UM /\/ I JVL@\l 116 74 Approved For Release 2003/04/18 : CIA-RDP96-00789ROO2600060016-1 COURTD,`10M Nl\,@ PSYCHICS RUM Editors' Note: The ludicial system in this country has been using the abilities of psychics with increasing regularity. The Honorable Howard E. Gamas. acting justice of the Supreme Court. state 01 New YOr*. COMMents on what appears to be a growing trend. Justice Goldfluss is a member ot the New York State Task Force on Child Abuse and author of The Judgment. The highest priority of our judicial system should always be 'he quest for truth. Although it se eems reasonable to assume that luCges ano)uries wtil be skeotical of the claims Of ft caranormai-ESP ciawvoyaryce. psychaKinesis. and the Ike- to everyone's surprise, no one is laugh- ing. Law enforcement agencies. juries. and judges are finally acknowiedging that we don't have answers to the unexplain- able. It really shouldn't shock people that psychic phenomena have found a forum in the courts, requiring us to deal with novel and fascinating ideas. It I've learned anything as a sitting judge for IS years and as a practicing lawyer for 24. it is that the law must have an open mind. Concepts not considered a generation ago are accepted today. Trial lawyers, for instance, have psychics sit at counsel tables during the jury selectiori process n an effort to determine if prospectwe jurors are telling ft truM. Psye= clam Mw avy can weed Out undisclosed bias or prejudice. Sometime in the future the courts may have to decide the propriely of that procedure. Acceptance of psychics in ft American courtroom has been gradual. The first major publicized case occurred in 1975, when ESP was used in a trial. Joan UMe. an inmate in a Flak,40, North Carolina, jail. fatally stabbed a prism guard. She clarned he had tried to ram tw Jerry Paul. her chief defense counsel, wanted 110 know at ft outset where a potential juror's sympathy would lie. He employed psychic Rictitard Wod to consiA with him in jury selection. After LMs acquittai. Paul said, 'Ift" wasnt one hundred Percent correct. but he was more often right than wrong." Paul saw Wolf's role as essential to the reaching of the verdict. There are other examples of psychic successes that even the most laced and skeptical would find difficult-il riot impossible-4o ignore. Greta Alexander of Delavon. Illinois. calls herself a parapsy- chologist. She claims she acquired her psychic powers 26 years ago, after being struck by lightning. I know the normal reaction to such 4 claim: a wink'And a finger moving counterclockwise around the ear, signifying that the woman is playing with less than a full deck. But in 1977 she pinpointed the missing bodies of a three-year-old Wy and a twenty-one-year-old man who drowned in separate madents in Iowa. Those ciscov- eries were documented as authentic. In 1983 she again gave the police infor- mation that Led a team of 22 police and civilians volunteers to a wooded area rear Peoria. Illinois. At the designated site. they found the skeletal remains of a woman who had been missing for a month. Alexander had given the police a number of specific details about the missing woman: The head would be detached from the body (confirmed). the remains would be near a bridge (confirmed); a salt of rock pile woUd be close by (confilr"Ied). Odice agencies throughout the country now routinety consuft Alexander. W one dmdft Irw swity or believes she is a chartatan. There is strong eviderice fiw the public is growing more tolerant at psychic phenomena. Noreen Reiner. a sell- proclawned psychic in Medford. Oregon. is a case n poinL She took umbrage at an assertion by John D. Mart ill, cofwxW of Northwest Skeptics. that she was a traud. She sued for libel. At the trial she testified MA she nowed poke Vaiinees throughout the nation on the value of psychic interventm In crime riveagation. That fact was not lost on the Jury. which awarded $25.000 to Reiner and in so doling gave fair warning to all defamers simi" inclined to fty had better be prepared with the facts. Intervention by psychics will raise vexing but intriguing legal problems, including issues of coercion and the fight to privacy. Assume. says Ronald J. Allen, professor at Northwestern University School of Law that a suspect is given his Miranda rights and consents to waive the presence of a lawyer He answers questions put to him by te poke. Assume further that thie police amange to have a psychic present during ft questioning. Could his statement be sOcken because it was coercecP Allen believes this is a strong possibility. *1111 ft police have reason to believe the suspect is susceptible to that interrogation method and use it to break down his will. there could be a Fifth Amendment claim,' Allen says. California criminal lawyer Harold Weitz- man is concerned with the conse- quences of the mind-probing abilifies of psychics. A person in custody has the constituticriall right to remain silent. But if his thoughts are 'read* and transmitted to the police, has he then been deprived of a reasonable expectation of privacy? "I just don't believe it's possibW" says Weitzman, 1XA 9 psychics can do what T" say. it would be the height d a Fourth Anwxwenit violation. If theres arty place you have a reasonable expectabon of privacy. it's in your mind" For the present ftm questions are debatar*_ Acceptance d Psychic phenomena has not reacted ft point vinere facing such legal pliobleii, is kuninerIL But we will, have to deal with #W17 A #* hAunL Evitlence is akvays a riiiiatter ot degree. L=e aids Pirevaill in the courtroom Carmitnty is a rare commodity. Psychft do na OMM crinlies. nor do they resi*0 ftwaxt& &A d they contribute in any way 00 ft dSWMY Of ft truth, aw dW cet be qxxed. Those of us who participate in Ithe judicial system mimi be cmcerned with ft discovery d " as = Prime Oblec- It". The value of psychic WSOMve in &)ding the " has yet to be detenniined. Some psyo= va turn Out to be kauds; some will be legitinuft V% wiN n0t be able to Odge them untill we fisfen to what they have to say. it jus0ce is to be served. we should riot be deterred by Our ilability to explain how such a noble purpose is accomplished.00 12 OMNI Approved For Release 2003/04/18 : CIA-RDP96-00789ROO2600060016-1