Evening star., 1959-12-10
GuiIfyverdict
Is Reversed in
RObbeTCase
Illegal Detention
Voids Confession,
Appeal Court Rules
BY HOWARD L. DUTKN
Star staa Writer

~ nv w kAAAAS AAa ~ = nav
star star Writer
The United States Court Of
Appeals today reversed the con-
viction Of q robbery defendant
on the ground that his con-
feSsion was the result Of Illegal
detention by police.
Police had admitted q that
without the confession they
lacked suficient evidence upon
which to arraign the suspect.
Today's ruling cited the cele-
brated Mallory decision, which
held invalid a confession made
during unlawful detention be-
fore arraignment.
Circumstances Of the present
case outwardly were different
from those of Mallory. In the
case decided today. the defen-
dant, Robert L. Jackson. had
made an oral confession about
10 hours after his arrest. Then
he was arraigned before a
Municipal Court judge and ad-
vised Of his right to remain
silent.
Signed Confession
But after arraignment in
stead Of being taken to Jail he
was brought back to the rob-
berry squad ONCE where he
signed q written confession
prepared on the basis of his
earlier oral admissions.
At his trial in District Court,
Jackson's written confession
was admitted as evidence. The
Government argued that since
the confession was signed after
the arraignment during which
jackson was told Of his con-
Stitutional rights, it was ad-
missable and the trial judge
agreed.
But, the appellate court
ruled that the written confess
sion was part and parcel Of the
oral statements made during
illegal detention and thus was
tainted.
"Jackson's signing of the
document cannot in any way
be considered an independent
act based upon proper counsel
or as occurring after time for
deliberate reflection. Rather
the signature was obtained as
o result Of q purposefIll process
Iof inquiry undertaken during q
period Of unlawful detention.
Therefore, the challenged con.
fession should have been ex-
cluded."
Retired Supreme Court
Justice Burton, sitting by
designation with the appellate
bench, participated in the
Unanimous opinion along with
Judges George T. Washington
and John A. Danaher. The
opinion was unsigned.
Jackson had been arrested in
Maryland at 5 am. on Decem-
Der IA, 1858, following an at
tempted robbery at the home Of
Felix Marchegiani. q contrac-
tor, of 1915 Michigan avenue
NE. Jackson was implicated as
one Of four bandits involved.
Police killed one suspect by
gunfire and two others were
wounded. Jackson and the
other two received sentences Of
8 to 80 years.
Questioned for Half Hour
After his arrest, Jackson was
brought to the District and
locked up at 6 am. He was
questioned for . half-hour. At
about 1880 pm. he was again
questioned for one hour and 20
minutes. Then he made an oral
lconfession.
At 4:25 pm. he finally was
arraigned. The appellate court
stressed that the police ad-
mitted they had no basis for
making up q fact sheet" for
the arraigning judge until the
admissions had been obtained.
OF this, the appellate court
declared:
The police frankly admitted
they lacked suficient evidence
upon which to arraign the ap-
lpellant."
Quoting from the Mallory
opinion, the court said that
jackson clearly had been taken
to police headquarters in order
to carry out q process Of in
quiry that lends itself, even Il
not so designed, to elicitins
damaging statements to sup
lport the arrest and ultimately
his guilt"
The decision means that
Jackson can be tried again but
that his confession cannot Be
used. jackson was represented