On the other hand, the Commonwealth accurately points out various inconsistencies between relator's testimony at his federal habeas corpus hearing and the state court records which cast further doubt on his serious accusations of police brutality.
For example, relator did not tell the doctor at the prison who examined him at the beginning of his pre-trial detention that he had been beaten. Later at a hospital near the 8th and Jefferson police station prior to his final preliminary hearing, he failed to mention the alleged beatings and would not allow the doctor to examine him supposedly because the physician was a woman.
Second, relator testified that he was held incommunicado and was prevented from calling either his family or an attorney. He admitted that Roberts persuaded a police officer to notify Mr. Lipschitz. We see no reason why relator, if he had desired, could not have asked for and received the same consideration.
Third, relator claims that the police restrained the defendants from showing their bruises at the first preliminary hearing. However, Mr. Lipschitz testified that they were in no way restrained at that time.
Fourth, relator testified that he pleaded guilty before the magistrate and later stated that he did not know if he had pleaded guilty at the magistrate's hearing.
Finally, relator advised this Court that he would obtain the presence of certain witnesses who could testify concerning the alleged beatings. No such witnesses were produced.
In view of the many inconsistencies alluded to above, as well as several gaps left open in the record which can never be filled in, it is impossible for this Court to state categorically whether relator's confession was, in fact, involuntarily induced by the police. We are of the opinion that relator has not sustained his burden of proof with respect to that issue.
Even if we assume, arguendo, the existence of a coerced confession, relator would not be entitled to a writ since we have concluded under the Collins guidelines, supra, that the said coerced confession did not taint or induce relator's subsequent guilty pleas.
The mere existence of an involuntary confession is not sufficient to invalidate a guilty plea. A guilty plea, knowingly and voluntarily entered, constitutes an admission of guilt and is a waiver of all non-jurisdictional defects and defenses. United States v. Ptomey, 366 F.2d 759 (3rd Cir. 1966); United States ex rel. Maisenhelder v. Rundle, 349 F.2d 592 (3rd Cir. 1965).
To be entitled to a writ relator must establish that the coerced confession played a substantial role in motivating or inducing the subsequent plea of guilty. United States v. Morin, 265 F.2d 241 (3rd Cir. 1959); Gilmore v. People of State of California, 364 F.2d 916 (9th Cir. 1966); Brown v. Turner, 257 F. Supp. 734, 738 (E.D.N.C.1966).
As the Court of Appeals for the Fifth Circuit recently pointed out in Busby v. Holman, 356 F.2d 75, 77-78 (5th Cir. 1966):
"* * * It is settled by a host of authorities that a judgment on a plea of guilty which has been entered voluntarily on advice of counsel is not rendered invalid because the defendant had previously made a confession under circumstances which might have rendered it inadmissible in evidence if the defendant had pleaded not guilty and had gone to trial. * * * Accordingly, a confession in the possession of the prosecutor which has been illegally obtained cannot be made the basis for a collateral attack upon a judgment of conviction entered upon a plea of guilty voluntarily and understandably made."