Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-10-17
GHes-Johnson Case


Your recent story on the
Giles-Johnson rape cases left
q number Of questions unan-
swered, while betraying a ba-
sic misunderstanding Of the
law.
First. the character Of the
prosecutrix in a rape case is
only material on two
grounds: In determining
whether her testimony is
credible and in deciding
whether or not she consented
to the act. While PHILOSOPHERS
Of punishment differ, none
suggests that the character of
the victim should affect the
quantum Of punishment. Your
article implies that the girls
highly promiscuous record"
merits a token sentence or
executive pardon. BY analo-
gy, the murderer Of q hoo
dlum should receive a light
sentence because he rid So
ciety Of q criminal.
The basic premise Of the
article, as I read it, is that
had the girls record been
available, the Jurors would
have refused to convict. The
defense attorneys must have
considered the possibility of
reopening the cases on the
ground Of n ewly-discovered
evidence (presuming that the
evidence is newly discovered
and is not cumulative), or
the alternative of seeking q
writ from q Federal court.
These two alternatives, both
Of which would involve a
judicial determination Of the
facts, m ust have been
considered and rejected
since you report that appeals
were denied after the evil
dence had been discovered.
While these three young
men might well merit execu-
tive elem ency because Of
their relative youth and be-
cause of society's changing
attitude toward capital pun
ishment, the shadow Of the
Scottsboro case should not be
allowed to obscure the facts.
Michael F. NoOne, Jr.
Editors Note: In Maryland
there is a three-ddy limit on
reopening q case On the
basis OF netD evidence.
Look at Logan
Recently I read your arti-
Gle on the beauty Of Thomas
Circle, with its churches. the
International Inn, and other
improvements.
Just q stones throw away
is Logan Circle, which is just
the opposite. If we're talking
about identifying the circles
Of Washington, please, won't
someone take a good look at
Logan? Logan Circle Resident.
Dissertation
An attempt is being made
to rezone land south OF Alex
andria between Mount YER
non boulevard and the Po-
tomac River in order to
erect "the most luxurious
apartment project in the
Washington area" which it
is estimated will involve close
to S35 million. If this re-
coming application is accept
ed by the Fairfax Planning
Commissioners and is APP
proved by the Board OF
Supervisors, it will not only
open UP the whole are to
an influx of similar types of
dwellings but will desecrate
one of the most historic and
beautiful boulevards in the
country.
The Is miles Of wonderful
highway from the Virginia
side of the Memorial Bridge
to the shrine of George
Washington make a road
dedicated to an historic back
ground which should not be
defiled.
This is more than another
Merrywood. This is being
planned on a scenic highway
which was conceived more
than rs years ago by a group
of dedicated citizens with the
idea that the people of the
entire country should erect
a tribute to the memory of
this Nations founder. Back
in 1890, Col. Haines, who
surveyed the entire route, rec
commended that this road
should comport with the
dignity of this Nation and
the man to whom it is dedi-
Gated" 1t was opened in
1882 on the 143d anniversary
of the date the first Presi-
dent took office and repre-
sents a symbol of the peo-
PIES appreciation. Yet it is
this roadway that progress"
wants to desecrate with high
rise apartments.