Justice in Time of Crisis a Staff Report to the District of Columbia Committee

Cover Justice in Time of Crisis a Staff Report to the District of Columbia Committee
Justice in Time of Crisis a Staff Report to the District of Columbia Committee
William a Dobrovir
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Challenges were made to the method of selecting grand jurors and to the failure to submit the text of indictment to the grand jury for a vote; challenges were made to the standard wording of indictments for Burglary II and grand larceny. These motions were rejected by Judge Gesell in memorandum opinions. Judge Gesell granted, however, a motion to sever for separate trials the cases of three defendants joined in one indictment, on the ground that "The defendants indicted for Burglary II are not ...in- volved in the same 'transaction' or 'series of transactions' simply because they are accused of looting the same store at about the same time. In the ordinary burglary case, they would presumably be acting in concert under these circum- stances and the aiding and abetting instruction would apply. Looting cases during the April disturbances present a differ- ent situation which the Court cannot ignore. Individuals having no connection with each other whatsoever have been arrested while looting the same establishment at or about the same time and later indicted together.

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