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KVOS Special: Interview with John J. O'Connell

  • The promise of a long, hot summer
  • has been more than that in places
  • like Newark, New Jersey and some other spots
  • in the United States.
  • This by way of introducing our guest,
  • John J. O'Connell Attorney General
  • of the state of Washington, and a man not unfamiliar
  • with many of the problems that go into situations
  • which make long, hot summers.
  • Mr. O'Connell, let's begin by discussing this business
  • of rioting in the streets.
  • Where is it heading, and in your opinion, where is it
  • going to end?
  • Well, of course, Duane, this is one
  • of the phenomena that has attacked the United
  • States in recent years.
  • And of course, it's laid in the dissatisfaction
  • and the unhappiness and the poverty
  • and the despair of the American Negro.
  • And it has become reflected in violence and in an attitude
  • of hate or destruction.
  • And as you point out, Newark is a tragic evidence
  • of that as well as Hartford and Plainfield
  • and probably some other cities during this summer.
  • Many people relate this explosion or this passion
  • to the increase in crime and disrespect for law and order
  • in the United States today, and some of it
  • may be for that reason.
  • I think President Johnson this morning
  • indicated that until we eliminate
  • the reason for this hatred or this destructive attitude,
  • we won't be able to eliminate the actual actions that
  • take place.
  • And he's undoubtedly right.
  • I don't think, however, that this activity by the Negroes
  • particularly is necessarily the reason for the increase
  • in crime in the United States.
  • I might say this.
  • You refer to the long, hot summer.
  • We don't get those up here.
  • We've had a beautiful summer this year,
  • but some people say that the dissatisfaction is
  • related in some respect to the weather,
  • and I suppose part of it is.
  • That we have been extremely fortunate in our state
  • that the conditions that exist in other areas of the United
  • States that cause these explosions
  • do not appear to exist here in our state at this time.
  • Not even in the metropolitan areas?
  • I don't think so.
  • We have high employment.
  • As yet, we don't have any heavy ghetto
  • that many of the Eastern And Midwestern states have.
  • But unless we take some action of some kind,
  • we probably will in the years to come.
  • But the conditions that exist say in Cleveland or Chicago
  • or New York City or Newark do not
  • exist as yet in the state of Washington, which gives us
  • a passing thought, and that is, let's make sure
  • that they don't exist.
  • Is there any way that the enactment
  • by the legislature of the Fair Housing Legislation
  • might tie in to preventing this type of thing?
  • Could this be one point to touch on?
  • Well, most sociologists and other population experts
  • and civil rights folks seem to think
  • that open housing legislation would
  • be a cure all for this problem.
  • I'm not so sure whether it would be.
  • Certainly, it would aid in eliminating
  • from the feeling of the Negro the fact
  • that he is compulsorily placed in a given spot in a large city
  • and that he is free to roam around
  • and that he won't be discriminated
  • against by property owners and real estate brokers
  • and what have you.
  • But people, whether they be Negroes
  • or like I was, Irish American or Norwegians or German
  • or Italians, do sort of gather together.
  • They have a community of interest.
  • And whether you have open housing or not,
  • I think a certain amount of this will always occur.
  • It's up to the individual, and it's more
  • a matter of education and understanding
  • what you're saying than it is legislative.
  • And in the problem of the American Negro,
  • I think we should point out that we've
  • made just tremendous progress in the last 10 or 15 years.
  • Right here in our state when I got back
  • from World War II in 1946, most restaurants
  • and other places of public resort
  • didn't allow a Negro to even walk in the door.
  • They'd turned them down at the counter or at the table.
  • This doesn't occur anymore.
  • So we've made great progress that way.
  • But we aren't going to solve this rather terrifying problem
  • in a short period of time.
  • It's going to take some time.
  • You're patting us on the back in a way,
  • and yet we have a problem on the Indian reservations
  • or off the reservations, don't we?
  • Yes we do.
  • And sometimes I think if we devoted as much attention
  • to the problem of the American Indian
  • as we did to the problem of the American Negro,
  • we could solve it because the numbers are so small in so far
  • as the American Indian is concerned.
  • But this is a great problem, and of course we
  • have to upgrade both the Indian and the Negro.
  • We have to train and educate them and give them skills
  • so that they can compete in a white man's society.
  • Let's hearken back.
  • We started talking about crime in the streets.
  • In your vantage point of Attorney General,
  • do you have any close contact with people
  • in similar positions in areas where
  • they've been hit by these so-called race riots
  • this summer?
  • Yes, in most instances, I talk to the Attorney General
  • of the given state as I did this morning in New Jersey,
  • and we're very concerned, because this
  • could happen in Seattle.
  • And we'd like to know what the symptoms were
  • before it came into existence, before the violence occurred
  • and so forth.
  • So we keep abreast of these problems
  • as they occur in the United States.
  • Is there any indication, have you
  • been able to determine where the leadership is coming from
  • for these riots?
  • Is this a spontaneous thing, simply the humidity?
  • Well, Ramsey Clark, the United States Attorney General
  • was in our state last week, and he was asked that question.
  • And he certainly would know much better
  • than I. And Ramsey said that there was no conspiracy.
  • There was no leadership going from city to city
  • and inciting riots or violence.
  • I'm frankly not so sure.
  • I know human nature, and I wouldn't
  • be surprised if there where some of this,
  • although I have of course no substance or evidence
  • to document such a feeling.
  • In your opinion, and it is Clark's observation
  • that people like Carmichael, Stokely Carmichael,
  • are not actually mapping out a plan
  • but just happened on the scene?
  • Right.
  • Of course, if I were Stokely Carmichael
  • and there was a big riot going on in say, Providence, Rhode
  • Island, I'd probably drop in to see what was going on.
  • I rather think, though, that the federal government
  • keeps a close eye on conspiracies,
  • which are against the law and against the federal statutes.
  • And if they had any evidence to support
  • a charge of a conspiracy to incite a riot,
  • I'm sure they'd follow through.
  • What are the alternatives?
  • How do you stop something like this before it starts?
  • Well, the best alternatives, I think,
  • are negotiations or discussions between
  • the so-called white leadership of a given town and the Negro
  • community or the central core.
  • And as long as there are expressions
  • of goodwill and efforts made on both their parts
  • to improve the lot of those that are disadvantaged,
  • then I think the atmosphere of hostility doesn't develop.
  • I think we could use a little more of this in our state.
  • They make efforts, but it's always easy to forget.
  • You take care of your own problem
  • and take care of your own difficulties.
  • It's hard enough to solve your own sometimes.
  • And sometimes, you forget the man or the woman
  • on the other side.
  • And I think we could do a little more positive, direct work
  • with the Negro communities in our state
  • to make sure that they realize that we are cognizant
  • of their problems.
  • They are full citizens just like anyone else.
  • And they're entitled to the concern of government
  • and the concern of community groups.
  • We've heard a great deal about crime and about the awareness
  • that is apparently coming about by officials in governments
  • and by civic organizations.
  • Where are we going?
  • What's happening?
  • Well, crime I think--
  • and I guess the President of the United States
  • agrees with me-- is the number one domestic problem
  • in the United States.
  • Crime is a problem of the environment.
  • We worry a lot about air and water pollution,
  • about traffic, about many other complexities in our modern day
  • environment.
  • Crime is also such a problem of the environment.
  • If you're afraid of the security of your person
  • or the security of your property,
  • you have a first class environmental problem.
  • Crime in the United States is growing at a rate
  • several times faster than the population increase,
  • and this is true in the state of Washington.
  • Crime is a serious problem.
  • We have never nationally or statewide taken a look
  • at the methods we utilize to combat crime
  • or prevent crime to see what we can do about it.
  • So the president just completed a commissioned study on crime,
  • and in the last part of his report,
  • he indicates that when all is said and done,
  • 90% of the problem of crime is state and local in nature.
  • We read about the FBI and we watch their programs,
  • and they're a great national law enforcement institution.
  • But the fact remains that they only
  • work in a very little narrow area of crime.
  • Crime, the burglary, the robbery, the assault,
  • the murder, the stolen car, the embezzlement, crime
  • is a matter of state and local involvement and jurisdiction.
  • So the immediate obvious answer is
  • that state and local government must do something about crime
  • if they're going to take any kind of a stand against it.
  • Well of course, we all oppose crime.
  • But isn't it more deep seeded than law enforcement
  • against crime?
  • Is American society gone off the tracks somewhere?
  • Well, of course we are known as a violent people,
  • and we're known as a people that are inclined to break the law.
  • But we aren't that bad.
  • A lot of people say, well, the fabric of American society
  • has just gone to pieces.
  • Well, I think one of the finest answers against that argument
  • is the behavior of our troops in Vietnam
  • who are outstanding, virile, brave soldiers.
  • If there's any consolation to be taken out
  • of Vietnam, that's about the only one I can think of.
  • But our fabric has broken down to some degree.
  • The American automobile causes a lot of our crime problem.
  • The family disintegration in the United States
  • causes much of our crime problem.
  • Family disintegration, for example,
  • well over half the American married women, mothers work, so
  • that means well over half of American families
  • when they're young have neither father nor mother at home
  • to guide them and shape them during the day.
  • And there are thousands of other reasons
  • or causes or symptoms that create our problem in crime.
  • Now, we can do something about it.
  • , Certainly the effort of the federal government to ease
  • poverty and to give hope to people who are disadvantaged is
  • an answer to the problem of crime at least in part.
  • If I were a man that didn't have a nickel to my name
  • and faced despair and hopelessness every day,
  • what reason do I have to abide by the law?
  • The law is my enemy.
  • So these people break the law.
  • They steal and they rob and they commit various other offenses.
  • There are things we can do in the social structure,
  • and there are things we can do in every aspect of our impact
  • governmental-wise with crime.
  • Law enforcement is just one part of it.
  • There has recently been For the Citizens Conference on Crime.
  • Well, after the president finished his national survey
  • and study and he clearly pointed out
  • that this was a matter of state and local involvement,
  • of course, the call was clear to us.
  • We've been thinking of it for many years,
  • but they did so much preliminary work
  • that it was extremely valuable to us.
  • So we formed a statewide citizens committee on crime
  • consisting of 57 citizens, male, female, professional
  • and otherwise, on a statewide basis.
  • And we've had our first meeting.
  • We've divided into task forces.
  • What I was concerned about was the degree
  • of concern and enthusiasm that I would get from just citizens.
  • And I was just overpowered by the reaction.
  • They are concerned about it.
  • They think that by their work and by their study,
  • they can point some directions where we can at least alleviate
  • the causes of crime.
  • Do you have any idea what these directions might be?
  • Well, let's take an area like minor offenses.
  • Misdemeanors.
  • Most of our lower courts are clogged with the alcoholics.
  • The drunken offenders.
  • I can remember when I was a City Attorney for a police
  • court in Tacoma.
  • Day after day, in came the same man or woman
  • who got 20 days, 30 days for being drunk.
  • This is their only offense.
  • They were alcoholics, and they serve virtually a life sentence
  • in a city jail for being drunk.
  • In and out.
  • In and out.
  • They'd be out a day or two days and then back in again
  • for 20 or 30.
  • Obviously, our approach to the problem
  • of the alcoholic offender or the drunk is not working out.
  • So if it isn't working out, there's
  • something wrong with it.
  • And if there's something wrong with it,
  • let's see how we can change it administratively.
  • So I think the trick is to work out some administrative device
  • handling and caring for the alcoholic offender
  • of a non-penal or imprisonment nature.
  • The same thing, I think, can be said
  • for minor traffic offenses.
  • Does this involve changing a basic law?
  • Does this tie into your proposal for constitutional reform?
  • Or could we do it with the machinery we have?
  • Oh, I think we could probably do this with that machinery.
  • But where we need constitutional reform,
  • and I think this is the number one governmental problem
  • in our state and in every state in the union,
  • is to rewrite and reshape their constitution
  • to meet the urban society, which is on us right now.
  • Let's take King County, the biggest county in our state,
  • a metropolitan county.
  • It has 32 autonomous police departments in King County.
  • This is a shocking fact when it's just exposed like that.
  • Here are 32 agencies all facing the same problem,
  • crime in a metropolitan area.
  • All autonomous, different pension system,
  • different criteria for the officer,
  • different training all the way down the line.
  • Many of these are inefficient because they're small
  • and they can't afford the specialists that's
  • required in a modern massive law enforcement agency.
  • Now, in order to coalesce this type of an operation in King
  • County, I think some constitutional revision
  • is absolutely necessary to restructure
  • our system of local and county governments
  • so in a given time like today where
  • we have this diffluence of energy in a metropolitan area
  • that we can pass a law that says we'll handle the problem
  • or we'll coalesce them in this given way.
  • What other phases of your proposal
  • get into the realm of law enforcement or justice?
  • You mean in constitution?
  • Constitution.
  • Well, clear example to me is we handle crime on a local basis
  • basically in the state of Washington.
  • And we do it by county and by city.
  • We have 39 counties in the state.
  • The officer who starts the ball rolling in so far as punishment
  • and incarceration when the criminal offender is concerned
  • is the prosecuting attorney.
  • Well, only in five counties is he elected or is he full time.
  • He's elected in every county.
  • 34 counties, he's part time.
  • Utterly ridiculous.
  • You have a part time man who is the prosecuting attorney
  • in a given county, and he has to constantly argue with himself
  • on the ethical considerations of whether he
  • can take this case privately as against this case for the state
  • or for the county publicly.
  • We should have, I think, a system of district attorneys,
  • and everyone who is a prosecuting attorney
  • should be full time.
  • I know this is a matter in Whatcom County that's
  • been of some concern.
  • In order to do that, you have to change the Constitution.
  • Because the Constitution says each county,
  • whether it be Pend Oreille with a population of 8,000 or King
  • with a population of a million shall each have an elected
  • prosecuting attorney for the borders
  • of that particular county.
  • So this all brings up more expenditures
  • of taxpayers' money.
  • Oh, not necessarily.
  • No, we have a lot of overlapping,
  • a lot of wasteful duplication.
  • We just aren't running the business of government
  • in my mind in an efficient fashion.
  • And there are some aspects of government
  • that are business in nature, and we certainly
  • can steal some very valuable expertise from the business
  • community in so far as running the government
  • on its administration level.
  • On the other hand of that scale, you
  • mentioned the full time prosecutor or district attorney
  • system.
  • What about a public defender system?
  • Is the court-appointed attorney system we now have adequate?
  • No, I don't think so.
  • I think we should have a public defender system as well,
  • and that would probably cost some money.
  • But keep in mind, when I talk about the prosecutor,
  • I'm talking about combining counties, the districts.
  • That is, a district might have three or four counties in it
  • and just one elected prosecuting attorney.
  • I think the public defender system is a good one,
  • and I don't think the appointed system, although it's
  • been upgraded in recent years, is adequate to the task.
  • Let's keep in mind, and I think that everyone
  • should keep in mind, that when we take a man's freedom away
  • from him and put him in a penitentiary,
  • we are destroying his most valuable asset
  • as a citizen of this country.
  • We take away his freedom.
  • This is what we've created ourselves for.
  • And when we do that, we must make absolutely sure
  • that it is done for proper and just cause,
  • and it should never be a casual matter as it has in the past.
  • This brings to mind, of course, a number of the recent US
  • Supreme Court rulings, which many law enforcement people say
  • have tied their hands.
  • Is this true?
  • Well, I don't think so.
  • What it's done to law enforcement
  • is make them handle their cases in a different way.
  • I know I was Prosecuting Attorney for Pierce
  • County, Tacoma for six years.
  • And the vast percentage of our cases
  • were solved by confessions, and the confessions
  • were obtained in a variety of fashions.
  • Man had no recourse to a lawyer, he was quite frequently
  • kept incommunicado in those days.
  • And I frequently worry about the man
  • that might have been convicted unjustly.
  • This comes back to haunt you once in a while.
  • But then that was the way things were done in those days.
  • I don't think the decisions of the United States Supreme Court
  • are that much of an obstacle to law enforcement.
  • I like them, basically, because anytime we
  • have a decision of the Supreme Court implementing
  • the freedom or the liberty of an individual, I like it.
  • Because to me, this is the whole magic
  • of our system of government, whether it
  • be a criminal or a Negro or a property owner
  • or a fellow playing baseball.
  • I like it.
  • I think this is the real magic of the federal system.
  • The answer to law enforcement is to get
  • more efficient, more effective, to get better personnel.
  • And I don't think these decisions will eventually
  • result in being a serious problem.
  • What of the future of automation of law enforcement?
  • Let's look ahead just a little bit.
  • Well, automation is going to be in law enforcement
  • in a very short period of time, and we'll
  • be punching buttons and keys and feeding information
  • into these mechanical monsters just
  • like every other business is.
  • And they will prove, I think, to be a great boon
  • to law enforcement.
  • Information will come to them much more quickly.
  • When you get a suspicious person you are observing,
  • you get the license number of his car,
  • in a matter of a few minutes you can
  • get a tremendous amount of information
  • to determine in your own mind whether that man is
  • a dangerous person or an innocent citizen.
  • Only a few years ago, we got a statewide teletype network here
  • in the state of Washington.
  • We were the last state on the west coast to get it.
  • And this is invaluable.
  • Prior to that, a man could commit a crime in say, Seattle.
  • He could go to Ephrata.
  • It takes days for the letter communication
  • to get to Ephrata or Spokane or Walla Walla.
  • Now, with a statewide teletype network
  • connected all over key places, I think 20 to 30 of them
  • in the state, that information is disseminated very, very
  • rapidly.
  • And that's proven to be a great help to law enforcement.
  • Briefly about the junior or middle appellate court
  • we've heard about.
  • Well, that'll be on the ballot in 1968
  • as a constitutional amendment.
  • We'll have seven constitutional amendments in 1968,
  • and most of them the public won't understand.
  • And we've probably had 200 since statehood,
  • which again points out to me the absolute necessity
  • of a Constitutional Convention where
  • delegates elected by the people will revise our document.
  • But this is worthwhile.
  • We need an intermediate appellate court.
  • I know my office in the same building
  • that our state Supreme Court does,
  • and I know how much work they do.
  • And they do need an intermediate court
  • to take some of the steam off of their efforts.
  • Sir, our time is up.
  • One last question.
  • Do you have any comment about the security
  • leak in the governor's office?
  • Oh, I don't know whether the security
  • leak was in the governor's office or not.
  • I suppose you're referring to the poll which
  • showed the governor in a disadvantageous position.
  • This was a professional poll, and I
  • assume that the results were valid,
  • at least done professionally.
  • But polls are interesting.
  • They are subject to change.
  • The public changes its mind quite a bit.
  • To me, the only real valid poll is
  • the one taken on election day by others than professionals.
  • Thank you very much.
  • State Attorney General John J. O'Connell of the State
  • of Washington.
  • Thank you, and good night.