Chamberlain v. Delgado

82 P.R. 6
Procedural entryThis page is a short order in Chamberlain v. Delgado. Read the opinion of the Court — 82 P.R. Dec. 6
Supreme Court of Puerto Rico·Decided October 25, 1960·No. No. 953 (147)·Published

Opinion

Mr. Justice Saldaña

delivered the opinion of the Court.

While the Supreme Court was in session and all its justices able, Donald Leroy Chamberlain filed a petition for habeas [8]*8corpus before the subscribing justice individually.1 He alleged that the sentence of five to twelve years in the penitentiary imposed on him on May 8, 1959 by the Superior 'Court, San Juan Part, in criminal cases G-58-614, G-58-615, :and M-58-500, is illegal and consequently his commitment in the Puerto Rico State Penitentiary is also illegal. He stated the following grounds which we deem advisable to copy here literally:

“3 — That on August 30, 1959, that is, the day following his arrest, the two (2) principal newspapers of Puerto Rico, ‘El Mundo’ and ‘El Imparcial’ published in big headlines the news of his arrest and subsequent news on the following days until the date of the trial.
“4 — That the manner in which this news was published by the newspapers ‘El Mundo’ and ‘El Imparcial’ resulted in publicity exceedingly adverse and harmful to the right of the defendant to a fair and impartial trial.
“5 — That said trial was held subsequently to the adverse publicity received by the petitioner but still when his case was (affected by the adverse publicity depriving him of a fair and impartial trial.
“6 — That the effect of this adverse publicity on petitioner’s right to a fair and impartial trial had a marked influence on the result of the trial as well as on the severity of the sentence. This was due to the fact that the trial commenced in the Superior Court of San Juan, on April 13, 1959, that is, 240 days after defendant’s arrest.
“7 — That in the criminal case mentioned in the first paragraph the effect of the excessive adverse publicity received by the defendant shortly before the commencement of the trial was not cured, since there was no change of venue nor did the instructions given by the judge who proceeded (sic) the trial cure in a substantial way the serious harm done him by such [9]*9.adverse publicity, nor was the trial continued so as to cure the -effect of the adverse publicity.
“8 — The newspaper ‘El Mundo’ moved by an apparent journalistic zeal charged the defendant with the robbery of the Bank of Nova Scotia, which had occurred shortly before the defendant committed the crime with which he was charged. ‘To that effect see the cartoon in ‘El Mundo’ of August 80, 1959, published on the front page with the following caption:

Filardi Scored:

“Now it can be revealed that it was Carmelo Filardi who made the drawing of the man in the hold-up of the Bank of Nova Scotia. This drawing was made at the request of the Police Department. If the reader compares the drawing with the above photo he will realize that it is a good guess on the part of Filardi.
“The photo mentioned in the cartoon caption is a photograph -of Donald Leroy Chamberlain, the petitioner charged with attempt to commit robbery and other crimes.
“In the edition of Wednesday, September 3, 1958, the newspaper ‘El Mundo’ published the following title with a report: ‘They expect to connect Chamberlain with the Nova Scotia ROBBERY.’
“The accounts contained in these examples quoted from the newspaper ‘El Mundo’ as well as in other sources of information of the whole island were extremely prejudicial to defendant’s right to a fair and impartial trial, since the defendant petitioner has never been and probably will never be charged with the hold-up of the Bank of Nova Scotia.
“9 — That in addition to the grounds stated in the preceding paragraphs the defendant petitioner did not have the proper assistance of counsel guaranteed by the Constitution of the United States of America and the Constitution of Puerto Rico, since his attorneys did not take the necessary legal steps to •prevent such adverse publicity from affecting him in the manner which it did, since the trial was held in the city of San Juan, Puerto Rico, 240 days after the arrest and very shortly before .as will be seen by the accounts of the newspapers that adverse publicity was still having effect depriving the defendant petitioner of a fair and impartial trial.
“10 — That the general final list prepared by the Jury Commissioners to select definitively the jury which acted in the [10]*10Superior Court, San Juan Part, on the date of petitioner’s trial, did not include persons born in the United States residing in Puerto Rico, arbitrarily and to the prejudice of petitioner’s-rights. That continentals being American citizens and residents of Puerto Rico, and there being among them a large number from which to choose in Puerto Rico, and many of them being familiar with the Spanish language, they were not even considered to* form part of the jury of the Superior Court, San Juan Part.
“11 — That this action of the Jury Commissioner prejudices, substantially the rights of the defendant, all of which is in violation of the Constitution of Puerto Rico and of the United. States of America.
“12 — That with regard to the question of publicity raised, herein, the question is discussed in People v. Fournier, 77 P.R.R.. 208, but said case is distinguishable from the present one because-the facts are different and in our opinion the question of publicity-raised in People v. Fournier, supra, was decided on the basis of a. dictum, since it was not taken in consideration to decide said case.”

It is plain that this petition for habeas corpus contains no allegation whatever which justifies its being addressed to a specific Justice of the Supreme Court to obtain the writ, while said Court is in ordinary judicial session. This casé-is of no such special or exceptional character as to warrant the immediate intervention of one of the Supreme Court. Justices in this habeas corpus proceeding. On the other hand, it appears affirmatively from the petition that this is an. ordinary case, that resort may be easily had to the Supreme: Court and that its seven justices should intervene at the same-time in a body as they regularly decide all the appeals. Therefore, after analyzing the provisions of the applicable: law, the subscribing justice reached the conclusion that the. habeas corpus petition should be referred to the Court in full.. He did so, and on September 15, 1960, the Court entered the-following order in the case “considering that no sufficient and adequate grounds are stated, so that we may, in the exercise-of our original jurisdiction, proceed to take cognizance of the [11]*11case, we decide that we must, and do hereby, dismiss the petition filed.” Since this decision was unanimous, it is obvious that the subscribing justice participated in the consideration of the petition by the whole court and that he. agreed with the other justices in denying the petition filed. However, in a motion addressed to the subscribing justice personally, the petitioner insists now that “pursuant to the Code of Criminal Procedure in force in Puerto Rico ... where, a petition for habeas corpus is filed, any court or judge authorized to grant the writ, must,

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