DIY History | Transcribe | Campus Culture | Student protests, May-December 1971 | 1971-08-12 Iowa City Press-Citizen Article: ""Action Asked By City Attorney""

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Student protests, May-December 1971

1971-08-12 Iowa City Press-Citizen Article: ""Action Asked By City Attorney""

8/12/71  P.C

Action Asked By City Attorney
By MYRON A. KAUTSCH
Of the Press-Citizen

   Approximately 200 criminal charges filed in City Police Court as a result of student disorders May 7 and 8, 1970, soon will be dismissed, Judge Joseph Thornton said today.
   The dismissals will be ordered as a result of a recommendation by City Atty. Jay H. Honohan, Thornton said. 
   Honohan's recommendation, filed in court today, was based on action Jan. 8, by Thornton.
   At that time, the judge directed not guilty verdicts for 19 of 210 protestors who were awaiting trial on disorderly conduct charges. His ruling was made as a result of a motion filed by four lawyers representing the defendants.
   In his ruling, Thornton said that factual evidence, agreed upon as true by both the city and the defense, did not show violation of the city's disorderly conduct ordinance.
   "The evidence disclosed that at the time of the arrest," Thornton said, these defendants were seated on the steps of the Old Capitol building, with locked arms, chanting. Someone was saying a prayer. They were arrested without resistance.
   This court is unable to equate such activity as being 'offensive' (as is required by the city ordinance)."
   Thornton directed that informations against the 19 be dismissed and that their bond, $100 each, be returned.
   In his recommendation this week, Honohan said the facts agreed upon in those cases generally represented "the same fact situation for the remaining defendants."
   Thus, Honohan apparently anticipated the same unfavorable ruling from Thornton if the remaining cases were prosecuted to their conclusion.
   Honohan, out of town this week and unavailable for comment today, pointed out that "more than a year has elapsed since the events leading to the charges" occurred.
   At that time, students at the University of Iowa were protesting the invasion of Cambodia and the killing of four Kent State students.
   Honohan recommended that bonds posted by the remaining defendants be returned to them.

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8/12/71 P.C Action Asked By City Attorney By MYRON A. KAUTSCH Of the Press-Citizen Approximately 200 criminal charges filed in City Police Court as a result of student disorders May 7 and 8, 1970, soon will be dismissed, Judge Joseph Thornton said today. The dismissals will be ordered as a result of a recommendation by City Atty. Jay H. Honohan, Thornton said. Honohan's recommendation, filed in court today, was based on action Jan. 8, by Thornton. At that time, the judge directed not guilty verdicts for 19 of 210 protestors who were awaiting trial on disorderly conduct charges. His ruling was made as a result of a motion filed by four lawyers representing the defendants. In his ruling, Thornton said that factual evidence, agreed upon as true by both the city and the defense, did not show violation of the city's disorderly conduct ordinance. "The evidence disclosed that at the time of the arrest," Thornton said, these defendants were seated on the steps of the Old Capitol building, with locked arms, chanting. Someone was saying a prayer. They were arrested without resistance. This court is unable to equate such activity as being 'offensive' (as is required by the city ordinance)." Thornton directed that informations against the 19 be dismissed and that their bond, $100 each, be returned. In his recommendation this week, Honohan said the facts agreed upon in those cases generally represented "the same fact situation for the remaining defendants." Thus, Honohan apparently anticipated the same unfavorable ruling from Thornton if the remaining cases were prosecuted to their conclusion. Honohan, out of town this week and unavailable for comment today, pointed out that "more than a year has elapsed since the events leading to the charges" occurred. At that time, students at the University of Iowa were protesting the invasion of Cambodia and the killing of four Kent State students. Honohan recommended that bonds posted by the remaining defendants be returned to them.