Evening star., 1963-04-25
Whitener Launches
Crirne-CureHearinq
Tobriner Backs
Mallory Change
As Probe Opens
BY SAM EASTMAN
Star staff Writer

Star staff Writer
A House District subcommit-
tee chairman today said Wash
ington's criminals must be dis
armed Of some Of their legal
weapons.
Chairman Whitener called
for this action as his subcom-
mittee opened hearings on a
dozen crime fighting bills for
the District.
Recent crime conferences
held by members of the House
and Senate District Committees
developed evidence that should
convince any reasonable person
that there is an urgent need
for crime curbs here, he said.
During today's subcommittee
hearing, District Commissioner
Walter N. Tobriner spelled out
his recommendation for amend
ing the Mallory case decision on
confessions.
Mr.. Tobriner. president of
the Board of Commissioners. in
general backed one of the less
complicated proposals for
a m e n d ling the controversial
Mallory ruling.
The ruling. handed down by
the United States Supreme
Court in 1857, excludes from
criminal cases confessions cb-
tanned by police from a defend
ant during period of unrea-
sonable delay"
Wants Specific Cures
In his comments, Represent
ative Whitener, Democrat of
North Carolina. said the recent
Joint crime conferences painted
a clear picture of frightening
crime situation in the District.
The hearings before his sub
committee, the Congressman
explained, would be limited to
testimony on specific legislative
cures for Washington's crime
ills.
Mr.. Whitener said that lie
hopes to hold an additional Sc
ries of hearings later on other
crime areas. particularly on the
role of the courts.
In his testimony, Mr.. To-
briner noted that the Board
of Commissioners already is on
record in favor of a change in
the Mallory rule.
Partly Backs Mcmillan Bill
The three Commissioners.
Mr.. Tobriner said. have not
had an opportunity to take
formal action on specific rec
concentrations for easing the
impact Of this rule. The recon-
mendationS given today, he ex-
planned, represent his own
position reached after confer
ences with the city's legal
aides.
Under this bill. a confession
and other evidence otherwise
admissible would not be barred
solely because of delay" be-
tween arrest and arraignment.
The proposed legislation pro-
vides that no statement made
during questioning by police
men shall be admissible un-
less prior to such interroga-
ton" the person arrested was
advised on his right to refuse
TO make a statement and
warned that any statement
might be used against him. Mr..
Tobriner said he favored in
serting the word Immediately"
IN Iroht OF the phrase prior
to such interrogation :"
Whitener Protests
This suggestion brought a
protest from Mr.. Whitener,
who indicated that he felt this
was giving the criminal too
much help. Mr.. Tobriner's DO:
sition, however, was that such
a procedure is needed because,
he said:
You're not dealing with the
most intelligent class of people
In the world"
Mr.. Tobriner also proposed
that a section carried in the
Mallory bill recently submitted
by David c. Acheson, United
States attorney for the Dis
trict. be included in the Nc
MILAN measure. This section
states that:
This act shall be construed
in the light OF its limited pur-
pose OF governing the admis-
sibility OF certain evidence In
criminal trials in the District
OF Columbia. Nothing herein
contained shall be construed
as modifying the right OF an
arrested person to be taken be-
fore a committing magistrate
without unnecessary delay"
A third bill TO amend the
Mallory decision was drafted
by a special committee OF the
District Bar Association. In
general, the major distinction
among the three measures is
that the procedure proposed by
Mr.. Acheson is the most COM
plex one and provides the most
provisions designed for protec-
ton OF individual rights.
Mr.. Tobriner said the COM
have not yet taken
a position on a bill introduced
by Mr.. Mcmillan, Democrat OF
South Carolina, that deals with
the Durham insanity court rul-
ing. This ruling drastically
widened the old legal rule that
a person is legally insane II he
does not know the difference
between right and wrong.
Representative Whitener
made II clear that he favored
a change in the Durham rule
after Assistant Corporation
Counsel Robert Kneipp testi-
fled that the thinking In the
a