Evening star., 1961-09-12
Rape Case Waived
By Juvenile Court
Receiving Home
Police Quizzing
Raises Issue
BY DANA BULLEN
Star Staff Writer


possible trial as an adult in
District Court.
The youth, Norris A. Kent
of the 1900 block of S street
NV, is charged by police with
three rapes, four other assaults
on women and seven house
breakings. 49,"
The burly youths feet, 180
pounds-was arrested a week
ago after a 34-year-old secre-
tary was bludgeoned with an
iron and raped in her apart
ment, police said.
After the waiver action, the
youth was brought before
United States Commissioner
Sam Wertleb for arraignment
on a rape charge. Mr.. Vert
leb held him without bond and
continued a preliminary hear
ing until September 26 at the
request of the boys attorney,
Richard ArenS.
In another development, the
District Commissioners today
asked the Corporation Counsers
office for an opinion on what
authority the Police Depart
ment has to interrogate
juveniles after they are sent
to the Receiving Home. The
Commissioners action was
taken as a result of the Kent
case.
Shea Cites Tradition
Gerard Shea, the city's well
fare director, had written the
Commissioners asking for legal
guidance on this point. Mr.
Shea said the police have been
allowed to question juvenile
at the Receiving Home or to
take him out and interrogate
him at headquarters "as a
matter of tradition" Juveniles
are sent to the Receiving Home
pending action by the court.
According to Receiving Home
records, the Kent youth was
questioned by police last
Wednesday. The log showed
that he was taken out of the
home from 9:40 am. to 3:03
pm. that day.
Mr.. Arens has protested po-
lice questioning of Kent, term
ing 1t Unconstitutional and
] "tnerciless.' and asked Judge
Ketcham to bar further inter-
rogation.
Investigators said they were
led to the youth, who has been
on probation at Juvenile Court
since 1859, by a fingerprint
found in the secretary's Dupont
circle area apartment.
While Judge Ketcham pom.
dered the waiver question, Mr..
ArenS had filed a series of re-
quests aimed at securing psychi-
atric disqualification and at
heading off an adult trial.
Called Mentally Ill
Mr.. Arens, in papers filed
at Juvenile Court, contended
that the boy for some time has
suffered from a mental illness
that has been neglected by
Juvenile Court authorities"
In ordering young Kent
waived for District Court ac-
ton, Judge Ketcham took no
action on Mr.. Arens' request
for an unprecedented Juvenile
Court hearing on the waiver
issue. ...
Judge Ketcham said today
that a Juveniles waiver to Dis
trict Court is a discretionary"
act. The judge said Mr.. Arens'
various requests should be filed
with District Court.
Earlier, the lawyer had said
it would violate due process if
the boy were waived for adult
trial "on the basis of secret
evidence" that he was unable
to contest or refute. He asked
disclosure of the youths Juve-
nile Court social file.
The waiver decision, Judge
Ketcham said, was based on a
full investigation of the case.
including papers filed by Mr..
Arens, the boys record and the
seriousness of the alleged Of
fenSes.
interviewed by Staff
Judge Ketcham said he did
not think he should take up
piecemeal" Mr.. Arens' requests
and possibly "tie the hands" of
District Court judges later.
In discussing the waiver,
Judge Ketcham noted that the
courts social staff had inter-
viewed young Kent and rec
commended that charges be
filed on all IA alleged offenses.
A court aide said the IA
charges involve seven separate
housebreakings and that each
alleged rape and assault oc-
Cured in connection with a
housebreaking.
Mr.. Arens, informed of Judge
Ketcham'S waiver, said he
would file an immediate ap-
peal with the Municipal Court
of Appeals and seek a stay Of
the waiver until the appeal is
heard.
The lawyer said Judge
Ketcham did not give the case
"a full investigation" as re-
quired by law because he did
not hear evidence that the
boys alleged acts resulted from
illness.
Mr.. Arens termed the waiver
an "abdication of judicial re-
sponsibility" and a denial of