered to be held
in october. 1856.
The hospital psychiatrists.
meanwhile, said Gunther wasn't
mentally competent to stand
trial, and he was sent back to
st. ElizabethS in September,
1856. as a result of a court COM
potency hearing requested by
the Government.
Gunther then filed a writ of
habeus corpus, requesting a
hearing on the question of why
he should not go to trial.
He was turned down, in De-
cember. 1856, since he was still
Of unsound mind, but he ap-
pealed this ruling. However,
while the appeal was pending,
Gunther filed another writ Of
habeus corpus in September.
1857.
AS q result Of this second
writ, Gunther was examined by
the District Health Commission
and found competent to stand
trial. The District Court then
ordered the holding of the new
trial.
Release Obtained
Then Mr.. Wilkinson sought,
and was granted. Gunther's re-
lease by Judge Tamm on the
basis his client did not get q
speedy trial.
According to the 27-page
Government brief filed yester-
day. the judges action was
without precedent. since it held
Tin effect) Gunther's failure to
get a speedy trial was the re-
suit Of the mere passage Of
time.
The brief prepared by As
sistant United States Attorney
John w. Warner said this was
an improper reason for grant,
ing Gunther's release.
Mr.. Warner, drawing from
almost two months of research