DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, January-April 1971 | 1971-01-09 Des Moines Register Article: ""Clear 19 In U Of I Protest""

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University of Iowa anti-war protests, January-April 1971

1971-01-09 Des Moines Register Article: ""Clear 19 In U Of I Protest""

DMR   1/9/71
DMR 1/9/71
CLEAR 19 IN U OF I PROTEST
By Laarry Eckholt 
(Register Staff Writer)

IOWA CITY, IA. -- Police Court Judge Joseph Thornton Friday dismissed charges of disorderly conduct against 19 persons who were among the 210 arrested May 8 at the University of Iowa during peaceful antiwar demonstrations.
     In his written ruling, Judge Thornton also questioned the legality of prosecuting alleged offenders arrested on state property but who are accused of violating city ordinances.
                                       Sought Writ
   The 210 were arrested after refusing to comply with an order to clear the steps of Old Capitol and the Pentacrest. The protest was staged after the U.S. invasion of Cambodia and the Kent State killings.
   Originally, the "Iowa City 210" were to be prosecuted under the same charges, with the same set of facts as evidence.
   Defense attorneys for nearly half of the 210 went to District Court here to obtain a writ of certiorari, authorizing a review of pre-trial proceedings. Last Monday, Thornton continued cases against the remaining defendants pending the outcome of the district court hearing, scheduled for 3 p.m. Monday.
   In Friday's court action, defense lawyers for the 19 argued that the conduct of the defendants - including Dr. George
CHARGES-
Please turn to Page Three...

 Procedures Questioned by Judge 
CHARGES---
Continued from Page One
Forrell, director of the U of I School of Religion, and the Rev. Roy Wingate, pastor of Gloria Dei Lutheran Church -- did not constitute violation of the city's disorderly conduct ordinance.
   Reviewed Events
   Before sustaining that motion, Thornton outlined the circumstances which led to the mass arrests:
   At about 9:30 p.m. May 7, reports circulated that Old Capitol had been broken into by demonstrators. At 10 p.m., City Manager Frank Smiley ordered a group of intruders who had entered the building to leave.
   All but three persons left, Thornton wrote, and they were arrested. Smiley then surveyed the situation outside Old Capitol.
   Thornton quoted Smiley as saying that those outside the building "were doing at that time nothing that was disorderly . . . and if they maintained the peace and didn't go into the building I didn't see any problem at all and assured them they would not be arrested or otherwise bothered."
   Later, about 2 a.m. May 8, according to Thornton, an order was issued to clear the area.
   (U of I President Willard Boyd, who was in Des Moines, issued the order after receiving information that Old Capitol was damaged by intruders. Boyd later admitted he was "misinformed" about the event.
    10 Minutes
   Iowa highway patrolmen gave the protesters 10 minutes to clear the Pentacrest, Thornton wrote.
   At the end of the time limit, "some of the persons were sitting on the steps of the Old Capitol building with locked arms, chanting," Thornton wrote. "Someone was saying a prayer. Arrests were made at this location without resistance."
   "This court is unable to equate such activity as being 'offensive'," the judge stated. "None of the defendants engaged in any 'violent' conduct."
   Thornton ordered that the charges be dismissed and the $100 bonds be returned. He also questioned the practice by which the defendants were first charged.
   "It (the court) questions the advisability and necessity, if not the legality, of prosecuting, in the name of the city and under its ordinances, alleged public offenses occurring on property owned by the state of Iowa," Thornton wrote.
   "The better procedure, in the court's opinion, would dictate that such prosecution be carried on by the state, in its name and under its code of laws," he continued.
   In addition to Dr. Forrell and the Rev. Wingate, the following persons had their cases dismissed:
   Hale Anderson of Cedar Falls, Kathy Bradley of Cedar Rapids, Michael Dykstra of Iowa City, Thomas Gilloon of Dyersville, Vicki Grafentin and Nancy Pearsall, both of Spencer, Lawrence Rothenberg of Evanston, Ill., Rodney Stone of Iowa City and Mary Watson of Des Moines.
   All are listed in the 1970 U of I Student Directory as being U of I students.
   Addresses for the remaining defendants were not available. They are Richard Borg, Nancy Grache, Thomas Kieffer, Janet Laitner, Gregory Nelson, David Rolph, Lynn Schlitt and James Thompson.

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DMR 1/9/71 DMR 1/9/71 CLEAR 19 IN U OF I PROTEST By Laarry Eckholt (Register Staff Writer) IOWA CITY, IA. -- Police Court Judge Joseph Thornton Friday dismissed charges of disorderly conduct against 19 persons who were among the 210 arrested May 8 at the University of Iowa during peaceful antiwar demonstrations. In his written ruling, Judge Thornton also questioned the legality of prosecuting alleged offenders arrested on state property but who are accused of violating city ordinances. Sought Writ The 210 were arrested after refusing to comply with an order to clear the steps of Old Capitol and the Pentacrest. The protest was staged after the U.S. invasion of Cambodia and the Kent State killings. Originally, the "Iowa City 210" were to be prosecuted under the same charges, with the same set of facts as evidence. Defense attorneys for nearly half of the 210 went to District Court here to obtain a writ of certiorari, authorizing a review of pre-trial proceedings. Last Monday, Thornton continued cases against the remaining defendants pending the outcome of the district court hearing, scheduled for 3 p.m. Monday. In Friday's court action, defense lawyers for the 19 argued that the conduct of the defendants - including Dr. George CHARGES- Please turn to Page Three... Procedures Questioned by Judge CHARGES--- Continued from Page One Forrell, director of the U of I School of Religion, and the Rev. Roy Wingate, pastor of Gloria Dei Lutheran Church -- did not constitute violation of the city's disorderly conduct ordinance. Reviewed Events Before sustaining that motion, Thornton outlined the circumstances which led to the mass arrests: At about 9:30 p.m. May 7, reports circulated that Old Capitol had been broken into by demonstrators. At 10 p.m., City Manager Frank Smiley ordered a group of intruders who had entered the building to leave. All but three persons left, Thornton wrote, and they were arrested. Smiley then surveyed the situation outside Old Capitol. Thornton quoted Smiley as saying that those outside the building "were doing at that time nothing that was disorderly . . . and if they maintained the peace and didn't go into the building I didn't see any problem at all and assured them they would not be arrested or otherwise bothered." Later, about 2 a.m. May 8, according to Thornton, an order was issued to clear the area. (U of I President Willard Boyd, who was in Des Moines, issued the order after receiving information that Old Capitol was damaged by intruders. Boyd later admitted he was "misinformed" about the event. 10 Minutes Iowa highway patrolmen gave the protesters 10 minutes to clear the Pentacrest, Thornton wrote. At the end of the time limit, "some of the persons were sitting on the steps of the Old Capitol building with locked arms, chanting," Thornton wrote. "Someone was saying a prayer. Arrests were made at this location without resistance." "This court is unable to equate such activity as being 'offensive'," the judge stated. "None of the defendants engaged in any 'violent' conduct." Thornton ordered that the charges be dismissed and the $100 bonds be returned. He also questioned the practice by which the defendants were first charged. "It (the court) questions the advisability and necessity, if not the legality, of prosecuting, in the name of the city and under its ordinances, alleged public offenses occurring on property owned by the state of Iowa," Thornton wrote. "The better procedure, in the court's opinion, would dictate that such prosecution be carried on by the state, in its name and under its code of laws," he continued. In addition to Dr. Forrell and the Rev. Wingate, the following persons had their cases dismissed: Hale Anderson of Cedar Falls, Kathy Bradley of Cedar Rapids, Michael Dykstra of Iowa City, Thomas Gilloon of Dyersville, Vicki Grafentin and Nancy Pearsall, both of Spencer, Lawrence Rothenberg of Evanston, Ill., Rodney Stone of Iowa City and Mary Watson of Des Moines. All are listed in the 1970 U of I Student Directory as being U of I students. Addresses for the remaining defendants were not available. They are Richard Borg, Nancy Grache, Thomas Kieffer, Janet Laitner, Gregory Nelson, David Rolph, Lynn Schlitt and James Thompson.