Miriam Van Waters Papers. Male Prisoner Correspondence, 1927-1971. Correspondence: K, 1954-1971. A-71, folder 600. Schlesinger Library, Radcliffe Institute, Harvard University, Cambridge, Mass.

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Box 100 So. Walpole, Mass. July 29, 1966

Dearest Miriam, Your very beautiful letter and enclosure arrived last Monday and I also recieved yours of July 6th in good time -- But kept holding off my reply as I wanted to wait until I had seen Bill O'Halloran. He has written almost daily since the OPINION was handed down. His last one, dated the 25th July says "I have been waiting for one or two more letters from Atlanta & Missouri before going down to see you. I should have these within a day or two."

By Atlanta he means the Federal Institution there and by Missouri he means the U.S. Medical Center at Springfield.

The reasons for this correspondence are that we may NOW attack the conviction on the grounds of insanity of the man who put me here. While I haven't yet discussed this with Bill because we were going on ESCOBEDO these many months, I have a few facts that tend to show we have something here.

In June of 1964, Fratus committed an armed robbery of a Bank in Jacksonville, Florida for which was arrested and released on Bail. He prompty jumped Bail but was apprehended in late January or early February of 1965 and on February 4th 1965 he appeared in Federal District Court in Jacksonville where a Psychiatrist testified that in his opinion "Fratus is definitely and legally insane."

The result of that testimony was -- that the Judge ordered that Fratus undergo sixty days of mental examination at the Medical Center in Missouri.

In May of 1965 -- Three Psychiatrists, who examined Fratus during his 60 days, or more, stay at the Medical Center submitted their unanimous report to the Judge.

The report stated, in part, that Fratus "has schizophrenic reaction paranoid type and this is severe." and "according to the past history it is of long duration." and "Fratus is actively psychotic -- has a mental illness of long standing and requires prolonged hospitalization."

The Psychiatrists told the Judge that they were basing their findings NOT ONLY on their examination of Fratus BUT ALSO on previous psychiatric reports from Mass. State Prison at Walpole and from other Federal Institutions.

All of the above, however, had no impact on the Judge. The Judge ruled that Fratus was mentally competent and legally able to stand trial. So, he placed Mr. Fratus on Bail -- and thats the last they've seen of him because he jumped that ..

Ah'm with you with all my Love. Ah'll neve find it too hard to keep "climbin" ....... never.

XO John

Box 100 So. Walpole, Mass. Monday eve. August 1, 1966

Dearest Miriam, You will be pleased to know that Bill O'Halloran is challenging the finding of the Federal Circuit Court. He filled a brief petition for REHEARING last Thursday. We have no idea, just now, whether the Court will give the petition some attention this month, being summer, or wait until the fall.

I just quoted you in my letter to Jim: '' . . . Were Clarence Darrow alive on earth he would challenge this opinion like thunder and lightening.''

The basis for the petition is RETROACTIVITY because, while it may not be retroactive according to the Federal standard, Bill feels that the State standard ought to have been applied. The Massachusets Supreme Court has already ruled ESCOBEDO retroactive in other cases. Therefore, another Massachusetts defendant should have the same standard of justice applied to him.

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[left] I went before the Mass. Supreme Court in May of 1965 with arguments based on the ESCOBEDO rule. In denying me, the Mass. Court said:

"We are not impressed by Kerrigan's affidavit to the effect that a number of times earlier he had asked for an Attorney and that the requests were refused."

And it also said:

"The police process, in the course of which Kerrigan was interrogated, had not, as we read the record, shifted from 'investigatory to accusatory,'

But, since then, this last part about the police process has been clarified by the U.S. Supreme on June 13, 1966 it said:

"The prosecution may not use statements, whether inculpatory or exculpatory, stemming from custodial interrogation.... By custodial interrogation we mean questioning initiated by law enforcement officers after a person has been taken into custody..." Fn 4

-- Fn 4. "This is what we meant when we spoke of an investigation which had focused on the accused."

By Footnote 4, The Supreme Court of The United States also meant -- Custodial interrogation is when the process shifts from investigatory to accusatory.

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[left] So -- the investigation HAD shifted to the accusatory stage and thats where my right to an Attorney took effect. Speaking of the Attorney, it seems that the Circuit Court has found as a fact that a "request to consult counsel" was made. (This is more than the Mass. Supreme found in 1965 -- BUT, in all fairness to the Mass. Court -- The Federal Court had much more evidence to guide them.)

Aside from all that Dear Miriam, I am just fine! feel like a million! And as always

I hope & pray this finds you AS USUAL in the very best of Health and Spirits.

Very Much Love XO Always XO John

Kerrigan

Box 100 So. Walpole, Thursday Aug. 11, '66

Dearest Miriam, Both of your recent letters of the 3rd & 7th arrived in speedy time. Yesterday I recieved one from Bill O'Halloran saying that he recieved an order from the Court stating that the petition for REHEARING, denied. (They don't give reasons.) So, Bill began to prepare for Certiorari to the U.S. Supreme Court in order that they may possibly review the case.

Meanwhile he is still searching for and garnering more material with regard to the insanity of Fratus. When he has it all compiled (within the next couple of weeks I imagine) I know he'll be down to see me.

I must dash off a note to Bill now and also to Jim and to Francis. My biggest wish right now is that August 14th is a perfectly beautiful day -- in every way -- for your picnic outing. God Bless every one.

Much Love, XO always, John