394 U.S. 1022 (1969), 1481, Bradford v. Michigan

Docket Nº:No. 1481, Misc.
Citation:394 U.S. 1022, 89 S.Ct. 1638, 23 L.Ed.2d 48
Party Name:Lionel BRADFORD, petitioner, v. MICHIGAN.
Case Date:May 05, 1969
Court:United States Supreme Court
 
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Page 1022

394 U.S. 1022 (1969)

89 S.Ct. 1638, 23 L.Ed.2d 48

Lionel BRADFORD, petitioner,

v.

MICHIGAN.

No. 1481, Misc.

United States Supreme Court.

May 5, 1969

COUNSEL

[89 S.Ct. 1638] Frank J. Kelley, Atty. Gen. of Michigan, Robert A. Derengoski, Sol. Gen., and Stewart H. Freeman, Asst. Atty. Gen., for respondent.

OPINION

Motion for leave to supplement petition granted. Petitions for writ of certiorari to the Court of Appeals of Michigan denied.

Mr. Chief Justice WARREN, with whom Mr. Justice DOUGLAS and Mr. Justice MARSHALL join, dissenting.

During the early morning hours of November 5, 1962, two Benton Harbor, Michigan, policemen stopped an automobile in the course of investigating a robbery. They were shot by the occupants of the vehicle and seriously wounded. Shortly thereafter LeRoy Payne was arrested. He was brutally treated by his captors until he confessed, implicating petitioner. Payne then became the State's chief trial witness. Petitioner was convicted of assault with intent to commit murder and was sentenced to a term of 20 to 40 years.

[89 S.Ct. 1639] At petitioner's trial the State conceded that Payne testified truthfully concerning the manner in which the police had obtained his confession. The police campaign to compel Payne to confess began upon Payne's arrest. On the way to the police station Payne was called a 'dirty bastard' and a 'nigger.' The police suggested that they might throw him out of the police car and then shoot him, claiming that he had attempted to escape. Payne was questioned for two days without food, water, or sleep; he was informed that all three necessities of life would be provided once he confessed and informed the police as to the identity of his accomplice. During the course of questioning Payne was beaten about the face until both eyes were blackened, was kicked and was held by one officer while the other twisted his fingers and then squeezed his testicles.

Page 1023

Finally, the police threatened to prosecute Payne's wife for perjury and to have his children taken away. The State admits that the confession implicating petitioner was the product of these tactics.

Prior to petitioner's trial Payne had entered a guilty plea but had not as yet been sentenced. Although he stated that his testimony was not prompted by fear, Payne later signed an affidavit to the contrary. In...

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