Christian Burial Case; Brewster v. Williams,430 U.S. 387(1977)

The case discussed at the end of class is Brewster v. Williams,430 U.S. 387(1977).  It is the landmark case regarding police interrogation and the 6th Amendment right to counsel and is commonly known as the "Christian Burial" case.  On the afternoon of December 24, 1968, a 10 year old girl who had gone to the YMCA with her family failed to return from a trip to bathroom.  A 14 year old boy saw a resident of the YMCA, who was a recently escaped mental patient carrying a large bundle wrapped in a blanket.  He saw "two legs in it, and they were white and skinny. Williams got away before anyone could investigate and drove 160 miles from Des Moines to Davenport, Iowa, where he was arrested but the child's body was not located. 

Wlliams requested an attorney and one was found for him.  The attorney made it clear to the Davenport police that Williams had invoked his right to have an attorney present during any interrogation. Arrangements were made for Williams to be represented by an attorney named McKnight in Des Moines and the Davenport police chief and Detective Leaming were informed that Williams was not to be interrogated until he had met with Mr. McKnight in Des Moines.Nevertheless, on the drive from Davenport to Des Moines, Detective Leaming, knowing that Williams was a mental patient and deeply religious, after addressing Williams as "Reverend", delivered what has come to be known as the "Christian Burial" speech. In summary, Leamings asked Williams to think about the fact that several inches of snow was expected that night and it might hide the body.  That would deprive the child's parents of the right to give their little girl a Christian burial.  However, to avoid inflicting that grief on the family, they could stop on the way and Williams could show them the location of the body. Williams then relented and showed the detectives the body.

Williams was convicted at trial, because the court ruled he had voluntarily waived his right to have an attorney present.  The U.S. Supreme Court held that Williams had not voluntarily waived his rights but had responded to police interrogation in violation of the 6th Amendment right to counsel.