DIY History | Transcribe | Campus Culture | Student protests, May-December 1971 | 1971-05-18 Iowa City Press-Citizen Article: ""Reporter Found Guilty Of Disobeying Policeman""

Transcribe
Translate

Student protests, May-December 1971

1971-05-18 Iowa City Press-Citizen Article: ""Reporter Found Guilty Of Disobeying Policeman""

PC 5/18/71

Reporter Found Guilty Of Disobeying Policeman

Thomas C. Walsh, 20, working May 6 during downtown disturbances as a Press-Citizen reporter, was found guilty in Iowa City Police Court of failing to comply with the lawful order of a police officer that morning. The charge was changed from disorderly conduct just before the hearing. 
A charge of disorderly conduct against a second Press-Citizen reporter, Fred E. Karnes, was dismissed by the city shortly before a hearing was to begin this afternoon. Karnes had been arrested and charged while working during a disturbance May 10-11.
Judge Joseph Thornton fined Walsh $100 plus costs. Walsh has 20 days in which to file an appeal to district court which would mean a new trial of the issue in the higher court. Appeal bond is $150.
Finding Walsh guilty. Thornton held that the police had a "duty" during disturbances the night of May 5-6 to clear the streets. Hence, all remaining on the streets were subject to arrest. 
After the hearing, Thornton explained his ruling to mean that after police order an area cleared during a "civil uprising" newsmen remaining on the scene to cover the events "do it in peril."
Iowa City Police Officer James Clark, who arrested Walsh and a free-lance newsman early May 6, testified he had ordered the two plus a group of other newsmen to leave the downtown area. Testimony showed that the group of about 10 newsmen had been standing near the Washington Clinton Street intersection while persons arrested were being put on a bus there. 
Walsh, John Avery , an Associated Press photographer, and Larry Eckholt, Des Moines Register reporter, all testified that Clark had directed them to "move along" which they understood to mean move away from the sidewalk near the door of the bus. They testified they did so, moving north on the Clinton Street walk and back toward the railing separating the sidewalk and Pentacrest campus.
A few moments later, Clark placed Walsh and the other newsmen Rick Larson of Cedar Rapids, under arrest, according to testimony. 
In concluding, William M. Tucker, appearing with Daniel W. Boyle for Walsh, noted that the charge was filed under the traffic control section of the city code but that the reporter was not impeding traffic, according to testimony. Further, said Tucker, Walsh and the other newsmen testified they had complied with Clark's order to "move along."
Tucker also noted that Walsh as a reporter covering the disturbances of that night, was in a "distinctive position" in contrast with demonstrators. 
Tucker also expressed his dismay at the change in the charger against Walsh just before the hearing began Monday afternoon. 
Dennis Clark appeared as attorney for the city. 
Also fined Monday were Steven Reynolds, convicted of disorderly conduct in connection with another disturbance May 10, and Stanley Gassmann, convicted of disobeying a police officer in connection with the same disruption. 
The disobeying a police officer charge was filed against Gassmann in place of a disorderly conduct charge filed against him May 10 was dismissed and a charge of failure to obey a police officer was filed in its place. 
The judge dismissed a disorderly conduct charge filed May 6 against Frank Conway. Also dismissed Monday were disorderly conduct charges filed May 10 against Mike Collins, James Dutkiewicz, William Steig, David Stoneer, Gerald Lehman and Alfred Kimble. 
This morning, disorderly conduct charges filed May 10 against Rogene and David Omara were dropped before another day of trials got underway.

Saving...

PC 5/18/71 Reporter Found Guilty Of Disobeying Policeman Thomas C. Walsh, 20, working May 6 during downtown disturbances as a Press-Citizen reporter, was found guilty in Iowa City Police Court of failing to comply with the lawful order of a police officer that morning. The charge was changed from disorderly conduct just before the hearing. A charge of disorderly conduct against a second Press-Citizen reporter, Fred E. Karnes, was dismissed by the city shortly before a hearing was to begin this afternoon. Karnes had been arrested and charged while working during a disturbance May 10-11. Judge Joseph Thornton fined Walsh $100 plus costs. Walsh has 20 days in which to file an appeal to district court which would mean a new trial of the issue in the higher court. Appeal bond is $150. Finding Walsh guilty. Thornton held that the police had a "duty" during disturbances the night of May 5-6 to clear the streets. Hence, all remaining on the streets were subject to arrest. After the hearing, Thornton explained his ruling to mean that after police order an area cleared during a "civil uprising" newsmen remaining on the scene to cover the events "do it in peril." Iowa City Police Officer James Clark, who arrested Walsh and a free-lance newsman early May 6, testified he had ordered the two plus a group of other newsmen to leave the downtown area. Testimony showed that the group of about 10 newsmen had been standing near the Washington Clinton Street intersection while persons arrested were being put on a bus there. Walsh, John Avery , an Associated Press photographer, and Larry Eckholt, Des Moines Register reporter, all testified that Clark had directed them to "move along" which they understood to mean move away from the sidewalk near the door of the bus. They testified they did so, moving north on the Clinton Street walk and back toward the railing separating the sidewalk and Pentacrest campus. A few moments later, Clark placed Walsh and the other newsmen Rick Larson of Cedar Rapids, under arrest, according to testimony. In concluding, William M. Tucker, appearing with Daniel W. Boyle for Walsh, noted that the charge was filed under the traffic control section of the city code but that the reporter was not impeding traffic, according to testimony. Further, said Tucker, Walsh and the other newsmen testified they had complied with Clark's order to "move along." Tucker also noted that Walsh as a reporter covering the disturbances of that night, was in a "distinctive position" in contrast with demonstrators. Tucker also expressed his dismay at the change in the charger against Walsh just before the hearing began Monday afternoon. Dennis Clark appeared as attorney for the city. Also fined Monday were Steven Reynolds, convicted of disorderly conduct in connection with another disturbance May 10, and Stanley Gassmann, convicted of disobeying a police officer in connection with the same disruption. The disobeying a police officer charge was filed against Gassmann in place of a disorderly conduct charge filed against him May 10 was dismissed and a charge of failure to obey a police officer was filed in its place. The judge dismissed a disorderly conduct charge filed May 6 against Frank Conway. Also dismissed Monday were disorderly conduct charges filed May 10 against Mike Collins, James Dutkiewicz, William Steig, David Stoneer, Gerald Lehman and Alfred Kimble. This morning, disorderly conduct charges filed May 10 against Rogene and David Omara were dropped before another day of trials got underway.