DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, 1970 | 1970-12-22 Iowa City Press-Citizen Article: ""Mass Trial Delay Plea Overruled""

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University of Iowa anti-war protests, 1970

1970-12-22 Iowa City Press-Citizen Article: ""Mass Trial Delay Plea Overruled""

December 22, 1978
P-C
Mass Trial Delay Plea Overruled

A defense motion to reschedule a mass trial of 212 persons charged with disorderly conduct in demonstrations here last May was overruled Monday by Police Judge Joseph Thornton.
The motion, filed by defeinse lawyers Joseph Johnston and J. Newman Toomey, asks that the trial—set a week ago for Jan. 4—be delayed until early February to enable the defense to prepare its case.
Johnston and Toomey claimed in their motion that:
—City Atty. Jay Honohan has not provided the defense with information on evidence the prosecution has against the 212 defendants. Such a "fact sheet" was promised the defense at a meeting of defense lawyers with Thornton and Honohan last month.
—Defendants have not been formally notified of the trial date. The University of Iowa dismissed Friday, they noted, and many defendants who are also students have gone home for the holidays.
—The Jan. 4 trial date would impose a hardship on student defendants, many of whom will not return to Iowa City until Jan. 3.
—Defense attorneys have not yet had time to contact all 212 defendants for conferences and would like more time to do so.
—Because the defense was uncertain until last Tuesday whether the cases would be dismissed, "it has been impractical for defense attorneys to seriously prepare a defrense until now.
—Johnston has business in California Jan. 4 and is unable to alter the date for that commitment.
It is "impossible to provide a fair and impartial trial under such short notice," Johnston and Toomey said in their motion.
Thornton declined to give a reason for overruling the motion.
Defendants in the Jan. 4 trial were arrested early the morning of May 8 as they sat on the east steps of Old Capitol to protest the American invasion of Cambodia and the killing of four students at Kent State University. All are free on $100 bond.

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December 22, 1978 P-C Mass Trial Delay Plea Overruled A defense motion to reschedule a mass trial of 212 persons charged with disorderly conduct in demonstrations here last May was overruled Monday by Police Judge Joseph Thornton. The motion, filed by defeinse lawyers Joseph Johnston and J. Newman Toomey, asks that the trial—set a week ago for Jan. 4—be delayed until early February to enable the defense to prepare its case. Johnston and Toomey claimed in their motion that: —City Atty. Jay Honohan has not provided the defense with information on evidence the prosecution has against the 212 defendants. Such a "fact sheet" was promised the defense at a meeting of defense lawyers with Thornton and Honohan last month. —Defendants have not been formally notified of the trial date. The University of Iowa dismissed Friday, they noted, and many defendants who are also students have gone home for the holidays. —The Jan. 4 trial date would impose a hardship on student defendants, many of whom will not return to Iowa City until Jan. 3. —Defense attorneys have not yet had time to contact all 212 defendants for conferences and would like more time to do so. —Because the defense was uncertain until last Tuesday whether the cases would be dismissed, "it has been impractical for defense attorneys to seriously prepare a defrense until now. —Johnston has business in California Jan. 4 and is unable to alter the date for that commitment. It is "impossible to provide a fair and impartial trial under such short notice," Johnston and Toomey said in their motion. Thornton declined to give a reason for overruling the motion. Defendants in the Jan. 4 trial were arrested early the morning of May 8 as they sat on the east steps of Old Capitol to protest the American invasion of Cambodia and the killing of four students at Kent State University. All are free on $100 bond.