THE BAZOOKA CASE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00149R000600300007-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: November 11, 2016
• Document Release Date: January 26, 1999
• Sequence Number: 7
• Publication Date: June 7, 1965
• Content Type: NSPR

? ; I CHARLESTON, S. C..,
Sai tr2W- Approved For 'e lea
e. 37,439
Fr" t E Otl.w
Page h Pal"
Date: 3UN 7 ffis
Th~ Bazooka b
FOIAb3b
j"`.A' smallTstory from, New York 1 stead, he asserted, he had been re- 1; iice have already extracted an ad 1 -
.fore Justice J. Irwin Shapiro of the have the assistance of counsel for
New York ' Supreme Court ,in his defense." This' guarantee has
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of a confession. ~? cutions," says the Constitution, "the ,` t.~;~,ttt be'ata$ aectiseti
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rcustody again, and this time they. er opinion. In all: criminal prose- no.. ;doubt'- the. EscdbedQ ci
ers gnacio and V Guilermo Novo. l~' Cubans, Justice Shapiro ruled in a work, and, not, merely dounted: 0
The three denied complicity in the like manner. the I defendants to, save them th
crime and were released,, But a In our view1 both decisions were trotible, justice may be' - serve
,week later, the police. had second,,, correct.. The plain language of the there as, well..., If, because. ; thg
thoughts. They, took the men Into 4 Sixth Amendment allows for no oth- haverit; Perez and the Novgs 'g
emplgte in Havant; and two broths admissable. In the case of the three lished. If the police have done they
lice picked up ulio Carlos Perez, a in amuch-criticized opinion, ruled tice Shapiro's court, ' ,where `thei
A short time'~A'ter, New York po- The'United States Supreme Court; Novo brothers will go back to Jus}'
'East River while Guevara spoke. , ' ' talk with him, the 'police; refused...' On Wednesday, `Perez and th
.one did fire a bazooka shell intd,,the at a distance. But when he asked to iejice's sake.
,man, Maj. Ernesto Che Guevara ...,;waiting In the station house to see thing else, if constitutional sale
.This much is beyond dispute: Some his client. In fact, he even saw him -guards are dismisse4 for convert
incident, it will be' recalled; grew case and 'the case of Danny Esco- proceedings that may lead'to injus :.
out of a speech to the General As-..bedo.-charged with murder in Ills : tice. Punishing crimes is one ththg~
proceedings un erway Inside. The nizing the similarities between this 1':'from false accusations and slipshol
building to divert attention from the. . ',The judge was not long in. recog-,',things, is to protect the individug
lice, three anti-Castro Cubans fired ding the Cubans. They had known he howq-er, is not to make the police
-a bazooka at' the United Nations was, said Mr. Johnson, for a week. 'happy.. Its purpose, among othe
On that day, according to the po- slice did not know he was represent- -% The purpose of the Constitution Hai
(' meat right to legal counsel..It be?\ ence? Hardly. He repeatedly, asked doubtless, too, ,the policeman's lot I
gins last December 11.. : - ! to see his clients.- Perhaps the PO not always a happy one. Whose Is
City last week provides a, valuable quired, to col his heels in the sta- missable confession. ;? lesson in due process that many of tion house from 6:15 p.m: until -the But, critics of the Escobedo rul
'us, in our zeal to criticize admitted police had extracted confessions Ing argue, many crimes would g ~-
,excesses of the United States Su-,, from each of the suspects, :about ',unpunished if the police ,were ham
preme Court, are apt to forget. Out five hours later. Was it possible the pered in their questioning -of sus
Queens. There Peter James John generally been honored in the'court.
ccused ; room: What the Escobedo. case es?;
son, lawyer for the three accused;'
Cubans, pleaded the Constitution ` tablished was the right to,pre-'trial ,,
in behalf of his,clients. The people's counsel if the police move ' from?-
Case; he argued, hinged solely on the simple eliciting of facts tQ the.
the confessions, and the confessions , making of an accusation. Wile .Ithe
I'were nhfainnri in defiance of the An- ' police accuse a man of a rrime
he
,
feridants' constitutional rights I. Is clearly called upon, to offer some..
Applying'the? United State. s? Su- .: defense, if he can. In preparing
preme Court ruling in the Eseobedo such a defense, ttye constitution . ;, 41,4 r
case, Mr. Johnson contended that he hays he shall have access to',le al
should have been',available to his . counsel.' What could bO plainer than
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