DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, January-April 1971 | 1971-01-09 Daily Iowan Article: ""Thornton: 19 of 210 Innocent""

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

1971-01-09 Daily Iowan Article: ""Thornton: 19 of 210 Innocent""

DI  1/9/71
Thornton: 
19 of 210 
Innocent
   Nineteen of the 210 persons arrested and charged with "disorderly conduct" here last May received not guilty verdicts Friday.
   The defendants, through their attorneys James Hayes, David Poula, Ronald Carlson and William Tucker, had requested a directed verdict in a motion asking that the verdict be decided on the basis of facts set forth in a stipulation. A stipulation is an agreement by both the defendants and the plaintiff that certain facts are true.
   Iowa City Police Court Judge Joseph Thornton found the charge of "conducting self in an offensive manner . . ." to be groundless.
   "The evidence disclosed that at the time of the arrest 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,'" he wrote.
   Thornton did not rule on a second defense motion to have the city's disorderly conduct ordinance declared unconstitutional for what defense attorneys contend is vague wording.
   Thornton did say that he "questions the advisability and necessity, if not the legality, of prosecuting, in the name of the city and under its ordinances, alleged pubic offense occurring on property owned by the State of Iowa. The better procedure, in the court's opinion, would dictate that such prosecutions be carried on by the State, in its name, and under its Code of Laws."
   The 19 acquitted persons are Hale Anderson, Richard Borg, Kathy Bradley, Michael Dykstra, George Forell, Thomas Gilloon, Nancy Grache, Vicki Grafentin, Thomas Kieffer, Janet Laitner, Gregory Nelson, Nancy Pearsall, David Rolph, Lawrence Rothenberg, Lynn Schlitt, Rodney Stone, James Thompson, Mary Watson and Roy Wingate.
   The remaining 191 defendants are awaiting scheduling of their trials after having been granted continuances from a mass trial scheduled Jan. 4. Thornton said today that he will wait for the outcome of a district court hearing Monday before scheduling the trials.
   A hearing to decide whether a writ of certiorari should be issued will be held at 3 p.m. Monday. The writ would authorize  review of pretrial proceedings, including a review of Thornton's denial of four motions by Attorneys J. Newman Toomey and Joseph Johnston, who represent about half of the remaining defendants.
   If the writ is issued,District Court Judge Ansel Chapman will determine the legality of a mass trial and the constitutionality of the city's disorderly conduct ordinance.
   Chapman earlier overruled the police court and granted a continuance of the trial to Johnston and Toomey's clients. Thornton later extended the continuance to all defendants requesting it.
   Fifteen people have been served from the group and are to be tried individually at as yet unscheduled times.
All 225 persons were arrested last May during a series of mass demonstrations against the war in Vietnam, the U. S. military invasion of Cambodia and the Ohio National Guard's killing of four Kent State University students.

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DI 1/9/71 Thornton: 19 of 210 Innocent Nineteen of the 210 persons arrested and charged with "disorderly conduct" here last May received not guilty verdicts Friday. The defendants, through their attorneys James Hayes, David Poula, Ronald Carlson and William Tucker, had requested a directed verdict in a motion asking that the verdict be decided on the basis of facts set forth in a stipulation. A stipulation is an agreement by both the defendants and the plaintiff that certain facts are true. Iowa City Police Court Judge Joseph Thornton found the charge of "conducting self in an offensive manner . . ." to be groundless. "The evidence disclosed that at the time of the arrest 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,'" he wrote. Thornton did not rule on a second defense motion to have the city's disorderly conduct ordinance declared unconstitutional for what defense attorneys contend is vague wording. Thornton did say that he "questions the advisability and necessity, if not the legality, of prosecuting, in the name of the city and under its ordinances, alleged pubic offense occurring on property owned by the State of Iowa. The better procedure, in the court's opinion, would dictate that such prosecutions be carried on by the State, in its name, and under its Code of Laws." The 19 acquitted persons are Hale Anderson, Richard Borg, Kathy Bradley, Michael Dykstra, George Forell, Thomas Gilloon, Nancy Grache, Vicki Grafentin, Thomas Kieffer, Janet Laitner, Gregory Nelson, Nancy Pearsall, David Rolph, Lawrence Rothenberg, Lynn Schlitt, Rodney Stone, James Thompson, Mary Watson and Roy Wingate. The remaining 191 defendants are awaiting scheduling of their trials after having been granted continuances from a mass trial scheduled Jan. 4. Thornton said today that he will wait for the outcome of a district court hearing Monday before scheduling the trials. A hearing to decide whether a writ of certiorari should be issued will be held at 3 p.m. Monday. The writ would authorize review of pretrial proceedings, including a review of Thornton's denial of four motions by Attorneys J. Newman Toomey and Joseph Johnston, who represent about half of the remaining defendants. If the writ is issued,District Court Judge Ansel Chapman will determine the legality of a mass trial and the constitutionality of the city's disorderly conduct ordinance. Chapman earlier overruled the police court and granted a continuance of the trial to Johnston and Toomey's clients. Thornton later extended the continuance to all defendants requesting it. Fifteen people have been served from the group and are to be tried individually at as yet unscheduled times. All 225 persons were arrested last May during a series of mass demonstrations against the war in Vietnam, the U. S. military invasion of Cambodia and the Ohio National Guard's killing of four Kent State University students.