Singer May Not Attend Police Hearing

Jackie Washington, the popular local folksinger who has charged two Boston policemen with brutality, probably will not attend Wednesday's hearing of the Police Review Board, which Police Commissioner Edmund L. McNamara called to consider the singer's complaint.

Edward J. Barshak, Washington's attorney, told the CRIMSON yesterday that the decision not to appear was made after McNamara refused a request to apply the rules of evidence at the hearing and to permit Washington to be represented by counsel.

The 24-year-old performer, an Emerson College senior, was convicted on Dec. 11 of assault and battery against one of the officers who arrested him Dec. 3 for "being abroad in the night-time." Washington's complaint alleges that the policemen, Officers Harvey and John Dailey, violated his rights by arresting him on the "night-time" charge, and brutally beat, him, breaking his nose and twisting his ankle.

Washington has appealed the assault and battery conviction to Superior Court, where he will get a jury trial. A date for the new trial has not yet been set, but will probably be scheduled for some time around the end of the month.

Washington Refused Counsel

Barshak said yesterday that Commr. McNamara had refused the singer's request for counsel and implementation of the rules of evidence at the Police Review Board hearing "simply because he doesn't read the law the way I do." McNamara feels that Washington would be just a witness at the hearing, and as such does not have the right to be represented by a lawyer. Barshak contends that Washington would appear as the complainant, not as a witness, and therefore is entitled to counsel.

The Police Review Board, which has only investigatory powers, is made up of three police captains appointed by Commr. McNamara. Barshak said he would be willing to have the case heard before the three-captain board, "though we would have preferred a civilian board," but not under the procedures prescribed by the Commissioner.

Several Boston and Roxbury civic groups, especially CORE, are taking a continuing interest in the case. Alan Gartner, chairman of Boston CORE, said yesterday that money is still being solicited for a "Jackie Washington Fund" to pay expenses. So far, $300 has been raised. Washington sang at a Brandeis benefit for the fund last night.

CORE plans to hire a full-time investigator to compile a general report on police brutality in Boston for use in the case. A CORE official said yesterday she hopes that some of the sentiment for better police service aroused by the murder Saturday of a 16-year-old Roxbury girl will aid Washington.