Folksinger Will Sue Policemen

Folksinger Jackie Washington plans to file a Federal suit under the Civil Rights Act of 1960 against the two Boston policemen he claims beat him brutally last month, the CRIMSON learned yesterday.

The decision to sue came after Wednesday's action of the Boston Police Review Board finding the two officers, John Dailey and Robert X. Harvey, innocent of Washington's charges that they broke his nose, twisted his ankle, and violated his rights when they arrested him Dec. 3 for "being abroad in the nighttime." The 24-year-old singer has been found guilty of assault and battery against one of the officers, but he has appealed the conviction.

Attorney Edward J. Barshak said yesterday that Washington's suit will be filed in Federal District Court under a provision of the Civil Rights Act protecting citizens against being deprived of their rights by state officials acting under color of law." It will not be filed until after the deposition in Superior Court of the singer's appeal on the assault and battery charge.

Washington is a Negro, but the fact at the suit is being filed under the Civil Rights Act has nothing to do with his race, Barshak said. "This law is designed to protect all people, regardless of color," he added.

Neither Barshak nor Washington appeared at the Police Review Board hearing. Barshak had protested the hearing's procedures, under which his client was not allowed full rights of counsel. Washington's failure to appear was in defiance of a subpoena, which Barshak contends the Police Board did not have the right to serve.

At the hearing, Washington's side of the case was not presented. The only testimony heard was that of the two accused officers and four other policemen who saw the singer when he was brought to the station house after his arrest.

The two officers testified that they had not used "excessive force" in arresting the singer, while three of the other four witnesses said they had seen no evidence that he was injured.

The desk sergeant who was on duty when Washington was brought into the station stated that he had seen him bleeding. The sergeant's testimony, however, was not followed up by Thomas J. Roche, the assistant corporation counsel who was appointed to try the case on behalf of the absent Washington.

At the hearing, Lawrence F. O'Donnell, the accused officers' lawyer, termed Washington's charges "cheap, counterfeit propaganda" designed to "enhance his position as a performer." Barshak yesterday called O'Donnell's statement "the silliest thing I've ever heard. The most publicized aspect of the case was the dispute between the Police Commissioner and myself, and that had nothing to do with Jackie."

Barshak added that he thinks improvements in the procedures under which Police Review Board hearings are conducted will result from the Jackie Washington case. "The Commissioner indicated that my arguments had a good deal of merit, and I know he wants to do the right thing," the attorney said.

Meanwhile, CORE and other organizations are "inquiring into the whole matter of police practices," according to Boston CORE chairman Alan Gartner.