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University of Iowa anti-war protests, 1970

1970-12-24 Iowa City Press-Citizen Article: ""Conspiracy Indictments Dismissed""

12/24/70
P-C 12/24/70

Conspiracy Indictments Dismissed
By LINDA A. SVOBODA
   Of the Press-Citizen
Conspiracy indictments brought with a great deal of sound and fury here against seven persons after an antiwar demonstration three years ago were dismissed quietly from Johnson County District Court Wednesday.
   Judge Harold D. Vietor, in his ruling, agreed that the First Amendment rights of freedom speech and assembly were so closely intertwined with the case that prosecution could not be successful.
   The demonstration occurred at the University of Iowa Memorial Union Dec. 5, 1967, as students protested the presence on campus of personnel recruiters for Dow Chemical Co., and Dow's manufacture of napalm.
   Albert G. Marian of Iowa City, one of the indicted persons, today said about the dismissal, "I think it was a long time coming, but it was obviously going to happen."
   The charges, he contended, "were repressive in nature, designed to stop us from protesting the war. And they didn't accomplish their purpose. In fact, I think they helped make the (peace) movement even stronger in Iowa."
   "I see the whole May 8 (1970) demonstration as coming out of the same repressive activity and the trials (of the May antiwar demonstrators) coming up are the same thing," charged Marian.
   In connection with the May protest, a total of 225 persons are to be tried in Iowa City Police Curt for disorderly conduct.
   Marian apparently is the only one of the seven indicted persons remaining in Iowa City. He teaches part time at Kirkwood Community College, is a minister and will return to UI in January as a graduate student in drama.
   Other defendants were Paul Jay Kleinberger, Dennis Russell Ankrum, Stephen G. Morris, Bruce Clark, Ross Peterson and Jean Gammon.
   Also, indictments for resisting an officer returned by the same Grand Jury against Roy Harvey, Frederick McTaggart and Lory Rice. The charge against McTaggart was dismissed some time ago and the other two likely will be dropped, too, according to County Atty. Robert W. Jansen.
   Harvey is believed to be in Canada and last reports on Rice, an Englishman, indicated he was in Cuba.
   Those indicted for conspiracy were charged with “willfully conspiring” “to interfere with and obstruct police authorities”
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“in their efforts to prevent breaches of the peace, disorderly conduct and unlawful assembly at or inside the Memorial Union.”
   Jansen Wednesday filed the motion for dismissal with which Vietor agreed.
   The county attorney said, “since the indictment was handed down in this case in 1968 there have been federal and state court decisions which have cast grave doubt on the law of conspiracy when it applies to conduct of the type subject to this indictment.”
   “The specific acts or conduct upon which the evidence is based in this indictment are closely intertwined with issues of freedom of speech, association, assembly and the whole panoply of First Amendment rights,” he said.
   Due to the numerous constitutional issues and particularly to court developments in the case of Dr. Benjamin Spock who was charged with draft evasion counseling, said Jansen, the indictments would not stand in state courts or on appeal to federal courts.
   After long dormancy in District Court, the issue finally came to a head because Marian’s attorney, William Meardon of Iowa City, called for and received a hearing date on his motion to set aside the indictment against Marian. The hearing would have been held Wednesday, but instead there was a quiet discussion in the judges’ chambers by Jansen, Vietor, Meardon and William Tucker, also a defense counsel in the case. Following it, Vietor signed the dismissal order. None of the defendants was present.

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12/24/70 P-C 12/24/70 Conspiracy Indictments Dismissed By LINDA A. SVOBODA Of the Press-Citizen Conspiracy indictments brought with a great deal of sound and fury here against seven persons after an antiwar demonstration three years ago were dismissed quietly from Johnson County District Court Wednesday. Judge Harold D. Vietor, in his ruling, agreed that the First Amendment rights of freedom speech and assembly were so closely intertwined with the case that prosecution could not be successful. The demonstration occurred at the University of Iowa Memorial Union Dec. 5, 1967, as students protested the presence on campus of personnel recruiters for Dow Chemical Co., and Dow's manufacture of napalm. Albert G. Marian of Iowa City, one of the indicted persons, today said about the dismissal, "I think it was a long time coming, but it was obviously going to happen." The charges, he contended, "were repressive in nature, designed to stop us from protesting the war. And they didn't accomplish their purpose. In fact, I think they helped make the (peace) movement even stronger in Iowa." "I see the whole May 8 (1970) demonstration as coming out of the same repressive activity and the trials (of the May antiwar demonstrators) coming up are the same thing," charged Marian. In connection with the May protest, a total of 225 persons are to be tried in Iowa City Police Curt for disorderly conduct. Marian apparently is the only one of the seven indicted persons remaining in Iowa City. He teaches part time at Kirkwood Community College, is a minister and will return to UI in January as a graduate student in drama. Other defendants were Paul Jay Kleinberger, Dennis Russell Ankrum, Stephen G. Morris, Bruce Clark, Ross Peterson and Jean Gammon. Also, indictments for resisting an officer returned by the same Grand Jury against Roy Harvey, Frederick McTaggart and Lory Rice. The charge against McTaggart was dismissed some time ago and the other two likely will be dropped, too, according to County Atty. Robert W. Jansen. Harvey is believed to be in Canada and last reports on Rice, an Englishman, indicated he was in Cuba. Those indicted for conspiracy were charged with “willfully conspiring” “to interfere with and obstruct police authorities” COURT Turn to Page 2A Court From Page 1A “in their efforts to prevent breaches of the peace, disorderly conduct and unlawful assembly at or inside the Memorial Union.” Jansen Wednesday filed the motion for dismissal with which Vietor agreed. The county attorney said, “since the indictment was handed down in this case in 1968 there have been federal and state court decisions which have cast grave doubt on the law of conspiracy when it applies to conduct of the type subject to this indictment.” “The specific acts or conduct upon which the evidence is based in this indictment are closely intertwined with issues of freedom of speech, association, assembly and the whole panoply of First Amendment rights,” he said. Due to the numerous constitutional issues and particularly to court developments in the case of Dr. Benjamin Spock who was charged with draft evasion counseling, said Jansen, the indictments would not stand in state courts or on appeal to federal courts. After long dormancy in District Court, the issue finally came to a head because Marian’s attorney, William Meardon of Iowa City, called for and received a hearing date on his motion to set aside the indictment against Marian. The hearing would have been held Wednesday, but instead there was a quiet discussion in the judges’ chambers by Jansen, Vietor, Meardon and William Tucker, also a defense counsel in the case. Following it, Vietor signed the dismissal order. None of the defendants was present.