DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, January-April 1971 | 1971-01-08 Iowa City Press-Citizen Article: ""Innocent Verdicts Directed for 19 In Protest Case""

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

1971-01-08 Iowa City Press-Citizen Article: ""Innocent Verdicts Directed for 19 In Protest Case""

PC 1/9/71
Innocent Verdicts
Directed for 19
In Protest Case
By Mark F. Rohner
Of the Press-Citizen

  Police Judge Joseph Thornton this morning directed not guilty verdicts for 19 of 210 protesters who were awaiting trial here on disorderly conduct charges.
  Thornton sustained a motion for the directed verdicts filed by four lawyers representing the 19.
  In a ruling on the motion, Thornton said that evidence agreed upon as true by both the city and the defense did not show violation of the city's disorderly conduct ordinance.
  "None of the defendants engaged in any 'violent' conduct," Thornton wrote. "There remains the question whether they in the language used in the information and ordinance, conducted themselves in an 'offensive' manner.
  "The evidence disclosed that at the time of the arrest these defendants were seated on the steps of the Old Capitol building, with locked arms, chanting. Someone was saying a prayer. They were arrested without resistance. This court is unable to equate such activity as being 'offensive.'"
  Thornton made no ruling on a second motion by the four defense lawyers to declare the city's disorderly conduct ordinance invalid because it is "too vague and indefinite to constitute sufficient certainty or standards of conduct as required of criminal statutes."
  Thornton also wrote that the court "questions the advisability and necessity, if not the legality, of prosecuting, in the name of the city and under its ordinances, alleged public offenses occurring on property owned by the State of Iowa. The better procedure, in the court's opinion, would dictate that such prosecutions be carried on by the State, in its name, and under its Code of Laws."
  Thornton directed that informations filed against the 19 be dismissed and that their bond, $100 each, be returned.
  Among the 19 found not guilty today are George Forell, director of the University of Iowa School of Religion, and the Rev. Roy Wingate, pastor of Gloria Dei Lutheran Church. Also found not guilty are Hale Anderson, Richard Borg, Kathy Bradley, Michael Dykstra, Thomas Gilloon, Nancy Grache, Vicki Grafentin, Thomas Kieffer, Janet Laitner, Gregory Nelson, Nancy Pearsall, David Rolph, Lawrence Rothenberg, Lynn Schlitt, Rodney Stone, James Thompson and Mary Watson.
  They were represented by James Hayes, David Poula, Ronald Carlson and William Tucker.

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PC 1/9/71 Innocent Verdicts Directed for 19 In Protest Case By Mark F. Rohner Of the Press-Citizen Police Judge Joseph Thornton this morning directed not guilty verdicts for 19 of 210 protesters who were awaiting trial here on disorderly conduct charges. Thornton sustained a motion for the directed verdicts filed by four lawyers representing the 19. In a ruling on the motion, Thornton said that evidence agreed upon as true by both the city and the defense did not show violation of the city's disorderly conduct ordinance. "None of the defendants engaged in any 'violent' conduct," Thornton wrote. "There remains the question whether they in the language used in the information and ordinance, conducted themselves in an 'offensive' manner. "The evidence disclosed that at the time of the arrest these defendants were seated on the steps of the Old Capitol building, with locked arms, chanting. Someone was saying a prayer. They were arrested without resistance. This court is unable to equate such activity as being 'offensive.'" Thornton made no ruling on a second motion by the four defense lawyers to declare the city's disorderly conduct ordinance invalid because it is "too vague and indefinite to constitute sufficient certainty or standards of conduct as required of criminal statutes." Thornton also wrote that the court "questions the advisability and necessity, if not the legality, of prosecuting, in the name of the city and under its ordinances, alleged public offenses occurring on property owned by the State of Iowa. The better procedure, in the court's opinion, would dictate that such prosecutions be carried on by the State, in its name, and under its Code of Laws." Thornton directed that informations filed against the 19 be dismissed and that their bond, $100 each, be returned. Among the 19 found not guilty today are George Forell, director of the University of Iowa School of Religion, and the Rev. Roy Wingate, pastor of Gloria Dei Lutheran Church. Also found not guilty are Hale Anderson, Richard Borg, Kathy Bradley, Michael Dykstra, Thomas Gilloon, Nancy Grache, Vicki Grafentin, Thomas Kieffer, Janet Laitner, Gregory Nelson, Nancy Pearsall, David Rolph, Lawrence Rothenberg, Lynn Schlitt, Rodney Stone, James Thompson and Mary Watson. They were represented by James Hayes, David Poula, Ronald Carlson and William Tucker.