MILITARY COURT RULES OUT EVIDENCE BASED ON INADMISSIBLE CONFESSIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00001R000300260028-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: November 17, 2016
• Document Release Date: July 3, 2000
• Sequence Number: 28
• Publication Date: October 15, 1958
• Content Type: NSPR

Appro'ved "For Release 2000/08/03: CIA-RDP75-00001 R
a
the majority "would very ef-
fectively hamper the prosecu-
tion of an admitted offender."
Noting the overturning of a
previous decision wh2ch per
mitted in evidence a gun al-
though a statement about the'
weapon's location was inad-,
missible, Latimer said military
authorities who look to the
court for guidance "must won
der at the cavalier manner in
based its case on evidence which we overturn our previ-'
turned upas a result of those ous holding."
statements. Wender said the I case was an_ u}igwfu'A-search"
of Haynes' mind.
The evidence was inadmis
sible at the trial, Ferguson!
wrote, and the ramifications of
Military Court Rules Out Evidence
Based on Inadmissible Confessions
the person wh'gave the con-
o
fession.
The court split 2 to 1 in
reversing the conviction of
In a major decision, the
United States Court of Mili-
tary Appeals ruled yesterday
that evidence uncovered by
military prosecutors as a re-
sult of an inadmissible confes-
sion may not be used against
and extortion changes. lunge, a.kJCx ~ny,_JL}r1~,.,,,1956,
preliminary to being given a
h i g h e r security clearance.
Prior to this examination, De-
f e n s e Attorney Harry S.
Wender contended, Haynes
.?~ilred his nswer`s would
he treated wink pifitlnce.: ad
would not lea' to criminal
prosecution
,. However Haynes was
charged after the; lie detector
Ai-man i/c t.;yrus w. Haynes, wug4 ae was given a ne aetec-~ opinion, Judge George M. Lati-
25, of Cullman, Ala., on morals, or test by a civilian 'intelli-imer declared that a widespread
The majority -decision,
written by Judge Homer Fer-
guson and concurred in by
Chief Judge Robert E. Quinn,
threw out a provision of the
Manual for Courts-Martial per- I f essions by force or other un
mitting such evidence to beilawful means "and then simp-
used antcii also overturned an 1y rest the prosecution's case
earlier nililitary appellate court, upon the evidence procured
ruling, (through those statements."
The Havnes case heenn . In 'a
permitting such evidence "are
dire in the extreme." To sgnc-l
tion S, ichproc.edures,re'udge
cTecTared, would be to permit
the prosgcutionto obtain con-
Approved For Release 2000/08/03 : CIA-RDP75-00001 R000300260028-7