(concurring).
I concur reluctantly in affirmance. When police brutality and judicial intemperance resulting in a denial of due process of law appear in a criminal proceeding, it may well be that responsible administration of justice requires that the proceedings be set at naught, even though the brutality and the intemperance cannot be shown to have infected the trial itself. Only the overwhelming proof of guilt here makes this case an inappropriate one for breaking new ground by imposing this prophylactic sanction. Compare concurring opinion in Killough v. United States, 114 U.S. App.D.C. 305, 317, 315 F.2d 241, 253 (1962).