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Senator Edward Kennedy — Part 16
Page 18
18 / 53
FD-350 (Rev. 7-16-33)
Fe ie. postpone
violent death i is, under Massachusetts.
Haw; “to. ‘determine “when, ‘where and
~by, what: ‘means the’ persen met his
“dealt. ., a
stances ‘altending hig Geath, and the ‘
name; if known, of any person whose |
unlawful, act or negligence appears to
have contributed, thereto,” :
The judge who “resides ‘at an in-*
- quest is required to state his findings ‘
in’ writing and file. them in the Su-.
perior Court of the county: where. thé *
‘widlent death took place. The law em-
powers him to charge ‘individuals
with crime in his report,
7 ‘Since Sen. Edward’ M. ‘Kennedy
was. driving the automobile in- which |
Maty JO Kopechné drowned, July 18_
(on: " Chappaquiddick Island, it is plain»
Bhat. the now-postponed inquest into !
‘her death could have placed him in!
; at least theoretical jeopardy. of prose-
‘-eution. on: serious ‘criminal. _ charges, |
| including manslaughter (negligent,
f ; homicide. ). :
|. * This being the. éase’ it "would, be!
| unfair to condemn Mr. Kennedy for
' fprégsing his-claim that the sched-,
uled inquest would have violated his :
: [constitutional tights, No man,
i whether of high station or low, ‘should °
‘be criticized for availing himself of »
“Tf the exercise of con-,
“his rights.
_stitutional’ rights will thwart the ;
. effectiveness of a system of law en-.
forcement,” as former Supreme Court |
-Justice ‘Arthur Goldberg declared in
the -Escobedo case, “then there. is:
~something very Wrong | swith * that
system.” pte i
or a
D4. bow oS ieee Be cewe nae, ote? And
ed inquest
“The. “purpose of an inquest into a.
sand all" ‘mhaterial circum- ;
tea tae.
i .
Pale mee
(Mount Clipping in Space Below)
ae: =e
mp etee ape ee re
rm.
It is, Mr. Kennely’s ‘clalm—that
Judge James A, Boyle-.of the Edgar-
town District Court .erred legally.
* when he ruled that ihe inquest be
/opened‘to the press. This.is a ques-
“tionable contention. ‘The state’s in-
quest law declares that all persons not-
"vequired by law to attend an inquest
“magj-bevexcluded” | by the judge. BY.
weet OAL eis SETI
t, obvious implication, all “such. persons:
: need not be excluded, * and
. ut
This newspaper,. béliving that a
closed inquest would only. have- fed
suspicions ‘that the state’ s..judicial
' machinery was being manipulated in”
: the “senator's behalf, hailed Judge’
"Boyle's ruling at the time: atid sees
<no .redson to change its viewpoint
“now. But-the serator’s Light to seek.
a ruling by the-full -bench of the Su-
-, preme Judicial Court on whether an”
open inquest violates his constitu- |
tional rights ought not to be doubted
; “and that, in fact, is just What Su-_
-preme Court Justice Paul C.” Reardon
provided for Tuesday in ordering the ©
inquest postponed, |
|18B0STON GLOBE
1 Boston,
a
(Indicate page, name of
"newspaper, city and state.)
Boston, Masse
BOSTON HERALD
TRAVELER
- Boston; Masso.
RECORD AMERICAN
Messe
Date: 9/4/69
Battin: Morning
‘Author:
ratte: Thomas Winship
Title: KENNEDY INCIDENT
Character:
OF .
| Classification: 6 2=
Submitting Office: — Boston |
| Being Investigated
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