DIY History | Transcribe | Campus Culture | Student protests, May-December 1971 | 1971-05-18 Daily Iowan Article: ""Five 'Guilty' in Protest Trial""

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Student protests, May-December 1971

1971-05-18 Daily Iowan Article: ""Five 'Guilty' in Protest Trial""

DI 5/18/71 

-Seven Freed; Arrests Continue - 

Five 'Guilty' in Protest Trial 

Two persons forfeited bond, three were convicted and seven had charges dismissed Monday in another round of trials for those arrested during last week's demonstrations.
On a motion by the city, charges were dropped against James Dutkiewiez, A4; Michael Collins, B4; David Stoner; Billy Steig, A3; and Alfred Kimble.
City officials said they moved dismissal because of insufficient evidence. 
Charges were dismissed against Frank Conway on a motion by the defense.
Police Court Judge Joseph Thornton dismissed charges against Gerald Lehman, A3, after the arresting officer testified he did not order the defendant to leave the street.
Found guilty of disobedience to a police officer and fined $100 plus court costs was Stanley Gassmann, A4, Gassman testified he was on his way to a downtown bar when a policeman asked him to leave.
When Gassmann asked if the bars were closed, the policeman told him to leave or be arrested. Gassmann testified he turned around and left, but the policeman ran after him and arrested him. 
Stephen Reynolds, A2, was found guilty of disorderly conduct and fined $100 plus costs. He testified he has left a downtown bar and was walking to an apartment when he was arrested. 
The disorderly conduct charge against Robert J. Mall was changed to a charge of refusing and failure to obey a police officer. 
Trial date was reset for May 28 to allow defense time to prepare its case for the new charge. 
Editor-select of the Daily Iowan, Thomas Walsh learned that his disorderly conduct charge had been amended to a charge of failure to comply with a lawful order given by a police officer. 
Walsh was reporting for a local newspaper at the time of his arrest.
Walsh, who requested that trial be held as scheduled, was found guilty and fined $100 and costs. 
In a discussion with Walsh's attorneys Thornton stressed the duty of police officers to clear the streets in times of civil disorder. 
"If an officer says you must clear the streets, a citizen must comply," Thornton said. 
Police officer James Clark testified that he had ordered Walsh and several other persons in the vicinity of a police bus to "clear the area" 
Walsh and two witnesses, John Avery, Associated Press photographer, and Larry Eckholt, head of the Iowa City Bureau of the Des Moines Register testified that Clark's order was not "clear the area," but, "You people are going to have to move along."
Walsh, Avery, and Eckholt said they felt the group of newspersons had complied with the order when they moved 10 to 20 feet from the entrance to the bus. 
Clark testified he had intended his order to mean that the group should leave the downtown area. 
Thornton said after the trial he, too, interpreted the order in that way. 
"The order should have been taken in context with the other more general orders given by the police during the course of the night," he said. 
Walsh will appeal the verdict. 
Bond of $105 was forfeited by Gregory Baker and Charles Meggitt who failed to appear in court. 
Three people were still being held in Johnson County Jail Monday night on charges resulting from the disturbances. 
Harold Erickson, A4, arrested May 6 for "riotous conduct," was being held in lieu of $1,105 bond.
Mark Lindhal, A3, arrested Monday for "malicious injury to property" was also being detained. Lindahl's charges stemmed from his alleged participation in a May 12 incident. His bond is $1,000.
Also arrested Monday was Robert Jarchow, A2, charged with assault with intent to commit great bodily injury in a May 11 demonstration . Jarchow is being held in lieu of $1,000 bond. 
William Eliason, A1, was arrested and released Monday after posting $1,000 Eliason was charged with malicious injury to property, the charges stemming from a May 12 incident.

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DI 5/18/71 -Seven Freed; Arrests Continue - Five 'Guilty' in Protest Trial Two persons forfeited bond, three were convicted and seven had charges dismissed Monday in another round of trials for those arrested during last week's demonstrations. On a motion by the city, charges were dropped against James Dutkiewiez, A4; Michael Collins, B4; David Stoner; Billy Steig, A3; and Alfred Kimble. City officials said they moved dismissal because of insufficient evidence. Charges were dismissed against Frank Conway on a motion by the defense. Police Court Judge Joseph Thornton dismissed charges against Gerald Lehman, A3, after the arresting officer testified he did not order the defendant to leave the street. Found guilty of disobedience to a police officer and fined $100 plus court costs was Stanley Gassmann, A4, Gassman testified he was on his way to a downtown bar when a policeman asked him to leave. When Gassmann asked if the bars were closed, the policeman told him to leave or be arrested. Gassmann testified he turned around and left, but the policeman ran after him and arrested him. Stephen Reynolds, A2, was found guilty of disorderly conduct and fined $100 plus costs. He testified he has left a downtown bar and was walking to an apartment when he was arrested. The disorderly conduct charge against Robert J. Mall was changed to a charge of refusing and failure to obey a police officer. Trial date was reset for May 28 to allow defense time to prepare its case for the new charge. Editor-select of the Daily Iowan, Thomas Walsh learned that his disorderly conduct charge had been amended to a charge of failure to comply with a lawful order given by a police officer. Walsh was reporting for a local newspaper at the time of his arrest. Walsh, who requested that trial be held as scheduled, was found guilty and fined $100 and costs. In a discussion with Walsh's attorneys Thornton stressed the duty of police officers to clear the streets in times of civil disorder. "If an officer says you must clear the streets, a citizen must comply," Thornton said. Police officer James Clark testified that he had ordered Walsh and several other persons in the vicinity of a police bus to "clear the area" Walsh and two witnesses, John Avery, Associated Press photographer, and Larry Eckholt, head of the Iowa City Bureau of the Des Moines Register testified that Clark's order was not "clear the area," but, "You people are going to have to move along." Walsh, Avery, and Eckholt said they felt the group of newspersons had complied with the order when they moved 10 to 20 feet from the entrance to the bus. Clark testified he had intended his order to mean that the group should leave the downtown area. Thornton said after the trial he, too, interpreted the order in that way. "The order should have been taken in context with the other more general orders given by the police during the course of the night," he said. Walsh will appeal the verdict. Bond of $105 was forfeited by Gregory Baker and Charles Meggitt who failed to appear in court. Three people were still being held in Johnson County Jail Monday night on charges resulting from the disturbances. Harold Erickson, A4, arrested May 6 for "riotous conduct," was being held in lieu of $1,105 bond. Mark Lindhal, A3, arrested Monday for "malicious injury to property" was also being detained. Lindahl's charges stemmed from his alleged participation in a May 12 incident. His bond is $1,000. Also arrested Monday was Robert Jarchow, A2, charged with assault with intent to commit great bodily injury in a May 11 demonstration . Jarchow is being held in lieu of $1,000 bond. William Eliason, A1, was arrested and released Monday after posting $1,000 Eliason was charged with malicious injury to property, the charges stemming from a May 12 incident.