DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, January-April 1971 | 1971-01-12 Iowa City Press-Citizen Article: ""District Court Turns Down Moves in Mass Trial Case"" Page 2

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

1971-01-12 Iowa City Press-Citizen Article: ""District Court Turns Down Moves in Mass Trial Case"" Page 2

P.C. 1/12/71
Trial
From Page 1A
justice of the peace. This is not the function of the writ."
In oral arguments heard Monday, defense lawyer Philip Mause, a University of Iowa law professor, told Chapman many of the defendants could not afford the time or money needed to appeal their cases after a Police Court verdict.
Chapman said he could not issue a writ based on "economic considerations" alone.
Mause also argued Monday that Thornton's denial Dec. 22 of a plea for continuance of the original Jan. 4 trial date "placed a severe hardship on the defendants." Mause also cited a section of Iowa law granting defendants the right to separate trials in felony cases. However, City Atty. Jay Honohan pointed out that the defendants are charged with misdemeanors.
Honohan also cited state statutes which he said authorized consolidated trials.
Toomey said this morning that there had been no decision yet on what the next defense move might be. He said he would confer with his clients and reach a decision by "the first of next week."
Named on the application for the writ were 140 defendants, all represented by Johnston and Toomey. The remaining 51 defendants accepted Thornton's offer for continuances Jan. 4, the date originally set for the mass trial. Thornton Friday sustained a motion for directed not guilty verdicts for another 19 defendants.
Also awaiting trial are an additional 15 defendants who will  be tried separately using evidence different from that which the city has against the others.
Most of the accused—totaling 225—were arrested early the morning of May 8 as they sat on the steps of Old Capitol to protest the invasion of Cambodia and the killing of four Kent State University students.

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P.C. 1/12/71 Trial From Page 1A justice of the peace. This is not the function of the writ." In oral arguments heard Monday, defense lawyer Philip Mause, a University of Iowa law professor, told Chapman many of the defendants could not afford the time or money needed to appeal their cases after a Police Court verdict. Chapman said he could not issue a writ based on "economic considerations" alone. Mause also argued Monday that Thornton's denial Dec. 22 of a plea for continuance of the original Jan. 4 trial date "placed a severe hardship on the defendants." Mause also cited a section of Iowa law granting defendants the right to separate trials in felony cases. However, City Atty. Jay Honohan pointed out that the defendants are charged with misdemeanors. Honohan also cited state statutes which he said authorized consolidated trials. Toomey said this morning that there had been no decision yet on what the next defense move might be. He said he would confer with his clients and reach a decision by "the first of next week." Named on the application for the writ were 140 defendants, all represented by Johnston and Toomey. The remaining 51 defendants accepted Thornton's offer for continuances Jan. 4, the date originally set for the mass trial. Thornton Friday sustained a motion for directed not guilty verdicts for another 19 defendants. Also awaiting trial are an additional 15 defendants who will be tried separately using evidence different from that which the city has against the others. Most of the accused—totaling 225—were arrested early the morning of May 8 as they sat on the steps of Old Capitol to protest the invasion of Cambodia and the killing of four Kent State University students.