Rover Gives Judges Moral Cases Data, Evening Star (Article, May 1954)

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Rover Gives Judges Moral Cases Data in Drive for Convictions

United States Attorney Leo A. Rover took another step in his fight to raise the conviction rate in homosexual cases yesterday when he circulated an analysis of soliciting and assault cases among Municipal Court judges.

The memorandum is another link in the chain of events which was marked by an uproar after Mr. Rover complained to the board of judges about the low conviction rate. Only 38 [percent] of the defendants were convicted, he said.

At the time the attorney asked the judges if they would resent receiving an analysis by his office of the appellate cases. The judges, he said, expressed a desire to see it, except for Judge Milton S. Kronheim, jr., who criticized Mr. Rover for his action.

Highlights of the 25-page memorandum include the following points:

In a case of soliciting for lewd and immoral purpose, the complaining witness need not be corroborated by a third witness who actually saw or heard the act.

The corroboration need only be as to time and place and in some instances this may be supplied by admissions of the defendant.

Regarding assaults of an indecent nature, the memorandum holds that there are only three issues:

1. Did a touching take place

2. If so, was it intentional or accidental?

3. Was it consented to?

The attorney holds that despite the fact a case-hardened detective is sent out to receive such illicit advances, the advance still constitutes an assault unless it is encouraged or consented to.

Furthermore, the memorandum points out, a single witness may be enough to convict the defendant.

The memorandum was drawn up by Assistant United States Attorneys Leonard Braman and Alexander L. Stevas.

Since the controversial meeting of the board of judges and Mr. Rover, convictions have risen to 62 [percent] with five men judges guilty and three acquitted. However, 17 have pleaded guilty.