Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-09-22

A former police narcotics in
former has testified before a
grand jury concerning charges
that the Police Narcotics Squad
framed" a 22-year-old WASH
ington man in order to obtain
O conviction.
The informer, Donald Rob-
erts. signed an affidavit which
said the defendant was enticed
by a police undercover man to
smoke a marijuana cigarette.
Roberts affidavit said he was
paid 5000 by the Narcotics
Squad to leave town and avoid
testifying at the trial Of the
accused, Donald V. Sellers. %.
The grand jury began its in
vestigation last month after the
United States Court Of Appeals
received the affidavit and a let
ter from Sellers father, j. FL
wood Sellers of the 5000 block
of Chillum place NE.
Policemen Testify
Testimony already has been
received by the grand jury
from two policemen.
Police Chief Robert v. Muir
ray said he welcomed the in
vestigation in the case and
said he was happy to have all
the facts before the grand jury
Capt. Ernest P. Jefferson
head of the narcotics squad,
said, "the affidavit is without
foundation"
He said the original COM
plant was relayed to him by
the Federal Bureau of Investi-
cation via the United States
attorneys Office. Capt. JEFF
ferson said he investigated the
complaint, found it groundleSs
and filed a report with the
United States attorneys Office
Sellers was convicted last
year of violating laws covering
possession of marijuana and re-
ceived a five-year sentence
Roberts did not testify at the
trial. Assistant United States
Attorney Arthur J. Mclaughlin
said he relied on the testimony
of the police undercover man
Pvt. James Michael Harrigan
I'VE don't call informers I'M
less necessary" Mr.. McLaugh-
lin explained. He said that II
is desirable to keep informerS
unidentified as long as pos
sible.
Conviction Set Aside
Sellers conviction was set
aside last week by the appellate
court on grounds that the trial
judge erred in refusing to ask
prospective jurors whether
they would attach more weight
to the testimony of a police
man. merely because he is an
officer, than to that of other
witnesses.
The Government plans to
retry Sells who has a record
Of a HOUSEKEEPING conviction
in Leesburg. Va.
In his affidavit, Roberts de-
clared that a narcotics squad
detective force him to become
an informer by threatening to
have him extradited to Cali
fornia allegedly as a probation
violator if he refused. Roberts
agreed to serve and was as
signed to operate. he said, with
Pvt. Harrigan, then a rookie
undercover man on the squad.
Mr.. Harrigan is now on mill
tary leave.
Roberts said he introduced
Sellers to Harrigan. The in
former asserted Sellers never
handled any narcotics but that
Mr.. Harrigan tried to get Sell
ers to smoke a marijuana
cigarette. Roberts declared the
heat was on the narcotics squad
to obtain convictions.
The informer swore that de-
spite Mr.. Harrigan's testimony
at the trial that he received
marijuana through Sellers, the
latter "in no way ;. had any
thing to do with marijuana. {"
The informer said his con-
science nagged him after he
learned Of Sellers conviction.
He said he did not testify in
Sellers behalf at the trial
through fear "of what might
happen to me-"
Oddly, the first page of the
Six-page affidavit is dated Au-
gust II, 1858, and the last page,
March "a. 1859. Roberts was
reported as explaining it took