DIY History | Transcribe | Campus Culture | Student protests, May-December 1971 | 1971-05-22 Daily Iowan Article: ""Alan Garfield Acquitted On Legal Technicality""

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Student protests, May-December 1971

1971-05-22 Daily Iowan Article: ""Alan Garfield Acquitted On Legal Technicality""

Alan Garfield Acquitted On Legal Technicality

DI 5/22/71
By LYNNE JOHNSON
Daily Iowan Reporter

"We got 'em at their own game," Alan Garfield, A4, said Friday after his charges of disobedience to a police officer was dismissed in police court because of a discrepancy in the filing of the charge.
Garfield, who was arrested April 6 for alleged participation in a draft bus blocking action, has originally been charged with a section of the city disorderly conduct ordinance which prohibits obstructing by lounging or loafing. 
Raymond Rohrbaugh, G, who was arrested at the same time as Garfield was acquitted of the same charge. 
The city then notified Garfield that his trial date had been reset and that his charge had been amended to disturbing the peace. 
A short time later. Garfield was informed that the city had again changed his charges and his trial date. 
He was charged with refusing the lawful order of a police officer. 
When the formal charges were drawn up, however, the city changed the number of the section of the municipal code under which the charge was filed but neglected to change the enumeration of the charge. 
The formal charge still read 'disorderly conduct,' although the code number indicated that a different section of the code was involved. 
The discrepancy was not discovered until Garfield was in the process of making his closing statement. 
" I think the prosecution has lost sight of the charge involved," he began. "I'm charged under 6.06.7, "Obedience of a Police Officer, This entails..."
"You are?" Police Court Judge Joseph Thornton exclaimed, reaching for the formal charges. 
Garfield leaned over to see the papers also. 
Seeing the discrepancy he said, "May I move for dismissal."
"You certainly may," Thornton responded. 
Flipping through the numerous typed pages on his clip board, Garfield said calmly after the dismissal. "It helps if you do a lot of research."

A student successfully defended himself Friday in police court against a charge of unlawful assembly stemming from the civil disturbances here early this month.
David Kurt, G, like many of those arrested during the recent disorders, came to trial before Judge Joseph Thornton without the benefit of legal counsel. 
Kurt, who had initially requested a jury trial, admitted several times during the trial that he was not familiar with courtroom procedure. 
"I guess I don't watch enough television," he said.
At another point when Kurt expressed some doubt about his manner of questioning a witness, he was told by Thornton, "You ask any question you want to, Mr. Kurt. I'm sure the prosecutor will object if its improper."
In returning the 'not guilty' verdict, Thornton said the prosecutor had failed to show that the group Kurt had been with at the time of his arrest had assembled for an unlawful purpose. 
Kurt said during his closing statement that he felt the whole incident had been a misunderstanding. 
"The officer told us to move along while we were moving," he said. "I just turned around to tell him we were moving, to point out the humor in the situation in order to bring things back into perspective. "
"Evidently he didn't understand my intention," Kurt added. 
One of the defense witnesses had earlier testified that the officer had said something about Kurt being a lound mouth while placing him under arrest. 
Kurt explained that his concern with the rift between the community and the students was professional. He introduced Father Robert Jackson as a character witness. Jackson testified that Kurt is contemplating becoming a priest.

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Alan Garfield Acquitted On Legal Technicality DI 5/22/71 By LYNNE JOHNSON Daily Iowan Reporter "We got 'em at their own game," Alan Garfield, A4, said Friday after his charges of disobedience to a police officer was dismissed in police court because of a discrepancy in the filing of the charge. Garfield, who was arrested April 6 for alleged participation in a draft bus blocking action, has originally been charged with a section of the city disorderly conduct ordinance which prohibits obstructing by lounging or loafing. Raymond Rohrbaugh, G, who was arrested at the same time as Garfield was acquitted of the same charge. The city then notified Garfield that his trial date had been reset and that his charge had been amended to disturbing the peace. A short time later. Garfield was informed that the city had again changed his charges and his trial date. He was charged with refusing the lawful order of a police officer. When the formal charges were drawn up, however, the city changed the number of the section of the municipal code under which the charge was filed but neglected to change the enumeration of the charge. The formal charge still read 'disorderly conduct,' although the code number indicated that a different section of the code was involved. The discrepancy was not discovered until Garfield was in the process of making his closing statement. " I think the prosecution has lost sight of the charge involved," he began. "I'm charged under 6.06.7, "Obedience of a Police Officer, This entails..." "You are?" Police Court Judge Joseph Thornton exclaimed, reaching for the formal charges. Garfield leaned over to see the papers also. Seeing the discrepancy he said, "May I move for dismissal." "You certainly may," Thornton responded. Flipping through the numerous typed pages on his clip board, Garfield said calmly after the dismissal. "It helps if you do a lot of research." A student successfully defended himself Friday in police court against a charge of unlawful assembly stemming from the civil disturbances here early this month. David Kurt, G, like many of those arrested during the recent disorders, came to trial before Judge Joseph Thornton without the benefit of legal counsel. Kurt, who had initially requested a jury trial, admitted several times during the trial that he was not familiar with courtroom procedure. "I guess I don't watch enough television," he said. At another point when Kurt expressed some doubt about his manner of questioning a witness, he was told by Thornton, "You ask any question you want to, Mr. Kurt. I'm sure the prosecutor will object if its improper." In returning the 'not guilty' verdict, Thornton said the prosecutor had failed to show that the group Kurt had been with at the time of his arrest had assembled for an unlawful purpose. Kurt said during his closing statement that he felt the whole incident had been a misunderstanding. "The officer told us to move along while we were moving," he said. "I just turned around to tell him we were moving, to point out the humor in the situation in order to bring things back into perspective. " "Evidently he didn't understand my intention," Kurt added. One of the defense witnesses had earlier testified that the officer had said something about Kurt being a lound mouth while placing him under arrest. Kurt explained that his concern with the rift between the community and the students was professional. He introduced Father Robert Jackson as a character witness. Jackson testified that Kurt is contemplating becoming a priest.