Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1960-03-31
i. S. Jury
Will Probe
Smith Case
Police Beating
Charge to Be
Weighed April 10

look into charges by Melvin
w. Smith that he was beaten
by four Montgomery County
policemen December IL after
Smith, himself, had attacked
one of the officers in a court.
room outburst.
The case, which eliminated
in the acquittal of the four
officers on assault charges and
Smiths own conviction for
striking the policeman, was re-
ferred to the grand jury in
Baltim ore for consideration
April 10 following a Federal
Bureau of Investigating probe
of alleged civil rights violations.
Besides being acquitted in
police court, the officers were
cleared of improper conduct by
former County Manager Melvin
r. Reese, who conducted his
own investigation following the
court hearing.
A proposed State investiga-
ton of the charges was side
tracked pending the outcome of
a Department of Justice probe.
Just this week, however, the
county grand jury began its
own study of the incident and
was scheduled to report publicly
its findings late yesterday
after the Sentinel went to press.
County officials learned of
the impending federal action
after the local probe was under
way and % witnesses had been
subpoenaed. Sixteen of the
witnesses had been questioned
by the grand jury when recess
was called late Tuesday, and
the remaining six were SEIZED
uled to testify yesterday.
Objective of the county grand
jury investigation has not been
made clear, since all of the
principals in the case already
have been tried on charges aris-
ing from the incident. States
Attorney Leonard T. Hardy
conceded that additional criminal
indictments could entail double
jeopardy"-the prohibited pro-
cess of trying a defendant more
than once on the same charge.
However, since the Depart
ment of Justice investigation
was conducted from the stand
point of civil rights, the federal
jury cOuld-if 1t found suffi-
cient evidence-bring In charges
of civil rights abridgement that
that would not run afOuI of the
double jeopardy" clause.
Since being asked by the Civil
Rights Division of the Depart.
ment of Justice to look into the
case, the FBI has remained
noncommital on the progress of
the investigation. An FBI
spokesman again this week de.
clined to discuss the case on
the ground it is still under in.
vestigation, but admitted he
could not deny the report that
the case is scheduled for grand
jury consideration April 10.
Smith charged he was beaten
by the four officers as he was
being taken in handouts to the
county jail after he punched
bet. Sgt. Frank Griggs during
q melee which erupted when
Smiths stepbrother was con-
victed Of a rape charge.
Accused of participating in
the assault, along with Griggs,
were Deputy Sheriff Ralph
Offutt, Detective John A. Bech-
tel and Pvt. Cornelius DeVries,
jr.
The officers were acquitted
Of the assault charges in
morning hearing before Judge
John B. Diamond in Peoples
Court. That afternoon he tried
Smith and sentenced the
Gaithersburg youth to three
years in Jail, suspending two
years of the sentence.
Following the court hearings,
investigations were formally re-
quested by the county branch
of the National Association for
the Advancement Of Colored
People and the county's League
Of Women Voters. The most
recent probe, by the county
grand jury, repeatedly was in.
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