Word: barshak
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Attorney Edward J. Barshak said yesterday that Washington's suit will be filed in Federal District Court under a provision of the Civil Rights Act protecting citizens against being deprived of their rights by state officials acting under color of law." It will not be filed until after the deposition in Superior Court of the singer's appeal on the assault and battery charge...
Washington is a Negro, but the fact at the suit is being filed under the Civil Rights Act has nothing to do with his race, Barshak said. "This law is designed to protect all people, regardless of color," he added...
...Neither Barshak nor Washington appeared at the Police Review Board hearing. Barshak had protested the hearing's procedures, under which his client was not allowed full rights of counsel. Washington's failure to appear was in defiance of a subpoena, which Barshak contends the Police Board did not have the right to serve...
...Barshak said yesterday that Commr. McNamara had refused the singer's request for counsel and implementation of the rules of evidence at the Police Review Board hearing "simply because he doesn't read the law the way I do." McNamara feels that Washington would be just a witness at the hearing, and as such does not have the right to be represented by a lawyer. Barshak contends that Washington would appear as the complainant, not as a witness, and therefore is entitled to counsel...
...Police Review Board, which has only investigatory powers, is made up of three police captains appointed by Commr. McNamara. Barshak said he would be willing to have the case heard before the three-captain board, "though we would have preferred a civilian board," but not under the procedures prescribed by the Commissioner...