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University of Iowa anti-war protests, 1968
31858064848124_011
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[handwritten] 3/14/68 Kleinberger Seeks Dismissal An attorney for Paul Kleinberger, G, Silver Spring, Md., has filed a motion in Johnson County District Court requesting that charges of conspiracy against his client be dropped due to insufficient evidence. In his written motion, legally a demurrer, the attorney, William Tucker, lecturer in law, said the evidence provided by the prosecution against Kleinberger, who was charged in connection with a Dec. 5 antiwar demonstration on campus, did not show that Kleinberger had conspired to or actually obstructed police. Tucker, who filed the demurrer Tuesday, said the evidence also failed to name a time and place the conspiracy was to have taken place. He said the prosecution's evidence, which had been submitted by County Atty. Robert Jansen's office, had not provided sufficient information about the exact nature of the charges against Kleinberger, and thus was in violation of the 14th Amendment to the U.S. Constitution. Tucker also said that the prosecution had failed to furnish the defense with all the information it had used against Kleinberger and thus was failing to provide "uniform operation or equal treatment of the law to all persons" as required by the Iowa Constitution. Johnson County District Court Judge William R. Eads said Wednesday that he expected attorneys for other persons charged with conspiracy or resisting an officer to submit demurrers in the near future." Others indicted on charges of conspiracy were Bruce Clark, A1, Des Moines; Ross Peterson, A2, Des Moines; Dennis Ankrum, Iowa City; Jean Gammon, Iowa City; Steve Morris, A1, Iowa City; and Albert Marion, G, North Liberty. Fred McTaggart, G, Iowa City, and Lory Rice, G, Iowa City, were indicted on charges of resisting an officer. [handwritten] 3/16/68 CSC Report Shuts Case On Probations' Lifting A report of the Committee on Student Conduct (CSC) has made final its March 8 decision to remove three students involved in the Nov. 1 demonstration from disciplinary probation. The CSC report, made public Friday, stated that it would be "unwise" for the University to discipline two of the students, Steve Morris, A1, Iowa City, and Mary Gammon, A3, New Brunswick, N.J., until their civil trials had been held. Both Morris and Miss Gammon, who were not registered as students at the time of the demonstrations, were arrested in front of the Union Nov. 1 and charged with disturbing the peace. Dates for their trials have not been set. Eli J. Rosengard, A3, San Diego, was the third student removed from probation. The committee said it felt that he should not "be placed on University probation for a criminal act committed as a non-student." Rosengard, who was found guilty of disturbing the peace for blocking the East entrance of the Union, was notified of his probation when he registered for the first time as a University student in February. The Office of Student Affairs, which put the students on probation, claimed at a CSC hearing on March 8 that a policy statement made by the Board of Regents Feb. 9 prohibited "crimes against the good order of the University and interfering with the rights of others." The regents' statement, adopted after a similar proposal by Pres. Howard R. Bowen on Dec. 12, said in part: "Admission or re-entry to the University as a student may be qualified or denied to any person who; while not registered as a student acts in such a way that if a registered student would have been subject to the disciplinary proceedings contemplated by section 1 of these regulations. George Bedell, associate professor of internal medicine and chairman of the CSC, said Friday that since Rosengard "wasn't under the jurisdiction of the University when he took part in the demonstration" the committee felt that the University could take no action. Bedell said that the CSC decision would not be a precedent for future cases. "Future cases will be decided on their own merits," he said. Bedell said that he felt that the University had the right to place a student on probation if the student had a history of serious academic problems or social misbehavior. He said that the committee viewed disciplinary probation as a punishment and that it should not be "something applied on admission" if there was only one instance of social misbehavior.
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[handwritten] 3/14/68 Kleinberger Seeks Dismissal An attorney for Paul Kleinberger, G, Silver Spring, Md., has filed a motion in Johnson County District Court requesting that charges of conspiracy against his client be dropped due to insufficient evidence. In his written motion, legally a demurrer, the attorney, William Tucker, lecturer in law, said the evidence provided by the prosecution against Kleinberger, who was charged in connection with a Dec. 5 antiwar demonstration on campus, did not show that Kleinberger had conspired to or actually obstructed police. Tucker, who filed the demurrer Tuesday, said the evidence also failed to name a time and place the conspiracy was to have taken place. He said the prosecution's evidence, which had been submitted by County Atty. Robert Jansen's office, had not provided sufficient information about the exact nature of the charges against Kleinberger, and thus was in violation of the 14th Amendment to the U.S. Constitution. Tucker also said that the prosecution had failed to furnish the defense with all the information it had used against Kleinberger and thus was failing to provide "uniform operation or equal treatment of the law to all persons" as required by the Iowa Constitution. Johnson County District Court Judge William R. Eads said Wednesday that he expected attorneys for other persons charged with conspiracy or resisting an officer to submit demurrers in the near future." Others indicted on charges of conspiracy were Bruce Clark, A1, Des Moines; Ross Peterson, A2, Des Moines; Dennis Ankrum, Iowa City; Jean Gammon, Iowa City; Steve Morris, A1, Iowa City; and Albert Marion, G, North Liberty. Fred McTaggart, G, Iowa City, and Lory Rice, G, Iowa City, were indicted on charges of resisting an officer. [handwritten] 3/16/68 CSC Report Shuts Case On Probations' Lifting A report of the Committee on Student Conduct (CSC) has made final its March 8 decision to remove three students involved in the Nov. 1 demonstration from disciplinary probation. The CSC report, made public Friday, stated that it would be "unwise" for the University to discipline two of the students, Steve Morris, A1, Iowa City, and Mary Gammon, A3, New Brunswick, N.J., until their civil trials had been held. Both Morris and Miss Gammon, who were not registered as students at the time of the demonstrations, were arrested in front of the Union Nov. 1 and charged with disturbing the peace. Dates for their trials have not been set. Eli J. Rosengard, A3, San Diego, was the third student removed from probation. The committee said it felt that he should not "be placed on University probation for a criminal act committed as a non-student." Rosengard, who was found guilty of disturbing the peace for blocking the East entrance of the Union, was notified of his probation when he registered for the first time as a University student in February. The Office of Student Affairs, which put the students on probation, claimed at a CSC hearing on March 8 that a policy statement made by the Board of Regents Feb. 9 prohibited "crimes against the good order of the University and interfering with the rights of others." The regents' statement, adopted after a similar proposal by Pres. Howard R. Bowen on Dec. 12, said in part: "Admission or re-entry to the University as a student may be qualified or denied to any person who; while not registered as a student acts in such a way that if a registered student would have been subject to the disciplinary proceedings contemplated by section 1 of these regulations. George Bedell, associate professor of internal medicine and chairman of the CSC, said Friday that since Rosengard "wasn't under the jurisdiction of the University when he took part in the demonstration" the committee felt that the University could take no action. Bedell said that the CSC decision would not be a precedent for future cases. "Future cases will be decided on their own merits," he said. Bedell said that he felt that the University had the right to place a student on probation if the student had a history of serious academic problems or social misbehavior. He said that the committee viewed disciplinary probation as a punishment and that it should not be "something applied on admission" if there was only one instance of social misbehavior.
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