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

1971-03-27 Daily Iowan Article: ""Two Convicted of Assault In March 4 Demonstration""

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Saturday, March 27, 1971 DI 10 cents a copy Two Convicted of Assault In March 4 Demonstration. By JUDY SCHULTZ Daily Iowan Reporter Two persons were convicted of assault and battery and a third person was convicted of obstructing an officer Friday afternoon in Iowa City Police Court on charges stemming from a march 4 demonstration against the Reserve Officers' Training Corps (ROTC) at the University of Iowa. Found guilty by Police Court Judge Joseph Thornton of assault and battery and fined $100 each plus court costs were Gary Nelson, A3 and Konnie Kindle, N3. Elaine Johnson was fined $100 and court costs for obstructing an officer. Nelson and Johnson said they would not appeal their convictions, but Kindle was uncertain. Lt. Kenneth Saylor, chief campus security detective, testified that a platoon of ROTC cadets marching towards the Recreation Building was obstructed by a group of students demonstrating against ROTC. The group held hands in a line and tried to block the path of the formation of cadets, he said, Saylor said Kindle was in this group and the formation marched forward surrounding her. He said he saw her "slamming into the cadets like a football player." He entered the formation of cadets and brought her out without resistance, and handcuffed her. Saylor then testified that after the arrest Johnson and a group of people surrounded him and attempted to obstruct him from taking Kindle to the police car. "Johnson was continually bumping into me and impeding my progress. Johnson told me if I took Kindle out of there I'd be sorry," Saylor testified. Johnson told the court she was merely concerned about Kindle's safety. "She was really pretty upset and I put my arms around her. While this was going on, Saylor was trying to take her away." ASSAULT AND BATTERY Nelson was convicted of assault and battery against campus security officer Don Wilson. Wilson testified he saw Nelson and another student running after an officer who had taken into custody a third student. "They came flying out of the crowd. I grabbed them and told them to take it easy or they'd get into serious trouble. Nelson couldn't control his temper and started swinging," Wilson told the court. Steve Miller, A4, an ROTC cadet, said he was Wilson grab only Nelson. He also testified that Wilson grabbed Nelson from behind not from the front, as Wilson testified. Nelson stated that he acted only in self-defense. "I disagree that I struck Wilson several times. Upon being grasped on the shoulder from behind. I attempted to pull myself away by using my arms as a pushing device against his chest. I felt I was being attacked. It was a gesture of self-defense" Nelson said. 'SLAMMING AND PUMMELING' Syalor, testifying in the trial of Kindle said he saw her "slamming into and pummeling" the line of ROTC cadets while she was in the center of the formation. Martin Kloubec, A3, an ROTC cadet, testified that Kindle was on of five people moving through t he formation by whom he was assaulted. Joseph Johnson, Kindle's lawyer argued that her actions "could have been consistent with trying to get the hell out of the mess." He noted that Kindle. who weighs 107 pounds, did not have the means to carry out violence even if she were attempting to commit it. Lonn Kaduce, A3, told the court a cadet " used the butt off his rifle and swung it at Kindle's side." He said Kindle appeared "very much frightened after bouncing off several cadets." Kindle said. "All I could see was uniforms and rifle butts, which frightened me, and I guess I panicked and tried to get out." Johnston commented, " She may well be guilty of something, maybe disorderly conduct, but she's not guilty of assault and battery. I don't think you can find anyone guilty beyond the shadow of a doubt on the basis of this evidence." They were all convicted on the barest minimum of evidence."
 
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