DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, January-April 1971 | 1971-01-04 Iowa City Press-Citizen Article: ""All Mass Trial Cases Here Are Continued Indefinitely""

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University of Iowa anti-war protests, January-April 1971

1971-01-04 Iowa City Press-Citizen Article: ""All Mass Trial Cases Here Are Continued Indefinitely""

P.C. 1/4/71
P.C. 1/4/71

All Mass Trial Cases Here Are
Continued Indefinitely
By Mark F. Rohner
Of the Press-Citizen

  The on-again, off-again mass trial of 210 protesters has been called off here -- indefinitely.
  Police Judge Joseph Thornton this morning granted continuances to 191 defendants -- after District Court Judge Ansel Chapman last week issued a stay order affecting the other 109 accused.
  Thornton's action came at what initially was to be one consolidated trial for all 210. However, as the list of those to be tried steadily dwindled, Thornton sustained a motion by City Atty. Jay Honohan to call off the entire trial and continue it to a later date, as yet unspecified.
  Honohan's motion came after the names of 21 defendants were whittled away from the list of 101 to be tried today.
  Eleven of those were granted continuances on the motions of their lawyers before this morning's session got underway. After reading those 11 names, Thornton offered continuances to anyone else who wanted them. Ten defendants came forward and had their trials delayed.
  Thornton then asked, "Is there anyone who wishes to be tried this morning?" There were no takers and Honohan offered his motion.
  "The motion is granted," Thornton said and strode out of the courtroom.
  Despite bad weather that raised questions whether many would be able to attend this morning's session, the courtroom at the Civic Center was jammed nearly to capacity with defendants, lawyers, newsmen and spectators.
  However, a demonstration planned to coincide with the trial failed to come off, although no classes were held at the University of Iowa. Classes were called off not to assure a turnout at the trial, as some students had requested, but because of the heavy snowfall that made it difficult for most students to return from Christmas vacation.
  The continuance granted this morning follows a series of attempts by the defense to avoid the mass trial and maneuvers by the city to assure that the trial go on as scheduled.
  Thornton earlier turned down defense motions for continuance and separate trials, but defense lawyers Joseph Johnston and J. Newman Toomey succeeded last Thursday in getting at least a week's delay for their 109 clients.
  That delay, which started shrinking the list of defendants, was ordered by Judge Chapman until he could determine whether Thornton's pre-trial rulings should be set up for review.
  Toomey and Johnston had requested a writ of certiorari, authorizing the review, so District Court could determine whether the mass trial was legal and whether the city's disorderly conduct ordinance the 210 are accused of violating is "unconstitutional for vagueness and overbreadth."
  A hearing on whether the writ should issue is set for Monday in District Court.
At first it was thought that Chapman's stay order applied to all 210 defendants, but Thornton, Honohan, Chapman and several defense attorneys agreed Saturday that the order affected only those 109 defended by Toomey and Johnston.
  Honohan announced Saturday that the trial could go on as planned for the remaining 101. But it was stipulated that any of those 101 cases could be continued pending a decision from Chapman. That proved to be a popular offer.
  The 210 defendants now join another 15 whose cases -- all arising out of a May 8 demonstration here -- are still pending. The 15 were to be prosecuted separately, using evidence different from that which the city has against the 210.
  All 225 were arrested early the morning of May 8 as they sat on the steps of Old Capitol to protest the invasion of Cambodia and the killings of four Kent State University students.

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P.C. 1/4/71 P.C. 1/4/71 All Mass Trial Cases Here Are Continued Indefinitely By Mark F. Rohner Of the Press-Citizen The on-again, off-again mass trial of 210 protesters has been called off here -- indefinitely. Police Judge Joseph Thornton this morning granted continuances to 191 defendants -- after District Court Judge Ansel Chapman last week issued a stay order affecting the other 109 accused. Thornton's action came at what initially was to be one consolidated trial for all 210. However, as the list of those to be tried steadily dwindled, Thornton sustained a motion by City Atty. Jay Honohan to call off the entire trial and continue it to a later date, as yet unspecified. Honohan's motion came after the names of 21 defendants were whittled away from the list of 101 to be tried today. Eleven of those were granted continuances on the motions of their lawyers before this morning's session got underway. After reading those 11 names, Thornton offered continuances to anyone else who wanted them. Ten defendants came forward and had their trials delayed. Thornton then asked, "Is there anyone who wishes to be tried this morning?" There were no takers and Honohan offered his motion. "The motion is granted," Thornton said and strode out of the courtroom. Despite bad weather that raised questions whether many would be able to attend this morning's session, the courtroom at the Civic Center was jammed nearly to capacity with defendants, lawyers, newsmen and spectators. However, a demonstration planned to coincide with the trial failed to come off, although no classes were held at the University of Iowa. Classes were called off not to assure a turnout at the trial, as some students had requested, but because of the heavy snowfall that made it difficult for most students to return from Christmas vacation. The continuance granted this morning follows a series of attempts by the defense to avoid the mass trial and maneuvers by the city to assure that the trial go on as scheduled. Thornton earlier turned down defense motions for continuance and separate trials, but defense lawyers Joseph Johnston and J. Newman Toomey succeeded last Thursday in getting at least a week's delay for their 109 clients. That delay, which started shrinking the list of defendants, was ordered by Judge Chapman until he could determine whether Thornton's pre-trial rulings should be set up for review. Toomey and Johnston had requested a writ of certiorari, authorizing the review, so District Court could determine whether the mass trial was legal and whether the city's disorderly conduct ordinance the 210 are accused of violating is "unconstitutional for vagueness and overbreadth." A hearing on whether the writ should issue is set for Monday in District Court. At first it was thought that Chapman's stay order applied to all 210 defendants, but Thornton, Honohan, Chapman and several defense attorneys agreed Saturday that the order affected only those 109 defended by Toomey and Johnston. Honohan announced Saturday that the trial could go on as planned for the remaining 101. But it was stipulated that any of those 101 cases could be continued pending a decision from Chapman. That proved to be a popular offer. The 210 defendants now join another 15 whose cases -- all arising out of a May 8 demonstration here -- are still pending. The 15 were to be prosecuted separately, using evidence different from that which the city has against the 210. All 225 were arrested early the morning of May 8 as they sat on the steps of Old Capitol to protest the invasion of Cambodia and the killings of four Kent State University students.