text:
In accordance with the recommendations form to the business hours of the District of title I in 1963, no inference of any conof the U.S. attorney, members of the force Columbia Court of General Sessions and the stitutional question was raised about it. are directed that, U.S. Commissioner. A person arrested before
Instead, the four safeguards built into (a) After an arrested person is brought to the end of such business hours should nor
the "unnecessary delay" requirement a precinct station or to headquarters and mally be presented to a judge in the Court prior to questioning there about alleged crim- of General Sessions or the U.S. Commissioner
were designed purposely by its authors, inal offenses, he shall be clearly warned in at a regular sitting of such magistrate on the
the U.S. attorney for the District and the the following terms:
same day, but where it appears likely that Justice Department, to meet those con1. You have been placed under arrest. You presentment will not take place before the stitutional tests. are not required to say anything to us at any end of such sitting, the officers involved It is the committee's judgment that time or to answer any questions. Anything should consult an assistant U.S. attorney.
the only proper method for putting into you say may be used as evidence in court.
(e) It is important that records be kept to
orderliness the Mallory rule dilemma of 2. You may call a lawyer, or a relative, or show times of commencement and ending of a friend. Your lawyer may be present here any administrative or investigative procedure judges, prosecutors, defense lawyers, and and you may talk with him. involving the presence of the arrested person
police, is to do it by positive legislative 3. If you cannot obtain a lawyer, one may (lineups, fingerprinting, etc.), the time, cir
enactment, and that dilemma, stemming be appointed for you when you first go to cumstances, and duration of any questioning from a District case, is nationwide in imcourt.
of the arrested person and of any statement pact. I submit, any basic change in the If necessary, this warning will then be made by him, whether or not persons other interpretation of rule 5(a) can only be given in writing or explained in language than police are present, and whether any made by statutory law, as the Justice which the arrested person can readily under- warning, questioning, or statement is sound stand. If the arrested person is incapable
Department well knows. recorded. of understanding any warning, by reason of Close cooperation and consultation with
Administrative directives on arrest can alcohol, drugs, injury, or other reason, the the office of the U.S. attorney and representa
come before the courts for interpretation warning may be postponed until the ar- tives of the Department of Justice will con- against the conglomeration of Mallory rested person is capable of understanding tinue including review and examination of rule guidelines of the various courts just the warning and questions put to him. A records and directives in the implementation as easily as will cases under a positive notation shall be made of the fact that the and development of these procedures. law. As a result, the police will be just warning was given.
JOHN B. LAYTON,
as much in the dark as to what they can (b) In accordance with provisions of chap
Chief of Police. ter vi, sections 8, 9, and 10 of the manual,
or cannot do as they are today. And the every reasonable effort shall be made to com
Mr. BIBLE. Mr. President, the real parties who really suffer meanwhile are municate with the person or persons whom question we have before us today is: the law-abiding men, women and chilthe arrested person wishes to notify of his Should the Congress enact a positive dren who are victims of the increasing arrest, including use of the telephone. A statutory law for the District dealing crime crisis. record shall be made of any request of an with the vitally important subject of These administrative arrest directives arrested person to communicate with an
arrest and detention of accused persons? cannot possibly assist the trial courts, other person. If there is no request, the
Or, should that area of the law be left which must rule day to day on the admisofficer shall so note.
If a lawyer requested by the arrested per- to administrative directive or court in- sibility of confessions pursuant to the sons come to the precinct station or head- terpretations of other court interpreta- guidelines laid down by the appeals court quarters, the arrested person shall be afforded tions? Or, if you please, as Attorney here. every reasonable opportunity for confidential General Katzenbach said recently in the Congress must set into positive law what consultation consistent with safeguards publicized exchange of letters on this that law is, so all of the courts and all of against escape or the commission of an un.
complex subject with
with Chief Judge the judges will know what it is today, lawful act. If no lawyer appears, and if a Bazelon, of the U.S. Court of Appeals for tomorrow and next week. relative or friend requested by the arrested person comes to the precinct station of head- the District of Columbia, and I quote: Mr. President, what Congress approved quarters, it is advisable that one such per- In your own court of appeals, the result by the language of rule 5 of the Federal son be permitted to talk for a reasonable is too often determined by the particular Rules of Criminal Procedure, Congress time with the arrested person, though offi- panel which hears a case. Thus the consist- can now disapprove by statutory enactcers, in their discretion, may admit others. ency, the efficiency, and consequently the ment for the District of title I. It is not Communication and access to an arrested fairness of justice have suffered.
contended that this enactment, designed person by a person other than a lawyer may
It is the committee's conviction that to alter the severe application of the Malbe denied or postponed where there is a reason to believe that it is sought for the legislatively enacted law must be what lory rule, alone will curb the crime rate purpose of destroying evidence, concealing the courts should be guided by; not ad- which has risen steadily in the District stolen property, intimidating witnesses, ministrative arrest directives, changing since that Supreme Court decision in warning an accomplice, or arming or facili- as they have been in the last several 1957. It will help.
1957. It will help. The Department of tating escape by the arrested person. If such years here, and not by judge-made case Justice, the U.S. attorney, police officials, communication or access is denied, a record law since the judges themselves are in a respected member of the U.S. district shall be made stating the reason.
a complete quandary over what judges court, the District of Columbia Council (c) Members of the force are reminded that
in courts above them mean, or what a on Law Enforcement, and members of a person may be arrested only on probable cause to believe he has committed one or
Supreme Court decision above that ap- the bar have testified that a change in the more offenses. Arrested persons may be ques- peals court really means.
Mallory doctrine should provide assisttioned in a reasonable and noncoercive man- That is the cardinal reason why the ance in combating crime. Certainly, it ner concerning their knowledge of any al- Congress itself exists, to make the laws, cannot be disputed, that proper interroleged offense. The total period of actual
as section 1, article 1 of the Constitution gation free of abuse and with the safequestioning, exclusive of interruptionsrequires.
guards against abuse provided by this should be limited to 3 hours except where an arrested person consents in writing to a
The further argument is made that title, would provide a valuable tool for polygraph examination. In pursuing an in- a legislative enactment in the Mallory better law enforcement in Washington. vestigation, members of the force have a area is risky at this time because, with
Mr. President, I submit that studies, duty not only to ascertain the facts of al- out information that additional studies restudies, and more studies cannot help leged offenses (beyond the level of probable would bring, such an enactment might to deal with the crime we find on Washcause required for arrest) but also to protect be declared unconstitutional. If that oc- ington's streets today. I urge the Senaggerated accusations of crime. Investigating curred, the argument goes, then the diffi- ate to reject the amendment offered by
Maryland (Mr. officers should keep in mind that frequently cult process of having to amend the the Senator from these purposes can be fulfilled before the end Constitution is at hand, insofar as laws
TYDINGS). of 3 hours of questioning and that in any dealing with arrest and investigation are Mr. SALTONSTALL. Mr. President, event questioning should be as brief as is concerned in the District and through- will the Senator yield? consistent with these objectives. out all States. It is recalled that the
Mr. BIBLE. I yield. (d) Members of the force are also reminded Mallory decision was not on constitu- Mr. SALTONSTALL. Mr. President, that they are required to take arrested per- tional grounds but an interpretation of as I understand the position of the disout unnecessary delay, for the proceedings rule 5(a) of the Federal Rules of Crimi- tinguished Senator from Nevada today, prescribed by rule 5(a) of the Federal Rules nal Procedure.
it is to the effect that there is an opporof Criminal Procedure. This Department has When the Department of Justice tes- tunity at present for Congress to enact been advised that presentment should con- tified before the committee in support of a law that will stimulate the morale of the police and afford a greater opportu- a bill almost identical to H.R. 5688 last thing so far as the procedures are connity for safety on our streets and homes year; but, unfortunately, the bill was cerned.
cerned. This fact was pointed out ably in the District of Columbia, even though never called from the Senate Calendar by the Senator from Oregon (Mr. it may possibly delay a Supreme Court for debate and action. Because of my
for debate and action. Because of my MORSE). Administratively, the U.S. atdecision on the important question con- concern and the concern of many peo- torney and the police have the procecerning the policy of police questioning ple both here in the District of Colum
ple both here in the District of Colum- dures that are required by the bill in of suspects.
bia and throughout the Nation, I intro- administrative practice without having Mr. BIBLE. I do not believe that is duced S. 1526 which was identical with to come to the committee, without hava completely correct statement. I say to the bill reported from the Senate com- ing to have legislative authority or any my friend the Senator from Massachu- mittee last year. Senator BIBLE, the dis- change in the rules of criminal practice. setts that it is hoped that the proposed tinguished chairman of our committee, If the Senate were to adopt the Tydlegislation will strengthen the position again held hearings on this bill and we ings amendment, we would be back in of the Police Department and that it will worked long and hard in order to im- what I consider to be a very untenable give them a guideline to assist them in prove it and to insure that it would come position. making arrests.
to passage this year. We have incor- It seems to me, since we have felt in I do not believe that it would delay a porated into the bill all of the more work, the committee that the police should Supreme Court decision. On the con
able and practical features of the guide- have this right formally and should have trary, as has been stated by the senior lines recently set out by the Honorable the persuasion, legislatively and psychoSenator from Oregon, it would place us
Ramsey Clark, Assistant Attorney Gen- logically and publicly, in order to control in a position in which we could obtain a eral of the United States. This bill pro- crime which is so rapidly increasing in Supreme Court decision as to whether it vides a workable balance between the
vides a workable balance between the the District of Columbia, that we should is constitutional. The senior Senator rights of those accused of crime and the go forward and put it into legislation. from Oregon would disagree with my rights of innocent citizens upon whom
rights of innocent citizens upon whom If it is not constitutional, it will be so viewpoint. He thinks it is unconstitu- these crimes are perpetrated. It pro
It pro- held shortly. tional, and I think it is constitutional. vides a period of questioning of those ac- Mr. PASTORE. Mr. President, will
If it is constitutional, I believe that the cused of crimes, together with the most the Senator yield on that point?
Supreme Court ought to have an oppor-
reasonable and practical safeguards that Mr. DOMINICK. I yield.
tunity to say so.
we could work out.
Mr. PASTORE. The question that is There are those who would urge that not clear in my mind is this: If title 1 If it is unconstitutional, I think the
we delay this legislation because of the is designed to strengthen the hand of Supreme Court ought to say so.
grave constitutional points that are in- the police, why has the Chief of Police Mr. SALTONSTALL. If the Senator
volved. I would be the first to admit that been against it? will yield further, that is the issue which
we are dealing with an area of the crimiI raised in my question. The proposed
Mr. DOMINICK. The Chief of Police nal law where the legal precedents, con- is not against it, so far as I know. congressional action would do what we
stitutional or otherwise, are not well believe is necessary at the present time,
Mr. PASTORE. That is what has settled. However, I do not feel that we been said here. even though it may possibly delay a final
can do justice either to those accused of decision on the part of the Supreme
Mr. DOMINICK. The Chief of Police crime or to those against whom crimes said it is in effect and he did not see any Court. Mr. BIBLE. I do not oelieve it would proceeding by administrative action. We
are perpetrated by ducking the issue and use in going further. As the U.S. Attordelay it. I believe it would speed it.
must remember that prior to Mr. Clark's ney said, the procedure has been put into Mr. PASTORE. Mr. President, will recent guidelines, which provide the it should be done legislatively or admin
practice. The only question is whether the Senator yield to me?
basic outline for title I of this legislation, istratively. I do not see that the amendMr. BIBLE. I promised I would yield the District of Columbia police were un
the District of Columbia police were un- ment changes the rule of criminal proto our distinguished colleague on the der instructions from the U.S. attorney cedure. It is in the Federal Rules of committee, who has long had an inter
for the District of Columbia to refrain est in this subject.
Criminal Procedure now. from any questioning of criminal susMr. President, I yield 3 minutes to the pects between the time of arrival at the
Mr. CLARK. Mr. President, will the Senator from Colorado [Mr. DOMINICK).
Senator yield? station house and arraignment before a Mr. DOMINICK. I appreciate the magistrate. This directive, placed in ef
Mr. DOMINICK. I yield. courtesy of the distinguished Senator. fect because of the Court's interpretation
Mr. CLARK. Is it not true that if the I wish we could have had this question of the Mallory rule, inevitably hampered committee bill is approved and the before the Senate at the time we had the police in the investigation and prose- amendment is defeated, the Supreme an almost identical bill which I intro- cution of the rising crimes in the District Court will have a reasonably prompt opduced earlier and one which the commit- and may well have been a prime and con- portunity to pass on whether changes tee considered last year. This bill, with tributing factor to
factor to the skyrocketing in the Mallory rule are or are not binda few minor exceptions, is the bill ap- crime rate.
ing? proved by the committee last year and I am certainly aware of the other con- Mr. DOMINICK. That is true. it is the bill as originally sponsored by tributing factors to the rising crime rate Mr. President, I oppose the Tydings me earlier in this session.
not only in the District of Columbia but amendment and support the bill. Mr. President, the enactment of H.R. throughout the country as well. We Mr. BIBLE. Mr. President, I yield 1 5688, the District of Columbia crime bill, must continue to seek out social solutions minute to the Senator from South will be a landmark as far as the Nation's and continue to try to improve upon Carolina. Capital is concerned. It will also have other underlying conditions. However, Mr. THURMOND. Mr. President, one broad implications throughout the entire until we have some practical and work- of the most important provisions concountry.
able legislative guidelines in the District tained in H.R. 5588, the Omnibus Crime I have worked hard for this legislation of Columbia under which law enforce- bill for the District of Columbia, is title since becoming a member of the Senate ment officials and law-abiding citizens I. This title provides a rule of evidence Committee on the District of Columbia alike can operate, I am afraid we will be for the courts of the District of Columover 212 years ago. The increased crime faced with more of the same.
bia, governing the admissibility of staterate in the Nation's Capital continues to I wish to commend the distinguished ments obtained from an accused after a shock and amaze not only those of us chairman of our committee (Mr. BIBLE), lawful arrest and prior to an appearance who live, work, or visit here, but also all and other Senators on the committee before a U.S. Commissioner. The major law-abiding citizens throughout the who have worked so diligently to make purpose of this title is to modify the MalNation. this bill a reality.
lory rule in order to provide the law enThe House has passed two strong crime I wish to say a few words on the par- forcement officials of the District with a bills in the last 242 years; but unfor- ticular amendment in the short time I reasonable and realistic rule governing tunately, nothing of any consequence have remaining. If the amendment of the interrogation of suspects before arhas yet passed the Senate, As my col- the Senator from New York and the raignment. Under title I, 3 hours is alleagues will recall, the Senate Commit- Senator from Maryland should be lowed between the arrest and arraigntee on the District of Columbia reported adopted, we would not have changed a ment.
The Committee on the District of ed this procedure. They are working on trict of Columbia ?
trict of Columbia? I do not believe we Columbia has labored diligently on this tests of it. They want flexibility. This is have any such authority. section of the bill, and it deserves the a very important area of activity. The Mr. TYDINGS. No. The rule laid approval of the Senate. No one will con- American Bar Association and the Amer- down by the Court would be a rule that tend that establishing a 3-hour statutory ican Law Institute are doing research on would be applied anywhere. period of time is the perfect solution to this subject, trying to obtain facts to Mr. COOPER. We cannot lay down a the problems posed by the extreme ap- justify any proposed legislation in this special rule in the District of Columbia plications of the Mallory rule. It is ob- area.
with respect to the Mallory decision. vious that under some conditions 3 hours The Chief of Police wants to maintain Mr. TYDINGS. That is correct. We may be too long and under different con- law and order. The U.S. Attorney wants cannot legislate in a vacuum. ditions it may not be long enough. How- to maintain law and order. The Justice Mr. KENNEDY of New York. Mr. ever, this provision does recognize the Department wants to maintain law and President, in regard to the point made problem, and attempts to come to grips order. Yet they each oppose freezing the by the Senator from Mississippi, I do not with it as best as is possible under the Police Department's administrative pro- believe that any of us wish to have the circumstances. For too long, unreason- cedures into law at this time.
women of the District of Columbia atable applications of the Mallory rule I believe one relevant answer of the tacked. The problem is whether we are have allowed admittedly guilty and dan- Deputy Attorney General is found on going to enact a statute which raises gerous criminals to escape punishment pages 511 and 512 of the hearings. Sen- serious constitutional questions, serious altogether.
ators will recall the question as it was questions regarding the rights of those For these reasons, I support title I of directed to the Deputy Attorney General: accused of crime. We all believe that H.R. 5688 and oppose the pending It is not inconceivable, and in fact might this question needs to be dealt with. amendment which would eliminate it be very probable that when you have com- But we should not take steps which may from the bill.
pleted your study and have the facts before well violate the Constitution. We should Mr. BIBLE. Mr. President, I yield you, you then come to Congress with the re- not enact a statute which might make the remainder of my time to the Senator quest for legislation in this field. But in the
Senators feel good because we would interim period legislation in this area would have done something about crime in the from Mississippi (Mr. STENNIS).
Mr. STENNIS. Mr. President, I rise fact hinder your efforts to ascertain the District of Columbia, only to have the in strong support of the position of the probable effects of the Mallory rule.
statute declared unconstitutional within chairman of the committee and in op
a year. position to the amendment of the Sena
The Deputy Attorney General an
It does not seem to me that we are tor from Maryland and the Senator swered:
taking any kind of forceful action, or
That is exactly right and I think it is the kind of steps which need to be taken from New York. I have been concerned important to recognize that in the meantime to deal with crime, if we pass a statute since the Mallory rule was handed down
the public safety is not jeopardized because by the Court in 1957. Some years ago the police under this administrative regula- for which the Senator from Oregon is not I had a former Chief of Police in my of- tion will be authorized and instructed to en- going to vote because he feels that it is fice and asked him, "How many addi- gage in the same type of questioning as unconstitutional. tional men and how much additional with the statute but with greater flexibility. We believe that we should give this money do you need?" He said, "It is not
We have a crime problem. This is ad- problem the kind of study it needs, and a question of men or money. I need mitted by everyone concerned. The then come forth with the kind of statute some authority." Meaning the Mallory question is simply one of method–how which will be upheld by the courts. rule had his men so severely restricted best to proceed, in our fight against Then we shall really have done someand handicapped that they could not crime. I would simply ask that we not thing to deal with the problem. We can handle the cases.
proceed legislatively at this time. I do this if we act on the basis of experiIn all those years since the Mallory would ask that we delay legislating in mental data and careful study. decision was handed down this is the this area, pending the results of the
The PRESIDING OFFICER. All time first time the Senate has had an op- studies which the American Law Insti- on the amendment has now expired. portunity to restrict or alter its applica- tute, the American Bar Association, and
The question is on agreeing to the tion. We had better act on this measure the Justice Department are now con
amendment of the Senator from Mary
land [Mr. TYDINGS). while we have it before us rather than ducting. merely have an academic debate over
On this question the yeas and nays
By deciding not to legislate in this area whether the procedures should be at this time we will not be impeding the have been ordered; and the clerk will adopted by Executive order or through fight against crime. We will not be giv- call the roll, a congressional act. An administrative ing aid and comfort to lawbreakers, for
The legislative clerk called the roll.
Mr. LONG of Louisiana. I announce order can be changed next week or next title I simply codifies what is already month. Particularly, if there is pres- present police procedure.
that the Senator from Alaska (Mr. BARTsure from civil rights groups, it may be By deciding not to enact title I at this LETT), the Senator from Idaho (Mr. changed. We have a duty to protect time we simply heed the judgment of the CHURCH), the Senator from Louisiana the women of this city, white women, law enforcement officers who must work
[Mr. ELLENDER), the Senator from Tencolored women, all women from roaming in this area, and who would prefer the
nessee [Mr. GORE], and the Senator from rapists and roaming robbers who go up flexibility of administrative guidelines to Wyoming [Mr. McGEE] are absent on and down the streets and in the homes the inflexibility of legislative fiat, at official business. in the daytime and the nighttime. least until adequate data exist to support
I also announce that the Senator from
Minnesota (Mr. MCCARTHY] is necesThis is a chance to do something the legislative judgment. about it.
sarily absent.
Mr. CLARK. Mr. President, will the I hope the Senate will overwhelmingly Senator yield?
I further announce that, if present and defeat this weakening amendment. Mr. TYDINGS. Mr. President, how voting, the Senator from Louisiana (Mr.
ELLENDER) and the Senator from WyoThe PRESIDING OFFICER. The much time have I left?
ming (Mr. McGEE] would each vote time of the Senator has expired.
The PRESIDING OFFICER. One
"nay." Mr. TYDINGS. Mr. President, how minute.
Mr. KUCHEL. I announce that the much time have I remaining?
Mr. COOPER. Mr. President, will the Senator from South Dakota (Mr. MUNDT] The PRESIDING OFFICER. The Senator yield for one question?
is necessarily absent and, if present and Senator has 42 minutes remaining.
Mr. TYDINGS. I yield.
voting, would vote "nay." Mr. TYDINGS. Mr. President, let me Mr. COOPER. As concerns Federal
The result was announced-yeas 26, emphasize again the reason the Deputy jurisdiction and Federal procedure, do
nays 67, as follows: Attorney General, the chief law enforce- you consider that the Congress, by legis
[No. 242 Leg.] ment officer of the District of Columbia, lation, can set apart the District of Cothe U.S. Attorney, and the Chief of Po- lumbia or other areas from the re
YEAS-26 lice gave when they asked us not to mainder of the country, and so prevent
Brewster Dodd
Inouye
Javits freeze their administrative procedures the application of the Mallory decision
Kennedy, Mass. into law. They have only recently start- by the courts to cases arising in the Dis- Cooper Hartke
Kennedy, N.Y.
Long, Mo. Moss
Proxmire
Jackson Pearson
mittee is of the opinion that the right of the Magnuson Nelson
Ribicoff
Javits
law-abiding citizen to be secure in his perMcGovern Neuberger Tydings
Jordan, N.C. Prouty
son and property suffers when the guilty go
Metcalf
Williams, N.J. Cooper
Jordan, Idaho Randolph
unconvicted and that a reasonable concern Mondale Pell
Kennedy, Mass. Ribicoff
Kennedy, N.Y. Robertson
for the right of the law-abiding citizen to be NAYS-67
Dirksen
Kuchel
Russell, S.C.
free from fear in his home and in the streets
Lausche
Russell, Ga. requires that this special local problem must
Allott
Prouty
Dominick Long, Mo. Saltonstall be met by legislative action.
Anderson Hickenlooper Randolph
Eastland Long, La. Scott
Background of rule 5 of the Federal Rules
Magnuson Simpson
Bayh
Russell, S.C. Ervin
of Criminal Procedure
Hruska
Russell, Ga. Fannin
McClellan Sparkman
The complete text of the rule is as fol-
Saltonstall
McGovern Stennis
Boggs
Jordan, N.C. Scott
Fulbright McIntyre Symington Byrd, Va. Jordan, Idaho Simpson
Gruening Miller
Talmadge
"Proceedings before the Commissioner Byrd, W. Va. Kuchel
Smathers
Mondale
Thurmond
"(a) Appearance before the commissioner:
Monroney Tower
An officer making an arrest under a warrant
Long, La. Sparkman Hartke
Tydings
issued upon a complaint or any preson makStennis
Williams, N.J.
McClellan Symington Hickenlooper Moss
ing an arrest without a warrant shall take
Williams, Del.
McIntyre Talmadge
Yarborough the arrested person without unnecessary de-
McNamara Thurmond
Young, N. Dak. lay before the nearest available commisDominick Miller
Young, Ohio sioner or before any other nearby officer emEastland Monroney Williams, Del. Inouye
powered to commit persons charged with ofErvin Montoya Yarborough
NAYS-7
fenses against the laws of the United States. Fannin Morse
Young, N. Dak.
Young, Ohio Burdick
When a person arrested without a warrant
Fulbright Murphy
is brought before a commissioner or other Gruening Muskie McNamara
officer, a complaint shall be filed forthwith.
"(b) Statement by the commissioner: NOT VOTING—7
NOT VOTING—7
The commissioner shall inform the defendBartlett Gore
McCarthy Mundt
ant of the complaint against him, of his Church McCarthy Mundt
right to retain counsel, and of his right to Ellender Gore
have a preliminary examination. He shall So Mr. TYDINGS' amendment (No. 427) So the bill (H.R. 5688) was passed. also inform the defendant that he is not was rejected.
Mr. MANSFIELD. Mr. President, I required to make a statement and that any Mr. MORSE. Mr. President, I move move to reconsider the vote by which
statement made by him may be used against
him. The commissioner shall allow the deto reconsider the vote by which the the bill was passed.
fendant reasonable time and opportunity amendment was rejected.
Mr. BIBLE. Mr. President, I move to
to consult counsel and shall admit the deMr. BIBLE. Mr. President, I move to lay that motion on the table.
fendant to bail as provided in these rules. lay that motion on the table.
The motion to lay on the table was "(c) preliminary examination: The deThe motion to lay on the table was agreed to.
fendant shall not be called upon to plead. agreed to.
Mr. BIBLE. Mr. President, I have a
If the defendant waives preliminary examiThe PRESIDING OFFICER. The
nation, the commissioner shall forthwith detailed analysis of title I, which is
hold him to answer in the district court. If question is on the engrossment of the really the heart of the bill which the
the defendant does not waive examination, amendment and the third reading of the
Senate has passed. It is a detailed
a detailed the commissioner shall hear the evidence bill.
analysis of court decisions related to the within a reasonable time. The defendant The amendment was ordered to be en
Mallory case. It states in detail the con- may cross-examine witnesses against him grossed and the bill to be read a third gressional background of the case for a and may introduce evidence in his own betime. legislative change, and sets out each of half. If from the evidence it appears to the
commissioner that there is probable cause to The PRESIDING OFFICER. The bill the subsections of title I of the bill which
believe that an offense has been committed having been read the third time, the was just passed. I ask unanimous con
and that the defendant has committed it, question is, Shall it pass? sent that it be printed in the RECORD at
the commissioner shall forthwith hold him The yeas and nays have been ordered, this point.
to answer in the district court; otherwise and the clerk will call the roll.
There being no objection, the excerpts the commissioner shall discharge him. The The legislative clerk called the roll.
were ordered to be printed in the RECORD, commissioner shall admit the defendant to Mr. LONG of Louisiana. I announce as follows:
bail as provided in these rules. After con
cluding the proceeding the commissioner that the Senator from Alaska (Mr. BARTTITLE I-ADMISSIBILITY OF STATEMENTS MADE
shall transmit forthwith to the clerk of LETT), the Senator from Idaho (Mr.
BETWEEN ARREST AND APPEARANCE BEFORE
the district court all papers in the proceeding CHURCH), the Senator from Tennessee A COMMISSIONER
and any bail taken by him." [Mr. GORE], the Senator from Wyoming The purpose of title I is to provide a rule On June 29, 1940, Public Law 76-675, 54 [Mr. McGEE], the Senator from Florida of evidence for the courts of the District of Stat. 688, was approved which gave the Su[Mr. SMATHERS) are absent on official Columbia governing the admissibility of preme Court of the United States authority business.
statements obtained from an accused after a to prescribe rules of procedure for criminal
lawful arrest and prior to an appearance proceedings in the courts of the United I also announce that the Senator from
before a U.S. commissioner. The title pro- States and provided that such rules "shall Minnesota (Mr. MCCARTHY] is necessar- vides standards and
and safeguards for in- not take effect until they shall have been ily absent.
custody interrogation of persons arrested on reported to Congress by the Attorney General I further announce that, if present and probable cause and makes clear and certain at the beginning of a regular session thereof voting, the Senator from Alaska [Mr. the maximum period of time after arrest and and until after the close of such sesBARTLETT), the Senator from Idaho (Mr. prior to arraignment before a U.S. commis
sion * * *." CHURCH), the Senator from Tennessee sioner, during which such in-custody inter
The Supreme Court thereafter appointed
an Advisory Committee whose function it [Mr. GORE), the Senator from Wyoming rogation may take place.
The U.S. Supreme Court's interpretation of [Mr. McGEE], and the Senator from rule 5 of the Federal Rules of Criminal
was to draft new rules of Federal criminal
procedure. In the early drafts of this ComFlorida [Mr. SMATHERS] would each vote Procedure in the case of Mallory v. United mittee, rule 5 excluded from evidence any "yea."
States, 354 U.S. 449 (1957) has created special statement made by a defendant while the Mr. KUCHEL. I announce that the problems for law enforcement in the District defendant was held in custody in violation Senator from South Dakota (Mr. MUNDT]
of Columbia because only in the District do of the rule. However, during the deliberais necessarily absent and, if present and Federal courts have broad jurisdiction over tions of the Advisory Committee, the Su
crimes of violence which usually lack eyevoting, would vote "yea."
preme Court decided McNabb v. United witnesses, and because the courts of the Dis- States, 318 U.S. 332 (1943). The ruling of The result was announced-yeas 86, trict of Columbia have made extreme applica- his case excluded a confession obtained from nays 7, as follows: tion of the Mallory decision. The result of
an accused unlawfully detained in custody. (No. 243 Leg.]
this special local situation has been to allow Also decided during this period was United YEAS—86
guilty and dangerous criminals to escape States v. Mitchell, 322 U.S. 65 (1944).
punishment altogether receive lesser Alken
The Mitchell case qualified the McNabb
punishment by pleading guilty to lesser of -
Byrd, Va.
case by holding that a voluntarily given conAnderson Bible
Byrd, W. Va.
fenses even though they may have volun- fession would not be excluded from eviBass Boggs Cannon
tarily confessed to their crimes. This com- dence because of the illegal detention of the
accused, unless the confession resulted from to speak briefly to his wife, after which he by the House of Representatives, has been such illegal detention.
returned to the police and confessed the before Congress before. The first legislative With the law relating to admissibility of
attempts to meet this problem took the form statements obtained during illegal deten- The U.S. Court of Appeals for the District of proposed amendments to rule 5(a) and tion in this posture, the Supreme Court of Columbia Circuit reversed the case for a would have had application to all Federal promulgated the Federal Rules of Criminal new trial on two grounds, (1) that the ques- jurisdictions. Procedure on December 26, 1944, without any tioning violated rule 5(a) because the ar- In the 85th Congress, H.R. 11477 was mention of any sanction against noncom- resting officers failed to take appellant be- passed by the House and amended and appliance with rule 5. Subsequently, the rules fore a committing magistrate "as quickly proved by the Senate. were duly reported to Congress, no objection as possible," and (2) that appellant was not As a result of the Senate amendment, the was raised, and the rules became effective on informed of his right to remain silent prior bill went to conference where the conferees March 21, 1946. It must be noted that fol- to his being interrogated.
accepted the Senate amendment but added lowing the McNabb case, there was a flurry
In Elsie v. Jones v. United States (113 certain new language. The House adopted of unproductive legislative activity aimed at U.S. App. D.C. 256, 307 F. 2d 397 (1962)), the conference report but adjournment prealtering the effect of the case.
the defendant was arrested at 4:25 of a vented final action by the Senate after a Mallory v. United States and related cases
Sunday morning, confessed 312 hours later, point of order was raised concerning the new
and was brought before a committing mag- language added by the conferees. In 1957 the Supreme Court of the United istrate at 9 Monday morning. A divided In the 86th Congress, the House CommitStates decided the case of Mallory v. United court held her confessions inadmissible. tee on the Judiciary again reported similar States, 354 U.S. 449 (1957). Andrew Mallory In Charles S. Coleman v. United States legislation, H.R. 4957, but it was not enacted. was convicted of rape in the U.S. District (114 U.S. App. D.C. 185, 313 F. 2d 576 (1962)), In the 87th Congress, the House CommitCourt for the District of Columbia. The a delay of 2 hours and 5 minutes was, again tee on the District of Columbia reported Court of Appeals for the District of Columbia by a divided court, held fatal to the ad- H.R. 7053, a similar bill limited in its apaffirmed the conviction (98 U.S. App. D.C. missibility of the conviction.
plication to the District of Columbia, which 406, 236 F. 2d 701). The Supreme Court In Tony A. Coleman v. United States (317 was passed by the House. The Senate did reversed the conviction and held that if an F. 2d 891 (1963)), a divided court permitted not act on this bill. arrested person is not brought before a U.S. the conviction on one count to stand al- In the 88th Congress, the House CommitCommissioner without unnecessary delay but though based upon a confession given 1 hour tee on the District of Columbia reported and is held and interrogated by officers for the after the arrest, but reversed the conviction the House passed H.R. 7525, the so-called purpose of obtaining incriminating state- on other counts based upon confessions given omnibus crime bill. The Senate Commitments, then any statements so obtained may 2 or 3 hours after arrest.
tee on the District of Columbia considered not be received in evidence at a subsequent In a dissenting opinion in Robert A. Mus
that bill during lengthy hearings and 1 year trial.
chette v. United States (D.C. Cir. No. 17410 ago reported an amended version, recomIn so doing, the Supreme Court restated (July 25, 1963)), it was contended that a mending substantial changes including those the sanction of the McNabb and Mitchell confession obtained 25 minutes after arrest in title i (the so-called Mallory section). No cases but extended the ruling of those cases and 1 hour and 50 minutes before the ar- action was taken by the Senate on the bill. to cover situations where there was no show- rested person was presented to the commit- Early in the 89th Congress, the House ing of any causal relationship between "un- ting magistrate should be excluded.
Committee on the District of Columbia renecessary delay" and the incriminating Testimony before the committee indi- ported and the House passed H.R. 5688, whose statement.
cated that in each of these cases, the con- title 1 is identical with that of H.R. 7525, as Mallory had the further effect of creating fession was clearly voluntary and admissible the latter bill passed the House in the last confusion within the legal ranks of the bench under all of the usual legal and constitu- Congress. and bar about what constituted an "un- tional criteria. The exclusion of these con- Presently, this committee's recommendanecessary delay." In the Mallory case, the fessions except for Alston case was based tions to amend title 1 are substantially the accused was arrested on a rape charge be- solely on the lapse of time after arrest and
same as those contained in its report to the tween 2 and 2:30 p.m. His first statement prior to appearance before the U.S. Commis- Senate in the 88th Congress. The differences of admission was made about 9 p.m., and he sioner and the finding of the courts that such are set forth in detail hereafter under subdictated his confession between 11:30 p.m. lapse of time constituted an unnecessary de- title "Action Recommended by Committee." and 12 midnight. He was brought before lay within the meaning of rule 5(a) of the
The case for a legislative change in Mallory the U.S. Commissioner on the following Federal Rules of Criminal Procedure. morning. Underlying Reasons for Rule 5 and the De
In essence, the committee recommendaRecent cases in the District of Columbia
cisions of Mallory and Related Cases
tions would legislate into a statutory rule of have demonstrated that there is great un
evidence for the District of Columbia only
The courts have long been plagued by the certainty among the judges on the appellate troubling situation where an accused who
desirable and proper guidelines for the courts and district courts about how much delay
that would provide: is permissible between arrest and arraign- police station alleges that his confession was has been interrogated in the privacy of the
(1) Safeguards for accused individuals ment before a commissioner.
from improper police interrogation. coerced from him by unfair physical or menFor instance in Spriggs v. United States
(2) Protection for the public in keeping (335 F. 2d 283 (D.C. Cir. 1964)), a conviction course, his allegations are denied by the offi
tal pressures. In almost every instance, of law and order by permitting the police to was reversed because of the admission in
carry on necessary questioning of arrested cers whose word is usually accepted by the evidence of a confession made during book
individuals under clearly defined criteria. court and jury. To end these insoluble coning some 30 minutes after arrest when the flicts over the nature of such interrogations House-approved bill" (H.R. 5688) on the
The committee rejected title I of the officer told the suspect three witness had
and to minimize the opportunity for the use seen him shoot another person. of improper methods in obtaining such con
grounds that such provision would not In United States v. James J. Jones, Criminal
withstand constitutional attack because professions, are two basic underlying reasons for No. 366–63 (U.S. District Court for the Dis
tective devices were not written into it to rule 5(a) and the Mallory v. United States trict of Columbia, 1963), the trial judge ex
safeguard the rights of accused individuals decision. There are, of course, other undercluded a confession which occurred within
from improper interrogation and delay from lying reasons, such as the implementation of 15 minutes after arrest and prior to present
the time of arrest until arraignment before the constitutional rights of the accused, such ment of the arrested person to the com
a magistrate. The committee has approved as his right to counsel, and his right against mitting magistrate. The dissent in the for
recommended safeguards that it believes self-incrimination. mer case and the ruling in the latter case
will meet constitutional requirements and
The difficulty of the Mallory rule and its were based on the ground that no interro
will provide better law enforcement tools for interpretation of rule 5 is that even where it gation of any length is permissible and,
the police to protect the public. can be demonstrated that there was no coindeed, an arrested person is not to be taken
ercive conduct on the part of the police, and Rule 5(a) and Mallory v. United States—A to the precinct or headquarters for booking where all of the constitutional rights of the special problem for the District of Columand fingerprinting, but is to be taken before accused were protected, the Mallory ruling,
bia a magistrate forthwith. Thus "without un
as it has been interpreted in the District On November 5, 1963, while testifying benecessary delay" was considered to mean
of Columbia, still requires the exclusion of a fore the Senate District Committee in the "without any delay."
voluntarily given statement on the basis of 88th Congress, the Honorable Nicholas deB. In Alston v. United States (District of Covery minimal delay alone.
Katzenbach, presently Attorney General of lumbia Cir. No. 18750 (May 6, 1965)), ap
The purpose of title I, as amended, is to the United States, and then Deputy Attorney pellant was arrested at 5:51 a.m., on Febru- fill in this gap in the protection which is General of the United States, summed up the ary 22, 1964, and arrived at police head
afforded to the life and property of the law- special significance of the Mallory rule for quarters, with his wife at 5:30 a.m. Ap; abiding citizen by the criminal laws of the the District of Columbia in the following pellant's wife then sat in the homicide squad District of Columbia.
language: 1 office while appellant was taken into an ad
Congressional background joining room where police questioned him
"The Mallory rule is not frequently in"for at least 5 minutes." During this ques- Problems associated with rule 5(a) and the
voked in Federal criminal cases in jurisdictioning, appellant "stated he didn't know Mallory decision are not new to Congress. anything about [the offense] or words to Language substantially the same as that 1 P. 432, committee hearings, H.R. 7525 that effect." Appellant was then permitted contained in this bill, when it was passed (88th Cong.).


text:
package org.apache.synapse.transport.vfs;

import org.apache.axiom.om.OMOutputFormat;
import org.apache.axis2.AxisFault;
import org.apache.axis2.context.ConfigurationContext;
import org.apache.axis2.context.MessageContext;
import org.apache.axis2.description.TransportOutDescription;
import org.apache.axis2.description.Parameter;
import org.apache.axis2.transport.MessageFormatter;
import org.apache.axis2.transport.OutTransportInfo;
import org.apache.axis2.util.MessageProcessorSelector;
import org.apache.axis2.transport.base.AbstractTransportSender;
import org.apache.axis2.transport.base.BaseUtils;
import org.apache.axis2.transport.base.ManagementSupport;
import org.apache.commons.io.output.CountingOutputStream;
import org.apache.commons.logging.LogFactory;
import org.apache.commons.vfs2.FileObject;
import org.apache.commons.vfs2.FileSystemException;
import org.apache.commons.vfs2.FileSystemManager;
import org.apache.commons.vfs2.FileType;
import org.apache.commons.vfs2.impl.StandardFileSystemManager;

import java.io.IOException;

/**
 * axis2.xml - transport definition
 *  <transportSender name="file" class="org.apache.synapse.transport.vfs.VFSTransportSender">
 *      <parameter name="transport.vfs.Locking">enable|disable</parameter> ?
 *  </transportSender>
 */
public class VFSTransportSender extends AbstractTransportSender implements ManagementSupport {

    /** The VFS file system manager */
    private FileSystemManager fsManager = null;

    /**
     * By default file locking in VFS transport is turned on at a global level
     *
     * NOTE: DO NOT USE THIS FLAG, USE PollTableEntry#isFileLockingEnabled() TO CHECK WHETHER
     * FILE LOCKING IS ENABLED
     */
    private boolean globalFileLockingFlag = true;

    /**
     * The public constructor
     */
    public VFSTransportSender() {
        log = LogFactory.getLog(VFSTransportSender.class);
    }

    /**
     * Initialize the VFS file system manager and be ready to send messages
     * @param cfgCtx the axis2 configuration context
     * @param transportOut the transport-out description
     * @throws AxisFault on error
     */
    public void init(ConfigurationContext cfgCtx, TransportOutDescription transportOut)
            throws AxisFault {

        super.init(cfgCtx, transportOut);
        try {
            StandardFileSystemManager fsm = new StandardFileSystemManager();
            fsm.setConfiguration(getClass().getClassLoader().getResource("providers.xml"));
            fsm.init();
            fsManager = fsm;
            Parameter lckFlagParam = transportOut.getParameter(VFSConstants.TRANSPORT_FILE_LOCKING);
            if (lckFlagParam != null) {
                String strLockingFlag = lckFlagParam.getValue().toString();
                // by-default enabled, if explicitly specified as "disable" make it disable
                if (VFSConstants.TRANSPORT_FILE_LOCKING_DISABLED.equals(strLockingFlag)) {
                    globalFileLockingFlag = false;
                }
            }
        } catch (FileSystemException e) {
            handleException("Error initializing the file transport : " + e.getMessage(), e);
        }
    }

    /**
     * Send the given message over the VFS transport
     *
     * @param msgCtx the axis2 message context
     * @throws AxisFault on error
     */
    public void sendMessage(MessageContext msgCtx, String targetAddress,
                            OutTransportInfo outTransportInfo) throws AxisFault {

        if (waitForSynchronousResponse(msgCtx)) {
            throw new AxisFault("The VFS transport doesn't support synchronous responses. " +
                    "Please use the appropriate (out only) message exchange pattern.");
        }

        VFSOutTransportInfo vfsOutInfo = null;

        if (targetAddress != null) {
            vfsOutInfo = new VFSOutTransportInfo(targetAddress, globalFileLockingFlag);
        } else if (outTransportInfo != null && outTransportInfo instanceof VFSOutTransportInfo) {
            vfsOutInfo = (VFSOutTransportInfo) outTransportInfo;
        }

        if (vfsOutInfo != null) {
            FileObject replyFile = null;
            try {
                boolean wasError = true;
                int retryCount = 0;
                int maxRetryCount = vfsOutInfo.getMaxRetryCount();
                long reconnectionTimeout = vfsOutInfo.getReconnectTimeout();
                boolean append = vfsOutInfo.isAppend();
                boolean isUseTempFile = vfsOutInfo.isUseTempFile();
                String tempTargetFileName, actualTargetFileName = null;

                while (wasError) {
                    try {
                        retryCount++;
                        replyFile = fsManager.resolveFile(vfsOutInfo.getOutFileURI());

                        if (replyFile == null) {
                            log.error("replyFile is null");
                            throw new FileSystemException("replyFile is null");
                        }
                        wasError = false;

                    } catch (FileSystemException e) {
                        log.error("cannot resolve replyFile", e);
                        if(maxRetryCount <= retryCount) {
                            handleException("cannot resolve replyFile repeatedly: "
                                    + e.getMessage(), e);
                        }
                    }

                    if (wasError) {
                        try {
                            Thread.sleep(reconnectionTimeout);
                        } catch (InterruptedException e2) {
                            Thread.currentThread().interrupt();
                        }
                    }
                }

                if (replyFile.exists()) {
                    if (replyFile.getType() == FileType.FOLDER) {
                        if (isUseTempFile) {
                            tempTargetFileName = VFSUtils.generateTempFileName();
                            actualTargetFileName = VFSUtils.getFileName(msgCtx, vfsOutInfo);
                        } else {
                            tempTargetFileName = VFSUtils.getFileName(msgCtx, vfsOutInfo);
                        }
                        // we need to write a file containing the message to this folder
                        FileObject responseFile = fsManager.resolveFile(replyFile, tempTargetFileName);

                        // if file locking is not disabled acquire the lock
                        // before uploading the file
                        if (vfsOutInfo.isFileLockingEnabled()) {
                            acquireLockForSending(responseFile, vfsOutInfo);
                            if (!responseFile.exists()) {
                                responseFile.createFile();
                            }
                            populateResponseFile(responseFile, msgCtx,append, true);
                            VFSUtils.releaseLock(fsManager, responseFile);
                        } else {
                            if (!responseFile.exists()) {
                                responseFile.createFile();
                            }
                            populateResponseFile(responseFile, msgCtx,append, false);
                        }

                        if (isUseTempFile) {
                            responseFile.moveTo(fsManager.resolveFile(replyFile, actualTargetFileName));
                        }

                    } else if (replyFile.getType() == FileType.FILE) {
                        if (isUseTempFile) {
                            tempTargetFileName = VFSUtils.generateTempFileName();
                            actualTargetFileName = replyFile.getURL().toString();
                            replyFile = getTempFileObject(fsManager, replyFile, tempTargetFileName);
                        }

                        // if file locking is not disabled acquire the lock
                        // before uploading the file
                        if (vfsOutInfo.isFileLockingEnabled()) {
                            acquireLockForSending(replyFile, vfsOutInfo);
                            populateResponseFile(replyFile, msgCtx, append, true);
                            VFSUtils.releaseLock(fsManager, replyFile);
                        } else {
                            populateResponseFile(replyFile, msgCtx, append, false);
                        }

                        if (isUseTempFile) {
                            replyFile.moveTo(fsManager.resolveFile(actualTargetFileName));
                        }
                    } else {
                        handleException("Unsupported reply file type : " + replyFile.getType() +
                                " for file : " + vfsOutInfo.getOutFileURI());
                    }
                } else {
                    if (isUseTempFile) {
                        tempTargetFileName = VFSUtils.generateTempFileName();
                        actualTargetFileName = replyFile.getURL().toString();
                        replyFile = getTempFileObject(fsManager, replyFile, tempTargetFileName);
                    }

                    // if file locking is not disabled acquire the lock before uploading the file
                    if (vfsOutInfo.isFileLockingEnabled()) {
                        acquireLockForSending(replyFile, vfsOutInfo);
                        replyFile.createFile();
                        populateResponseFile(replyFile, msgCtx, append, true);
                        VFSUtils.releaseLock(fsManager, replyFile);
                    } else {
                        replyFile.createFile();
                        populateResponseFile(replyFile, msgCtx, append, false);
                    }

                    if (isUseTempFile) {
                        replyFile.moveTo(fsManager.resolveFile(actualTargetFileName));
                    }
                }
            } catch (FileSystemException e) {
                handleException("Error resolving reply file : " +
                        vfsOutInfo.getOutFileURI(), e);
            } finally {
                if (replyFile != null) {
                    try {
                        if (fsManager!= null &&
                            replyFile.getName() != null && replyFile.getName().getScheme() != null &&
                            replyFile.getName().getScheme().startsWith("file") &&
                            replyFile.getParent() != null && replyFile.getParent().getFileSystem() != null) {
                            fsManager.closeFileSystem(replyFile.getParent().getFileSystem());
                        }
                        replyFile.close();
                    } catch (FileSystemException ignore) {}
                }
            }
        } else {
            handleException("Unable to determine out transport information to send message");
        }
    }

    private void populateResponseFile(FileObject responseFile, MessageContext msgContext,
                                      boolean append, boolean lockingEnabled) throws AxisFault {

        MessageFormatter messageFormatter = MessageProcessorSelector.getMessageFormatter(msgContext);
        OMOutputFormat format = BaseUtils.getOMOutputFormat(msgContext);

        try {
            CountingOutputStream os = new CountingOutputStream(
                    responseFile.getContent().getOutputStream(append));
            try {
                messageFormatter.writeTo(msgContext, format, os, false);
            } finally {
                os.close();
            }

            // update metrics
            metrics.incrementMessagesSent(msgContext);
            metrics.incrementBytesSent(msgContext, os.getByteCount());

        } catch (FileSystemException e) {
            if (lockingEnabled) {
                VFSUtils.releaseLock(fsManager, responseFile);
            }
            metrics.incrementFaultsSending();
            handleException("IO Error while creating response file : " +
                            VFSUtils.maskURLPassword(responseFile.getName().getURI()), e);
        } catch (IOException e) {
            if (lockingEnabled) {
                VFSUtils.releaseLock(fsManager, responseFile);
            }
            metrics.incrementFaultsSending();
            handleException("IO Error while creating response file : " +
                            VFSUtils.maskURLPassword(responseFile.getName().getURI()), e);
        }
    }

    private void acquireLockForSending(FileObject responseFile, VFSOutTransportInfo vfsOutInfo)
            throws AxisFault {

        int tryNum = 0;
        // wait till we get the lock
        while (!VFSUtils.acquireLock(fsManager, responseFile)) {
            if (vfsOutInfo.getMaxRetryCount() == tryNum++) {
                handleException("Couldn't send the message to file : " +
                                VFSUtils.maskURLPassword(responseFile.getName().getURI()) +
                                ", unable to acquire the lock even after " + tryNum + " retries");
            } else {

                log.warn("Couldn't get the lock for the file : "
                        + VFSUtils.maskURLPassword(responseFile.getName().getURI()) + ", retry : " + tryNum
                        + " scheduled after : " + vfsOutInfo.getReconnectTimeout());
                try {
                    Thread.sleep(vfsOutInfo.getReconnectTimeout());
                } catch (InterruptedException ignore) {}
            }
        }
    }

    private FileObject getTempFileObject(FileSystemManager fsManager,
                                         FileObject originalFileObj,
                                         String fileName) throws FileSystemException {
        return fsManager.resolveFile(originalFileObj.getParent(), fileName);
    }
}

redpajama_set_name: RedPajamaGithub


Cost/Cover: Suggested contribution is $12 for adults, $8 for seniors, $5 for juniors, and $24 for families.
Details: With tight harmonies and a musical ensemble that includes clawhammer banjo, mandolin and guitars, the effect is to leave listeners with only what matters: the heart of the song and clarity over ornamentation. After leaving their home base of Virginia and living on the road for 2 years, Laura and Kagey now call Baltimore, Maryland home and it's where they wrote and recorded their fourth full-length album, Tangled Country, released May 2015. Acoustic Guitar Magazine describes the set of songs as "a handcrafted sound centered on swarming harmonies and acoustic guitars that churn like a paddlewheel and shimmer like heat waves on the highway." And like their stage performance, these songs rock and reel, and then they console you when you come back down. The Honey Dewdrops have a busy year ahead of them with festival appearances across the country and a new record on the horizon (slated for release Fall of 2018) along with their first UK tour in Jan/Feb 2019. Mark Mandeville and Raianne Richards are inheritors of a timeless legacy, creating music that is both original and evocative of a rich tradition. Blending distinctive voices and a wide range of accompaniment (guitar, harmonica, ukulele, clarinet, penny whistle, electric bass), their songs have been well-received by audiences around the eastern United States and Canada since 2010. The performance will take place in the church's handicap-accessible Fellowship Hall. Coffee, tea, and delicious homemade desserts will be available for purchase.


The time for battle is now! Monsters tumble out of the dark, wicked drow hatch vile plots, demons eager to invade the Material Plane clamor at the edges of reality, and bizarre aberrations pursue mad agendas that will plunge the world and all the planes into chaos. The people need champions to throw back the darkness, to take the fight to the dread enemies, and thwart their evil designs. While adventurers of all kinds answer the call to battle, from courageous fighters to cunning rogues, fell wizards and wise clerics, they aren't the only ones capable of taking a brave stand. Joining them is a new breed of warrior: those brilliant tacticians and inspiring leaders known as warlords. These battle-hardened champions lead the charge into combat and through their insights, tricks, and stratagems, they enable all who fight at their sides to achieve their full potential and triumph in the face of any adversity.
Call to Arms: The Warlord returns a popular archetype from older editions of the world's most popular roleplaying game to the present. First and foremost leaders, warlords aid their allies through their design and implementation of brilliant combat plans. A welcome addition to any group, warlords can help turn the tide of battle, snatching ultimate victory from the jaws of certain defeat!
Pick up your copy in PDF from Schwalb Entertainment or DriveThruRPG!
Wizards stand apart from other magic-users in how they acquire arcane knowledge. Rather than drawing on inborn talent or making some fell bargain with an otherworldly power, wizards discover magic through research and study. They delve into ancient tomes and riffle through crumbling scrolls, committing to memory all that they have learned. Their methods reward them with incredible versatility but also tempt them to peer into dark places, to learn and master the most secret arts, for there lies true and lasting power, even if its knowledge damns their souls.
Forbidden Knowledge adds seven new arcane traditions to the wizard class. Each tradition reflects a sinister avenue of study and research, offering ways to gain unique and terrible magic in exchange for madness, corruption, or worse. Using the options in this supplement, player characters can conjure up demons, bestow wicked curses, and reach beyond the bounds of reality to commune with the insane powers that screech and thrash in the primordial void. If you seek advantage against rivals and eldritch weapons to destroy enemies, that knowledge awaits you!
Pick up Forbidden Knowledge in PDF today at Schwalb Entertainment or DriveThruRPG today!
Some of the greatest and most feared figures in the history of the multiverse earned their reputations or positions by mastering the secrets of magic. From the crazed wizard who built three high towers and sealed demon lords in the dungeons below them, to the accursed mage who descended into the Abyss to confront the Queen of Dragons, to the chosen mage of the Goddess of Magic, whose influence has helped shape entire realms, these figures all command power unmatched by other mortals. Magic makes of them gods when compared to the mundane peoples. And although many such beings have earned esteem for their good works and heroic exploits, others have surrendered to their base desires and used their superhuman magical abilities for selfish ends.
The Blasphemies of Bor Bwalsch, a supplement for 5th Edition from Max Press, reveals a selection of 24 spells created by one of the multiverse's most sinister figures. As his native realm was being swallowed in the shadow of some cosmic destroyer, he used his magic to breach the boundary between realities—and through the fissure he fled, bringing his dreadful advances in dark magic to the unsuspecting world he now calls home.
Grab a PDF today on Schwalb Entertainment or from our partners at DriveThruRPG!


Could North Korea Become the Next Singapore?
With a population about twice the size of North Korea's capital Pyongyang, Singapore has a GDP per capita that is 38 times larger than North Korea's. Kim might just be taking notes when he heads to his summit with Donald Trump.
If the objective were to excite the imagination of the leader of one of the most impoverished, isolated nations on earth, it is difficult to imagine a more captivating picture than Singapore. This modern megapolis is one of the wonders of the modern world.
With a population about twice the size of North Korea's capital Pyongyang, Singapore has a GDP per capita that is 38 times larger than North Korea's. Indeed, today Singaporeans are richer on average than Americans and twice as rich as South Koreans.
Fifty three years ago when Singapore became an independent country under its founding prime minister, Lee Kuan Yew, the poor, notoriously corrupt port could have reminded one of North Korea today. But thanks to extraordinary leadership, a full embrace of the magic of market economics, and integration into the global economy, Singapore has soared. If one compares its record with that of its neighbor the Philippines, on the one hand, or Zimbabwe (an African analogue that declared independence just a few years after Singapore), on the other, the results are stunning.
Of every thousand children born in Singapore today, only 2.2 die in infancy. The United States' infant mortality rate is three times that level. In the Philippines, the number is 21 out of 1,000, and in Zimbabwe, 40. In the Bloomberg Rankings, Singapore was judged the world's healthiest country.
Each year the World Bank produces Governance Indicators metrics on government effectiveness, regulatory quality, rule of law, and control of corruption. Singapore leads the United States by a significant margin on each of these measures, and is not even on the same page with the Philippines and Zimbabwe. Scores on prevention of graft and crime show similar results.
While Freedom House's annual report on democratic participation and personal liberties ranks the US close to the top of the international league chart and puts Singapore in the bottom half, behind South Korea and the Philippines, Lee Kuan Yew made no apologies for his nation's political leadership. As Lee, who died in 2015, put it provocatively: hundreds of thousands of people who live in the democratic Philippines want to come to Singapore; how many Singaporeans want to move to the Philippines?
Undoubtedly, Kim Jong Un has no plans for North Korea adopting American-style democracy. His paramount objective is to remain, like his father and grandfather, Supreme Leader for life. But he could find a form of governance closer to that of Singapore, or more likely China, appealing.
Indeed, he may hope that by opening up North Korea's economy, he can strengthen, rather than diminish, his hold on power. Both Lee Kuan Yew and China's Xi Jinping have argued that political legitimacy depends, first and foremost, on performance. As Lee put it, "the ultimate test of the value of a political system is whether it helps that society establish conditions that improve the standard of living for the majority of its people." To Western ears, the claim that an autocratic state can govern more effectively than a democratic one sounds heretical. But in the case of Singapore, it is hard to deny that the nation Lee built has for the past five decades produced more wealth per capita, more health, and more security for ordinary citizens than any of his competitors.


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Merrick Garland's bungled response to illegal immigrant criminals
By Howie Carr on February 26, 2021
With so much bad national news — the end of American energy independence, Congressional attempts to gut the First Amendment, playing footsy with the mad mullahs of Tehran, the destruction of women's sports, etc. — sometimes we overlook what may be the Democrats' most deranged attempt to destroy the United States.
Open borders.
After four years of the feds' struggling to regain control of our own national security, the Democrats are going to open the floodgates to the Third World again.
This is welcome news for MS-13, fentanyl dealers, Muslim terrorists and millions of grifters who merely yearn to live the "everything-free-in-America" dream like the Tsarnaevs and millions of others before them.
Any lingering doubts about the Democrats' mad scheme were removed this week when Merrick Garland, the nominee for U.S. attorney general, appeared before a Senate committee.
"Do you believe," Sen. Josh Hawley, R-Mo., asked him, "that illegal entry at America's border should remain a crime?"
This was Garland's response. All dialogue guaranteed verbatim.
"Well I haven't thought about uh that question uh uh I just haven't thought about that question. I I think that you know the the president has uh made clear that we are uh a country of uh with a borders and with a concern about national security um I don't know of a proposal to uh decriminalize but still still make it uh unlawful uh to enter. I just don't know the answer to that question. I haven't thought about it um … ."
What a boob. No wonder Obama wanted him on the Supreme Court. He's a regular Sgt. Schultz from "Hogan's Heroes." He knows nothing.
Of course it doesn't really matter that Garland hasn't "thought" about illegal immigration crime or anything else. Whoever's really in charge now in D.C. has made the decision to resume the importation of a foreign underclass that will be forever dependent on government, i.e., Democrats.
Of course there's a downside for American citizens who don't have trust funds — being overrun in their own neighborhoods by staggering levels of crime, drunken driving, sexual abuse, previously eradicated infectious diseases and welfare dependency.
Let's consider some recent, typical illegal-immigrant crime in Massachusetts. These are all from the U.S. attorney's office in Boston this month.
We begin with an illegal Dominican living large in Lynn — Rafael Bautista Abreu, age 63.
He pleaded guilty in U.S. District Court to using Puerto Rican documents to rip off the welfare system.
"Bautista Abreu fraudulently received $12,222 in Food Stamps by using the stolen identity. He also received $16,080 in federally-funded MassHealth benefits from October 2008 through July 2016."
Then there's "Jane Doe" from Springfield. Increasingly, the feds are unable to determine the identity of these foreign flim-flammers, but I think we can be fairly certain "Jane" is not an Americano.
Senorita Doe was arrested last week and charged with aggravated identity theft and, you guessed it, welfare fraud.
She used a citizen's "Social Security number as her own on an application for Section 8 housing assistance benefits in October 2018. In addition, Doe is charged with stealing Social Security disability benefits from August 2017 to August 2018, and Section 8 benefits from April 2019 through February 2021.
Do you think Merrick Garland or Joe Biden care about any of this fraud? Do they ever read the Boston Police Department's own reports saying the drug trade here is controlled by illegal Dominican gangs?
Speaking of which, meet Pedro Wilson Hernandez-Castillo, 49, just indicted for his fifth illegal entry into the U.S.
"According to court documents, Hernandez-Castillo illegally re-entered the United States after being deported in August 2018, following a conviction for possession with intent to distribute cocaine and heroin."
He'd been deported three times earlier, in August 2011, July 2000 and January 1999.
To paraphrase George W. Bush, he was only selling the heroin and cocaine Americans couldn't be bothered selling.
Ever hear of a Brazilian gang called Primeiro Comando da Massachusetts (PCM)?
Come on down Breno Henrique DaSilva, a 22-year-old Brazilian illegally living in Somerville until he was sentenced to 108 months in prison for assorted armed robberies and kidnapping.
Care to guess the "gateway" cities in which PCM commits "illegal sale of firearms, drug trafficking, robberies, kidnapping and armed assaults?"
"Boston, Malden, Everett, Somerville, Framingham and Peabody, among others."
By the way, these may be the final reports of illegal-alien crime that we get out of the U.S. attorney's office in Boston for a good long while. Friday is U.S. Attorney Andrew Lelling's final day, and he'll soon by replaced by some Social Justice Warrior.
Now that Lelling's gone, what's the over-under on how long it will take U.S. Attorney Snowflake to dismiss the federal charges against state Judge Shelley Joseph? She's the former member of the Democrat State Committee who let a dangerous illegal Dominican career criminal out the box door of the Newton District courthouse so he could escape being lugged by ICE agents?
I'm betting Judge Joseph will be cut loose by the end of March. Any takers?

redpajama_set_name: RedPajamaCommonCrawl


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All that talk about relationships and communication is sincere, but it doesn't mean anything if it doesn't produce something great. That's why TEEM Technologies is ultimately focused on creating awesome designs – namely, really attractive web sites that are functional and easy to maintain, and brands that are recognizable and representative of your organization. I have the experience and expertise to accomplish that. I love the creative design process, and I love turning great ideas (yours especially) into a beautiful reality. But I also value simplicity, which is why I build your website on a Content Management System (CMS). A web site CMS that is both powerful and user-friendly so that you can maintain your own web site content easily.
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I chose the mark (the image or icon part of the logo) for my logo after I came up with the tagline "FIND YOUR PLACE ON THE WEB." The mark is meant to resemble a location marker on a map. The idea being that TEEM Technologies is here to help you develop your online presence and brand. Every organization needs to claim some digital territory and establish an identity. Essentially, find their place on the web. That's what TEEM Technologies does.


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Raise Your Hand If You'd Date Joe From You. You're Not Alone
Beth Dubber/Netflix
Women explain why they're obsessed with a guy who's supposed to be their worst nightmare.
"How do I know you aren't a murderer?" Eva Marie-Saint's character asks Cary Grant's character, flirtily, in the classic 1959 film North By Northwest. "Maybe you're planning to murder me right here, tonight."
Fifty-six years later on The CW's Crazy Ex Girlfriend, Rachel Bloom sings to a guy she brings home from a bar, "Please don't be a murderer. Pl-pl-pl-please don't be a murderer."
"He's cute," your friend tells you, after a promising date with a guy from an app/a grungy bar/a parking lot meet-cute. "And I don't think he's a murderer."
Dating men is risky—not just because putting yourself out there is hard, but because of the possibility of violence. Statistics prove that we aren't just being paranoid: A third of women who are murdered in the U.S. are killed by their partner, according to the most recent available data from the Center for Disease Control, and one in six women experience stalking in their life. We're reminded of these stats thanks to Hollywood's love of dead female bodies, as well as daily headlines about intimate partner violence.
So when some women express enthusiasm for dating a literal murderous stalker, it's…complicated.
You probably already know the murderous stalker in question: Penn Badgley's exquisitely sculpted, hot-even-for-TV character, Joe Goldberg. He's the protagonist of You, Netflix's surprise streaming success based on books of the same name by Caroline Kepnes. Joe fixates on beautiful (white, mostly) women, murdering everyone who gets in his way and—in the first season—he murders the woman he "loves" too.
"We all know Joe's a bad guy, on paper," says Holly, a 35-year-old guest experience manager and fan of You. "But there's something about his desire to just love and be loved that I think people relate to." (For the record, Holly wouldn't go out with Joe: "Although he'd be hard to turn down.")
People do seem to relate to Joe. After the first season—which originally aired on Lifetime and then moved to Netflix—the streaming service reported that 40 million viewers watched at least 70% of an episode. The second season was released on December 26 and has already been renewed for a third season. A You fan group I joined on Facebook has just under 40,000 members. They trade theories, share You memes, and collectively wait for season three to arrive. On January 14, one user posted a discussion question: "Who here would date a Joe?"
Penn Badgley, as Joe Goldberg in YouTyler Golden/Netflix
The nearly 600 responses came mostly from women. Many of them—at least a few hundred—said yes. I asked them why.
"Because he is so attentive, loving, and caring," Kisha, a 44-year-old writer, tells me. "Joe wanted love in return, but I would be fully aware that if I did not appreciate him, I was going to end up in a cage or dead...lol," she says.
"He has a backstory," she adds. "And like they say hurt people hurt people."
"I would definitely go out with him," says Shymaa, a 21-year-old business student. "He's my type…without the murdering part." The show, she says, "fulfills my fantasies." A hot person becoming obsessed with you is a fantasy that has, probably, equal purchase with people of all genders. Even though You attempts a stark presentation of how dangerous that fantasy can be in reality, some women weren't fooled—there's no denying elements of fantasy in the hot actor, gleaming Los Angeles scenery, and even the idea that somebody is always thinking about you.
Badgley himself has made a habit over the past year of railing against the idea that his character is lovable, or that Joe's better qualities can be separated from "the murderer part."
"Joe is not actually looking for true love," he told Entertainment Weekly. "He's not actually a person who just needs somebody who loves him. He's a murderer! He's a sociopath. He's abusive. He's delusional. And he's self-obsessed. You can't fool yourself into thinking that he just needs somebody who's right for him. Nobody's right for him!"
But not everyone sees his character that way.
"Joe is a murderer, but everything is complicated," said Alexandra, a 32-year-old artist and the owner of an art studio. If she didn't know about his "deep secrets and obsessions," she says, "I would definitely stay with him forever."
"Who will reject unconditional love?" she adds.
On the show, Joe's "unconditional love" has him following women, masturbating outside their windows, breaking into their homes, hiding in their showers, attempting to bury them alive, killing their friends and family members, cleaning blood out of a Roomba, and yes, gazing adoringly at them. Sure, plenty of women who commented saying they would date Joe are at least half joking, but they were also describing a kind of fantasy. The women I talked to didn't seem confused about whether or not dating a murderer would be fun—obviously, nobody wants to be murdered. They just seemed willing to evaluate his character holistically, and to selectively examine his more positive traits.
Penn Badgley as Joe in YouBeth Dubber/Netflix
Brittani, a 30-year-old nurse, says she would "absolutely not" go out with Joe. ("He murders people at the drop of a hat. No thank you.") But she says she enjoys hearing his inner monologue and "brutally honest" opinions. "I also admire how smart and organized he can be," she says. Other women describe Joe as "sexy" and "ready to do anything for loved ones," even knowing what they know about the character.
And many women say that Joe reminds them of men they've already dated, who they describe as stalkers and abusers. One woman I spoke to said of Joe, "Knowing what I know, I wouldn't even look [Joe's] way. I wouldn't even want to associate with him for fear of not only my life but anyone I know as well."
"I've had many men become obsessed with me in my lifetime and it's not fun," she says. "In fact, it can turn scary real quick!" These men, she says, "go to extreme lengths" to keep other people from being close to you. "Maybe [they haven't] killed anyone in a literal sense, but they slowly kill who you are and your other relationships," she says.
Another You fan I interviewed spoke about how she's currently reconsidering her relationship with her husband, who she says exhibited "similar behavioral traits" to Joe at the beginning of their relationship.
"The writer was brilliant in making the character Joe," she says. "They made him exhibit loyal behaviors most women—or men, for that matter—long for in a self-absorbed world. People justify Joe's wrongdoing because it's morally intertwined with a justified feeling from their perspective."
Shymaa agrees. "The writer gave people what they wanna see in themselves," she says. "It's a criminal reflection of most people's true selves...especially women. I mean, don't we just love 'light stalking' our partners sometimes?" To many people, identifying with the characters on the show, and particularly lusting after Joe, is crazy. But a lot of female fans made it clear that they are able to see even the bloodiest storylines as allegorical, even while acknowledging that those same storylines (stalking, killing, sex crimes), however dramatized on You, are very real threats in their lives.
Watching their own worst nightmares come true onscreen—the same way huge numbers of women devour true-crime podcasts and binge SVU episodes—is how women have always experienced entertainment. At least, many seem to be saying, let the made up perpetrator be really, really hot.
Badgley has claimed that interest in Joe, interest even in You, is a sign of our own moral corruption. "In a more just society, we would all see Joe as problematic and not be interested in the show, but that's not the society we live in," he said.
But the women who professed love and desire for Joe seem perfectly aware that he's problematic. They're used to problematic men. They're used to risking violence when they go on dates.
They're chasing desire in an unjust world. An anavrin, as the show puts it—a twisted, backward, nirvana.
Jenny Singer is a staff writer for Glamour. Follow her on Twitter @JeanValjenny.
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Kasedo – the digital PC strategy label on 'being indie dev friendly' and the studios that back that up
Seth Barton 6th June 2018	In-Depth, Publishing
A digital-only label coming out of what is primarily a PC games publisher might seem somewhat unnecessary in this day and age. But when that publisher is German strategy giant Kalypso Media it's somewhat easier to understand.
For starters, Kalypso concentrates on its big brands, such as Tropico, Dungeons, Patrician and Sudden Strike. Then of course PC games in Germany still sell significant numbers as boxed products. And the company is increasingly moving into the console space as well.
Jonathan Hales heads up the Kasedo label from its Leicester office. He's a veteran of the industry who cemented his career with a seven-year stint at Codemasters, before leading the digital business at Kalypso for a similar period.
"We would always want to publish games as boxed and digital, but what about if we found an opportunity for a games that couldn't justify the value of putting it into a boxed product? It's not about quality, but if you're looking at a £20 or £30 title it's difficult to put it to retail and get a return on that investment," he explains.
"So how do we separate the two? We came up with Kasedo Games, the digital-first division of Kalypso Media. It's not a separate company, it's a label within a label. It allows us to try new things, create new opportunities, though still within the genres we feel comfortable with and are recognised for."
The label started with Crown Takers, but has had its biggest success with Somasim's Project Highrise, which has sold over 210,000 copies to date. "Kalypso would never have looked at that game because it was a 2D sim tower, fantastic game, but we couldn't justify putting it to retail. Realistically the price point was £20, so we decided this was a Kasedo game."
The key then was making sure these smaller titles got their chance to shine. Kalypso puts out a wide range of titles already and Hales didn't want Kasedo-branded games to be "the fourth game in the row" when the press came to an event, and them then saying "I'm sorry I haven't got time for that too."
And that comes about by having real separation between the two brands: "Because we're in our own office, there is no crossover, and I mean that in a positive way, as somebody can't then think, 'I'll spend a few hours doing this instead of that'. We have our own PR and marketing, our own product managers and producers, we create our own trailers, write our own press releases, everything."
And as we regularly discuss in MCV, small publishers are certainly in vogue right now and Hales agrees:
"The timing has been good. Rob [Zubek] and Matt [Viglione] from SomaSim self-published their first game, it sold OK, it got OK reviews, but they didn't get the discoverability at all, so we found each other. We've worked together and we've released Project Highrise, and they gave a speech at GDC last year, saying: 'Why would you not want a publisher, publishers are great'.
"And I'm proud to say we're now going to work with them again… Proof is in the pudding really. We say to them: 'You be creative, allow us to do what you need us to do'. Some people need help with QA, localisation, marketing, product management, asset creation…
There's not one shoe that fits all, it's a matter of finding that perfect partnership."
The label is very excited about its current pair of prospects: Adeptus Mechanicus and Rise of Industry. Each of which it came upon in very different circumstances.
"Each game comes about in its own unique way. Rise of Industry I simply stumbled across a video and thought: 'Wow, it looks very raw, but it's just what we're looking for,'" Hales recalls.
The 'strategic tycoon' title has a strikingly simple graphical style but that's not what Hales saw in it: "I don't care what it looks like, does it play well? And I could see there was something special about the gameplay. So we reached out and made contact [with Alex Mochi, CEO at Dapper Penguin Studios], and a few months later we decided to work together."
The other upcoming title, unveiled at GDC, is Warhammer 40,000: Mechanicus, a turn-based tactical title based in the Games Workshop universe.
"Mechanicus was a completely different way of doing it. We were asked to publish a licensed game for a small indie who had already contacted Games Workshop, but we looked at the game and thought that was not quite right for us," Hales says. "However, we then got in contact with Games Workshop and they said they'd heard about us maybe using the license and would we be interested in having a conversation… They're based in Nottingham, we're based in Leicester, so it was an easy fit."
The company had worked with Bulwark before on Crown Takers and so Kasedo took the game to the developer this time. Over time it developed from a 2D title to the impressive 3D game in development today – one that we saw Firaxis staff taking a good deal of interest in at GDC.
"We've allowed them the freedom to go and create this, and we're solid now, but we've iterated the core mechanic six or seven times, because we wanted to make a game that played brilliantly," Hales says.
Rise of Industry is in early access, but Mechanicus will not be going out until it's finished he tells us: "That's purely because not one shoe fits all, for Rise of Industry, Alex [Mochi] wants feedback, he wants to iterate the game to the best of his ability, and yes we've given some feedback, but it's a complex game and he has grand plans."
We ask if Kasedo is planning on scaling up its operation in terms of titles published, but Hales is happy to keep things compact.
"Less is more, so we can give each game the focus it deserves," Hales says. "It's nice to grow your team, but not for the sake of growing it. That's not what we're interested in; we'd rather have a quantity of quality sales, rather than a quantity of titles just for the sake of having titles.
"We want to work with people again, and with one of the dev teams we've worked with, we've already signed their next game with only an idea of the concept, because again it's a perfect match. We don't have to look for another title in two and a half years time, because we know that's coming."
And are their any plans for console titles? "There are plans, but nothing I can announce at the minute, but it's 100 per cent in the pipeline. We don't want to restrict ourselves in any way, or our partners. If they can bring it to console and it's right then we'll do it.
"Realistically the whole evolution, the way Kalypso has grown organically is important, and Kalypso allowing Kasedo to do the same, I think that's what we want to do, that's our story really. We are flexible, we are approachable, and we like to think of ourselves as the indie dev team friendly guys – and that's it."
With the experience of Kalypso and the agility and focus of a small team, Kasedo certainly looks to have something going for it.
Tags In-depth kalypso Kasedo Games
About Seth Barton
Seth Barton is the editor of MCV – which covers every aspect of the industry: development, publishing, marketing and much more. Before that Seth toiled in games retail at Electronics Boutique, studied film at university, published console and PC games for the BBC, and spent many years working in tech journalism. Living in South East London, he divides his little free time between board games, video games, beer and family. You can find him tweeting @sethbarton1.
@sethbarton1
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Woody Allen's Memoir Gets Turned Down by Major Publishers
WENN/Ian Wilson
While sister Letty Aronson claims to have no knowledge over the 'Annie Hall' director writing a memoir, friend Daphne Merkin says the filmmaker is 'someone whose work is his nutrient.'
AceShowbiz - Woody Allen has reportedly been attempting to sell his memoirs but has been shunned by publishers due to the child molestation allegations levelled at the filmmaker.
The "Annie Hall" director has been accused of sexual assault by his adopted daughter Dylan Farrow, allegations he has strenuously denied for years, but which have come into renewed focus after she repeated them in the wake of the #MeToo movement.
Allen lost a multi-million dollar movie deal with Amazon due to the renewed focus on his past, and now, according to the New York Times, he has been turned down by four major publishers for his memoir.
The filmmaker's friend Daphne Merkin, told the newspaper: "He's not one to set the record straight, but presumably, the memoir is his side of things. He's the kind of person who soldiers on, and someone whose work is his nutrient. Whatever vicissitudes he's been exposed to, I think he keeps his own counsel about how all this affects and doesn't affect him."
His sister, the producer Letty Aronson, said she was unaware her brother had written a memoir.
Allen's agent John Burnham declined to officially comment but said: "For the 30 years that I've worked with Woody, the standard mantra on anything is, 'I can't discuss his business'."
In recent times, a plethora of actors have criticised Allen and expressed regret over working with him, including Greta Gerwig, Colin Firth, Ellen Page and Timothee Chalamet.
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