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FICTION

ALMOST OVERNIGHT..

JOHN E. O'CONNOR 7

In McDermitt v. United States, 98A. 2d 287, where a police officer, by leading the defendant on and encouraging him, induced him to make a verbal suggestion and a physical gesture and then charged him with committing an assault, the Court held:

"Courts are not so uninformed as not to be aware that there are such things as flirtations between man and man. And when flirtations are encouraged and mutual, and leads to a not unexpected intimacy or an intimacy not discouraged or repelled, such cannot be classified as an assault. Even more strongly should the rule apply when the complaining, witness is a policeman. An officer of the law, as we have said, has the duty of preventing, not encouraging crime. As appellant's counsel says in his brief, an officer should not be permitted 'to torment and tease weak men beyond their power to resist' and then attempt to make out a case of assault. (pp. 289-290)

"We do not say that the police officer was guilty of entrapment. But the evidence may be tested as if entrapment were claimed, When it appears that 'the person affected' -the police officerhas by his own insidious conduct, by patient and clever encouragement, and by setting the stage for a furtive homosexual gesture, he should not be heard to say of the accused, 'He assaulted me.

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mattachine REVIEW

Throughout the long, dreary proceedings they kept him in a special chamber, behind a partition of transparent bulletproof glass, from where he would be visible to the judges, the attorneys and the spectators. He could not hear them through the partition (not that it would have mattered: he spoke no Hebrew), but to his left was a small speaker over which the proceedings were translated for his benefit into German.

At first he had felt fear; he was still badly shaken after his seizure in Chile. But then the fear wore off, and again he felt the same boredom of disuse he had felt throughout the years of his concealment. It was not really his show, this trial, though everything appeared to center around him. It was no more his show than were the ancient religious rites the show of the animals who were thrown into the flames. There was just as little uncertainty here: the results were just as preordained. And so he lost interest, be23

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