James Albert Kennedy v. Jay Fairman, Warden, Pontiac Correctional Center

SPRECHER, Circuit Judge.

The question raised in this appeal is whether the district court erred in holding that the statements made by petitioner were obtained in violation of his right to counsel under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). We hold that petitioner waived his right to counsel and reverse the judgment below.

I

Petitioner, James Kennedy, was arrested on July 30, 1976 and charged with the rape and deviate sexual assault of a female with whom he worked at the Temple B’nai Abraham in Decatur, Illinois. On November 23, 1976, a jury acquitted him of the…