Ralph v. Pepersack

• Decision Date: 01 July 1963
• Docket Number: Civ. No. 13693.
• Citation: 218 F. Supp. 932
• Parties: William RALPH v. Vernon PEPERSACK, Warden, Maryland State Penitentiary.
• Court: U.S. District Court — District of Maryland

218 F. Supp. 932

William RALPH v.Vernon PEPERSACK, Warden, Maryland State Penitentiary.

Civ. No. 13693.

United States District Court D. Maryland.

July 1, 1963.

Edward L. Genn, Silver Spring, Md., for petitioner.

Thomas B. Finan, Atty. Gen. of Maryland, and Robert F. Sweeney, Asst. Atty. Gen., Baltimore, Md., for respondent.

THOMSEN, Chief Judge.

Ralph was convicted of rape and sentenced to death by three Judges, sitting without a jury, in the Circuit Court for Montgomery County on January 18, 1961.On appeal from that conviction he argued one proposition — that the extrajudicial confession admitted in evidence over objection was not his free and voluntary act: (1) because he had been questioned over a long period of time, (2) because the confession was procured as the result of an inducement; and (3) because the confession had been obtained as the result of physical violence on the part of the police.The Court of Appeals considered each of these points, decided them against the defendant, and affirmed the judgment.Ralph v. State, 226 Md. 480, 174 A.2d 163.The Supreme Court denied certiorari.Ralph v. Maryland, 369 U.S. 813, 82 S.Ct. 689, 7 L.Ed.2d 613.

Ralph thereupon filed the pending petition in this Court, contending:

"a) The said confession was obtained by Federal officers, subject to Federal law, in violation of such law and the Federal Rules of Criminal Procedure, the said confession being the result of improper conduct by and a working arrangement between the said Federal officers and the State Police Officers for the State of Maryland, all in violation of your petitioner's constitutional rights under the due process clause of the Fifth Amendment.

"b) The said confession extracted from your petitioner was as a result of improper actions of the Federal officers involved and was involuntary and was obtained in violation of your petitioner's constitutional rights under the due process clause of the Fifth Amendment.

"c) The said restraint and detention is further unlawful in that evidence, including a confession, was obtained as a result of an illegal arrest, search and seizure, all in violation of your petitioner's constitutional rights under the Fourth and Fifth Amendments.

"d) Said detention and restraint is further unlawful in that your petitioner is now informed and verily believes that the items of evidence introduced at trial, particularly certain articles of clothing, were not obtained from petitioner's automobile, as the officers stated, but were obtained at his home in violation of your petitioner's constitutional rights under the Fourth Amendment, and the false testimony with respect to which deprived petitioner of a fair trial in further violation of his constitutional rights under the Fifth Amendment.

"e) The said restraint and detention is further unlawful, in that as a result of an unreasonable and unnecessary delay by Federal police officials in bringing petitioner before a committing Magistrate, Judge, or Commissioner to be advised of his rights and the charges against him, a confession was extracted from your petitioner in violation of his constitutional rights under the Fifth and Sixth Amendments and under Rule 5(a) of the Federal Rules of Criminal Procedure."¹

The Attorney General of Maryland, representing respondent, sought dismissal of the petition on the ground that it was premature, since petitioner had not exhausted his state remedies, particularly those under the Post Conviction Procedure Act, Art. 27, §§ 645A-645J, Anno.Code of Maryland.After a hearing on the motion to dismiss, this Court filed an opinion and order staying further proceedings herein so that petitioner might file in the appropriate state court a proceeding under the PCPA.Ralph v. Pepersack, D.C., 203 F.Supp. 752.

Ralph did file such a petition, which was denied by the Circuit Court for Montgomery County.An application for leave to appeal was denied by the Court of Appeals of Maryland.Ralph v. Warden, 230 Md. 616, 185 A.2d 366.The Circuit Court granted the State's motion to dismiss the petition under the PCPA, saying that applicant's petition did not show any reasons for granting relief which had not been previously litigated or waived in prior proceedings, and that it appeared from the record that no constitutional right had been violated as alleged.The Court of Appeals held that none of the points raised by petitioner could be considered in the PCPA proceeding, because all of them had either (a) been fully litigated on the original appeal or (b) waived by not having been timely raised.No findings of historical facts were made by the state courts.²

The proceedings under the pending petition have, therefore, been reopened, witnesses produced by counsel for Ralph and by the State have been heard, and the transcript of the proceedings at the original trial has been read and considered.

On all the evidence, this Court makes the following

Findings of Fact

On March 21, 1960, the Montgomery County, Maryland, Police Department received a report of a breaking, entry, rape and sodomy in Kensington, as a result of which they sent a telegraphic message known as a "lookout" to the Metropolitan Police of Washington, D. C., as well as to Maryland police authorities.The lookout read as follows:

"PD Montgomery County, Rockville, Md. 3-31-60 * * * Burglary — Rape — Sodomy * * * Wanted for the above which occurred approximately 0230 hours date at 11003 Drum Ave. Kensington Md. the following * * * LOF C-M-25-40-5-10-155 very thick lips muscular chest close cropped kinky hair wearing a zipper jacket possibly leather.Modus operandi * * * Subject tried the front door at 0015 date Victim heard no further disturbance However turned on all lights and retired to an upstairs bedroom for the night Assailant then entered the garage through a partially open door then entered the basement through an unlocked door where he pulled the fuse box to the house power and obtained a tire iron He then went out to the rear door of the house and gained entry by forcing the door with the tire iron once in the house he went to the victim's upstairs bedroom He then shined a flashlight on the victim a-w-f 41 stating `Don't make any noise lady or I'll kill you and the boy'He then committed the above offenses A vehicle foreign to the area and observed between 2200 hours 3-20-60 and 0100 hours date was a 1956 Oldsmobile green body and white top registration unknown Warrant will be issued Will extradite Auth PD Montgomery County Rockville Md."

Three days later, on March 24, the Montgomery County Police received a report of another entry, assault and attempted rape, this time in Chevy Chase, as a result of which they issued two lookouts, one of which is set out in note ³ below; the other read as follows:

"Inter PD Montgomery Co. Rockville, Md. 3-5-60 C-144 * * * Burglary * * * Assault * * * Attempted Rape * * * LOF a C-M-28-32-5/8-5/10-165/170. Med. Brown compl thick lips, thin mustache, short kinky black hair, stocky build, barrel chested, wearing a white `T' shirt /4"×6"/ piece torn out/gray trousers and possibly sneakers.Method of travel unknown * * * wanted for offenses which occurred at 3308 Shepherd St., Chevy Chase, Md., at approx.11.25 PM 3-24-60.Any infor. pls. advise Warrants will be issued Will extradite Auth. PD Montgomery Co. Rockville, Md. F1 KGR 11.45 PM F1 TT 11.50 P.M."

These lookouts were also sent to the Metropolitan police, who were especially interested because the locations mentioned were near the District.The lookouts were read at roll-calls, particularly at the midnight roll-call on March 25-26 at the 8th Precinct in northwest Washington, adjacent to Montgomery County.

At 2:55 a.m. on March 26, the 8th Precinct received a report of a woman screaming in a wooded area in the rear of 2756 Macomb Street, N.W. Four minutes later a radio patrol car, having received the message and proceeded to the 2700 block Macomb Street, found only one person in sight, a Negro male (Ralph) standing outside a green and white Oldsmobile adjusting his clothing.He fitted closely the description of the man wanted by Montgomery County.The officers arrested Ralph and immediately sent a call for the Sex Squad, who, upon arrival, directed that Ralph be taken to the precinct station.They found Maryland license plates in the car, and non-tax paid whiskey in the trunk of the car.Although Ralph said that he did not frequent Montgomery County, he had on his person two Montgomery County traffic summonses.It appears from the testimony of one of the officers that Ralph was arrested for investigation of the Maryland crimes.

Upon Ralph's arrival at the precinct station shortly before 3:30 a.m., the Montgomery County police were promptly notified.At 3:35 a. m. the Metropolitan police questioned Ralph for 45 minutes about his activities that night and about the non-tax paid liquor in the car.Ralph said he had been stealing wine and beer from his employer and trading it for whiskey.

Officer Whalen, who was in charge of the Montgomery County investigation, was not then on duty, but Sergeant Leahey of the Montgomery County police came to the 8th Precinct Station at 3:50 a. m., saw Ralph, but did not question him, and thereafter arranged for Mrs. Peck, the victim of the rape in Kensington, to come to Metropolitan Police Headquarters later in the morning.Ralph was questioned off and on between 3:30 and 5:30 a. m. about his Washington activities, and was then transferred to Headquarters and given something to eat.

Meanwhile, Mrs. Robertson had reported to the Metropolitan Police that she had been attacked and raped in the 2700 block Macomb Street just before 3:00 a. m. She came to Headquarters, and at about 9:30 a. m., after Ralph had been questioned about the attack on her for two hours, Ralph confessed to having raped Mrs. Robertson.

Mrs. Peck arrived at Headquarters at about 10:50 a. m. Until that time Ralph had not been questioned...