DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, 1970 | 1970-12-31 Iowa City Press-Citizen Article: ""Plea Rejected, Mass Trial Will Be Held as Scheduled"" Page 2

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University of Iowa anti-war protests, 1970

1970-12-31 Iowa City Press-Citizen Article: ""Plea Rejected, Mass Trial Will Be Held as Scheduled"" Page 2

2 (of 2)
"Separate trials asked for 210 'Protestors'"


Press-Citizen—Wednesday, December 30, 1970

TRIAL
From Page 1A
for" in one motion challenging the informations.
The city motion, filed a half-hour after the defense motions were filed Tuesday, seeks to amend the original informations, which accused each defendant of "conducting self in a disorderly manner by continuing to congregate with a large group of persons at a time when congregations of large groups of persons could and had provoked breaches of the peace and said defendant refused to leave the area of the Pentacrest . . . all at approximately 2 a.m."
Johnston said the city's amendment was "partially the information we asked for," but added he would "maintain our objection" because the defense "still can't tell what breach of the peace each (defendant ) provoked."
Asserting that "now we have this information for the first time in this case," Johnston renewed a plea for continuance of the trial to permit the defense to prepare its case. That, too, was termed a delay tactic by Honohan.
Thornton Dec. 21 overruled a defense motion asking that the trial be delayed.
Arguing against the defense motions, Honohan told Thornton the trials should not be separated because "the defense hasn't shown the facts aren't similar" in each of the 210 cases.
Honohan also argued that informations filed against the defendants are valid even though not all are signed by eyewitnesses. The city attorney said he "finds no authority" in teh State Code for Johnston's claim that signatures on informations must be those of eyewitnesses.
The defense lawyers also objected to the disorderly conduct charges themselves, asserting that the section of the City Code the defendants are accused of violating "is unconstitutional for vagueness and overbreadth."
Thornton said he would study cases cited by Johnston and Honohan before ruling on the defense motions.
Meanwhile, preparations are continuing for the mass trial, set for 9 a.m. Monday in the courtroom (Council Chamber) at the Civic Center.
The chamber accommodates about 130, and obviously would not seat all the defendants. A demonstration is reportedly being planned to coincide with the trial.
Thornton said today that two defendants, Bruce Clark and Jon Younger, had been removed from the list of those to be tried Monday and would be tried individually at a later date.
The judge said the names were removed at the city's request, apparently, he said, because the city has evidence against Clark and Younger different from that against the other 210.
Besides Clark and Younger, another 13 defendants still have cases pending in connection with the May 8 arrests. Those 15 were arrested with the 210, but are to be tried individualy on dates yet to be set.
All 225 defendants were arreted early the morning of May 8 as they sat on the steps of Old Capitol to protest the American invasion of Cambodia and the killing of four students at Kent State University.

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2 (of 2) "Separate trials asked for 210 'Protestors'" Press-Citizen—Wednesday, December 30, 1970 TRIAL From Page 1A for" in one motion challenging the informations. The city motion, filed a half-hour after the defense motions were filed Tuesday, seeks to amend the original informations, which accused each defendant of "conducting self in a disorderly manner by continuing to congregate with a large group of persons at a time when congregations of large groups of persons could and had provoked breaches of the peace and said defendant refused to leave the area of the Pentacrest . . . all at approximately 2 a.m." Johnston said the city's amendment was "partially the information we asked for," but added he would "maintain our objection" because the defense "still can't tell what breach of the peace each (defendant ) provoked." Asserting that "now we have this information for the first time in this case," Johnston renewed a plea for continuance of the trial to permit the defense to prepare its case. That, too, was termed a delay tactic by Honohan. Thornton Dec. 21 overruled a defense motion asking that the trial be delayed. Arguing against the defense motions, Honohan told Thornton the trials should not be separated because "the defense hasn't shown the facts aren't similar" in each of the 210 cases. Honohan also argued that informations filed against the defendants are valid even though not all are signed by eyewitnesses. The city attorney said he "finds no authority" in teh State Code for Johnston's claim that signatures on informations must be those of eyewitnesses. The defense lawyers also objected to the disorderly conduct charges themselves, asserting that the section of the City Code the defendants are accused of violating "is unconstitutional for vagueness and overbreadth." Thornton said he would study cases cited by Johnston and Honohan before ruling on the defense motions. Meanwhile, preparations are continuing for the mass trial, set for 9 a.m. Monday in the courtroom (Council Chamber) at the Civic Center. The chamber accommodates about 130, and obviously would not seat all the defendants. A demonstration is reportedly being planned to coincide with the trial. Thornton said today that two defendants, Bruce Clark and Jon Younger, had been removed from the list of those to be tried Monday and would be tried individually at a later date. The judge said the names were removed at the city's request, apparently, he said, because the city has evidence against Clark and Younger different from that against the other 210. Besides Clark and Younger, another 13 defendants still have cases pending in connection with the May 8 arrests. Those 15 were arrested with the 210, but are to be tried individualy on dates yet to be set. All 225 defendants were arreted early the morning of May 8 as they sat on the steps of Old Capitol to protest the American invasion of Cambodia and the killing of four students at Kent State University.