Mr. NELSEN. Mr. Murphy, it seems to me that you suggested a consolidation of police precincts sometime back. What has happened to the consolidation? Mr. MURPHY. Yes, Mr. Nelsen. At the time that I took this position, Chief Layton had proposed a consolidation of precincts. We are all strongly in support of it in the Police Department, and myself. The matter did come up before the City Council, and some citizens appeared at a public hearing and raised objections to this. My own view continues to be a very strong view that we should move ahead with the consolidation of precincts as rapidly as possible, because it would provide us a large number of additional police officers on the streets. Now, Chief Layton has assigned one of his inspectors to discuss with community groups and citizen groups the problems and the merits of this proposal. Chief Layton advised me only yesterday that he has had some success in winning more support for this. I hope, Mr. Congressman, this being a very strong hope, that we could begin promptly. Mr. NELSEN. It is my understanding that the City Council vetoed the idea? Mr. MURPHY. No, sir. They still have it under consideration, and Mr. Hechinger, the Chairman, is now considering what action to take about it. Mr. NELSEN. One more question. It is reported that Mr. Carmichael brandished a gun on the Thursday nite of the riot and advised his friends to go home and get a gun and come back. Now, what happened to the investigation of Mr. Carmichael, and who is handling the investigation? Mr. MURPHY. Mr. Nelsen, our Department, the Police Department, and the Federal Bureau of Investigation have worked together on this matter. The investigation is still in progress. I would prefer not to disclose all of the developments, Mr. NELSEN. To be brandishing a gun is a violation of the law, is it not? Mr. MURPHY. Well, Congressman, yes. I am not sure that the evidence concerning that fact is clear evidence. There may be conflicting evidence about that. Mr. NELSEN. Are we assured that the investigation will continue and that action will be taken if a case is made on Mr. Carmichael? Mr. MURPHY. It is still a very active investigation. POLICY IN EFFECT Mr. NELSEN. One more question. Dealing with the flexible response policy-isn't it true that this became a policy of the Police Department before your time, but it originated in the Justice Department? Mr. MURPHY. Congressman, we have dealt-I have dealt since shortly after taking this position, very closely with Military authorities. The Attorney General has been assigned some responsibility in the decision-making process. Mr. McGiffert will understand that more clearly than I do. We communicated our reports, our situation reports, directly to Military authorities. How the Attorney General came into the picture is something I am not thoroughly clear on. I am sorry, I can't help you with that. Mr. NELSEN. Now, the theory behind the flexible response is that it would save lives; property would be secondary. But isn't it also true that the flexible response policy may be directly responsible for the crime and arson that has followed in the wake of the riots? I understand we have had many incidents of arson, extortion and thievery almost every day and every night since the riots. So perhaps the flexible response policy seems to have accelerated the loss of life and limb more than it has prevented it. I think this should be taken into account. I might mention the Army. When troops are carrying guns, and not even loaded guns-it seems to me this is rather a joke. Why have a gun at all? This I can't understand. Why send them down there with an empty gun? It seems to me this is rather amusing. Mr. McGIFFERT. They carry ammunition, Mr. Nelsen, and they can load and fire on the instructions of an officer. Mr. NELSEN. No more questions. The CHAIRMAN. Mr. Dowdy. Mr. Dowdy. Mr. Murphy, I am curious about just what your views are. From what you said here this morning, you are apparently laying the blame on Chief Layton for everything that has happened around here, and you had nothing to do with it. Just exactly what are your views? Mr. MURPHY. Sir, as Director of Public Safety, I am responsible for the direction and control of Police Department, Fire Department, and Office of Civil Defense. Mr. DOWDY. Chief Layton is responsible for all of this stuff. Why haven't you done something about it instead of sitting there telling us he is to blame for it? Mr. MURPHY. I certainly never intended to imply that, Congressman. I have the highest regard for Chief Layton. I have stated publicly many times, and it is my conviction, that Chief Layton is one of the finest police administrators in this nation. I tell you, sir, that I would not have accepted this position with Chief Layton as the incumbent Chief of Police if I did not have this great respect for him and this fine Police Department, which he deserves much of the credit for developing in the past few years. Mr. DOWDY. Now, you state here, contrary to what has been in the newspapers, radio, and television at the time, that the police were not instructed not to arrest these looters. In other words, reporters tell me that you are giving this "the light touch," and that was while the looting was going on. Mr. MURPHY. I am not familiar with that quotation, sir. Mr. Dowdy. Were you misquoted? Mr. MURPHY. I am not familiar with the quotation. Mr. Dowdy. Were you misquoted? Mr. MURPHY. I can't say, sir. If I could see the whole article Mr. Dowdy. On the Thursday night that this stuff started, at about 9:30 p.m. it stated that Murphy finished his 16th news briefing by Lieutenant Fry-then it goes on down here and it says: "Murphy tells a reporter, We are giving it the light touch. There are no great numbers of men visible and he drives off in an unmarked Ford." Now, did you tell the reporter that, "we are giving it the light touch"? Mr. MURPHY. I have no recollection of making that statement, sir. Mr. DowDY. Was that your attitude that night? Mr. MURPHY. No, sir. I don't believe in a light touch in police work. Police work is a very serious business and light touches do not accomplish submission. Mr. Dowdy. Now, you came here in December, 1967, I believe. Mr. MURPHY. Yes, sir. Mr. DOWDY. You said that you checked over the provisions that were made for emergencies? Mr. MURPHY. Yes, sir. Mr. DowDY. Did you find them to be adequate? Mr. MURPHY. Yes, sir. We made some minor revisions and we intensified training, and we made some revisions in planning; but basically, they are adequate. All the time, they were building in, and Chief Layton had been building into his planning, knowledge gained from other cities and their experiences. Mr. DOWDY. I won't attempt to ask you to do it now, but I want you to make a list for the record of the changes you made in the existing provisions and orders and improvements you made in them. Mr. JAMES CLARK, GOVERNMENT OF THE DISTRICT OF COLUMBIA, Clerk, House District Committee, U.S. House of Representatives, June 27, 1968. DEAR MR. CLARK: This is to acknowledge your recent letter requesting me to enumerate any specific orders I issued or policies I established regarding the handling of civil disorders. Following my appointment as Director of Public Safety I reviewed all existing policies and memoranda of the Department pertaining to the prevention and control of civil disorders and my overall reaction to these materials was one of approval and praise. During the months preceding the disturbances in early April I attended many meetings with Chief Layton and other officials of the Department and participated in the planning discussions. My best recollection is that all the suggestions and comments were in the nature of minor refinements upon the existing plans and I in no way substantially modified any major policy decision. Please accept my apologies for the delay in responding to your inquiry. ARRESTS PATRICK V. MURPHY. Mr. DOWDY. Now, somebody was responsible for these policemen being ordered not to make arrests. Do you have any idea who it was? Mr. MURPHY. No, sir. As I stated earlier, our police officers made a very large number of arrests. Mr. DOWDY. While this looting was going on, this first night? Mr. Dowdy. Now, maybe you don't keep up with things very well. I have here a report of the arrests that were made all during the month of April. Mr. MURPHY. Yes, sir. Mr. Downy. By day. Mr. MURPHY. Yes, sir. Mr. Dowdy. And this looting occurred on the evening of April 4. Mr. MURPHY. Sir? Mr. Downy. It was demonstrated on television. People, hordes of arrests. Mr. MURPHY. Sir, there were other arrests that were made as well. Mr. Dowdy. All right. There were 131 arrests made that whole day, Mr. MURPHY. I don't have those statistics in front of me, Congress- man. Mr. Dowdy. Well, we have them here from the Police Department, (See tabulations below.) ARRESTS BY THE METROPOLITAN POLICE DEPARTMENT, GOVERNMENT OF THE DISTRICT OF COLUMBIA Curfew violation.. Other felonies and Total.. 214 143 133 133 106 98 3 4 3 3 8 253 1,116 1,024 781 470 165 164 76 429 340 302 131 105 186 174 142 181 141 1 The riots and looting started during the evening of Thursday, April 4, 1968. 6 3 1 DISTRICT OF COLUMBIA FIRE DEPARTMENT Total number of fires between March 30, 1968 and April 14, 1968, both Number of BUILDING fires between March 30, 1968 and April 14, 1968, January February. Total. BUILDING FIRES 1967 March: 30_ 31. April: 1 2. 3. 4. 5 6 7. 8. 9_ 10. 11. 12. 13. False alarms Total_ DISTRICT OF COLUMBIA FIRE DEPARTMENT March: 30. 31. April: 1. 2. 3. 4. 5, 6, 7. 8_ 9_ 10. 11. 12. 13_ 14_. Total_ Mr. FRASER. Mr. Chairman, would the gentleman yield? The disturbances of the fourth of April started at 8:30 in the evening, or actually, at 9:30 was the first report. So those arrests occurred in 212 hours, Mr. Chairman. Mr. DowDY. This was the time to start making arrests, right then. Mr. FRASER. They did make arrests, as shown in the Commissioner's report on the civil disturbances, which indicates the first arrest was made at 11:44 on April 4th for looting, less than an hour and a half after the first report came in. Mr. MURPHY. Congressman, if I may explain. The booking process, taking persons arrested to a precinct and processing them and then booking, could have resulted very well in many of these cases being booked after midnight; because our people were so overwhelmed with the problem. There was a considerable time lag in the booking process. Mr. Dowdy. The booking shows the hour they were arrested. Some of you may be satisfied. Some of the members of this Committee may |