DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, January-April 1971 | 1971-01-12 Iowa City Press-Citizen Article: ""District Court Turns Down Moves in Mass Trial Case"" Page 1

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

1971-01-12 Iowa City Press-Citizen Article: ""District Court Turns Down Moves in Mass Trial Case"" Page 1

P-C 1/12/71
District Court Turns Down
Moves in mass Trial Case
By Mark F. Rohner
Of the Press-Citizen
District Judge Ansel Chapman refused this morning to authorize a review of pretrial Police Court rulings in the case of 191 protesters charged with disorderly conduct.
At the same time, Chapman set aside an order delaying a mass trial for 140 of the 191.
Thus, the trial apparently will go on, although Police Judge Joseph Thornton said this morning he will make no decision on rescheduling the matter for trial until he has studied Chapman's decision.
In a written ruling filed this morning, Chapman said he found no violation of law or abuse of discretion in Thornton's denial of defense petitions asking Thornton to:
—Continue the mass trial.
—Grant each defendant a separate trial.
—Find invalid informations filed against the defendants because they were not signed by eyewitnesses.
—Rule "unconstitutional for vagueness and overbreadth" the city disorderly conduct ordinance the defendants are accused of violating.
Defense lawyers Joseph Johnston and J. Newman Toomey had asked Chapman to grant a writ of certiorari, authorizing a review of Thornton's rulings.
"Allegations contained in the application (for the writ) do not support or justify the issuance of a writ of certiorari in this case," Chapman wrote.
"Judge Thornton certainly has the right to control his own calendar," Chapman wrote. "The motion for continuance was addressed to his sound discretion and a reviewing court should not interfere in the absence of abuse of that discretion. Considering the length of time these cases have been pending, the time existing between the date of the ruling and date of trial and that petitioners were represented by more than one attorney, there is no substantial basis to even speculate that there was an abuse of discretion.
"The same is true with reference to Judge Thornton's controlling his calendar in ordering consolidation of petitioners' cases," Chapman continued.
Chapman also said "there is nothing illegal in the fact that an information is filed by one who did not witness the acts serving as a basis for the complaint. . .. Nor did Judge Thornton act illegally in refusing to hold the ordinance in question unconstitutional. He properly rendered an opinion on a legal issue, based on supporting authority. . ."
Chapman noted that the defendants still would have the right to appeal their cases to District Court or the Supreme Court after trial in Police Court. The petitioners, Chapman said, were trying to turn the writ of certiorari into a pre-verdict "appeal to test the correctness of any legal ruling made by a police judge or a 
TRIAL  turn to Page 2A

What's Where
On Inside Pages
Iowa Legislature 
Off to a Fast Start  6A
Business Gets Tax Break  7A
Misuse of Indian 
Funds Charged  6B
Dear Abby  8B
Classified  6B, 7B
Comics, TV  3B
Editorial  4A
Entertainment  4B
Farm  5B
Markets  5B
Sports  1B, 2B
Women's News  5A
Local Westher
Chance of Snow
Forecast — 5B

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P-C 1/12/71 District Court Turns Down Moves in mass Trial Case By Mark F. Rohner Of the Press-Citizen District Judge Ansel Chapman refused this morning to authorize a review of pretrial Police Court rulings in the case of 191 protesters charged with disorderly conduct. At the same time, Chapman set aside an order delaying a mass trial for 140 of the 191. Thus, the trial apparently will go on, although Police Judge Joseph Thornton said this morning he will make no decision on rescheduling the matter for trial until he has studied Chapman's decision. In a written ruling filed this morning, Chapman said he found no violation of law or abuse of discretion in Thornton's denial of defense petitions asking Thornton to: —Continue the mass trial. —Grant each defendant a separate trial. —Find invalid informations filed against the defendants because they were not signed by eyewitnesses. —Rule "unconstitutional for vagueness and overbreadth" the city disorderly conduct ordinance the defendants are accused of violating. Defense lawyers Joseph Johnston and J. Newman Toomey had asked Chapman to grant a writ of certiorari, authorizing a review of Thornton's rulings. "Allegations contained in the application (for the writ) do not support or justify the issuance of a writ of certiorari in this case," Chapman wrote. "Judge Thornton certainly has the right to control his own calendar," Chapman wrote. "The motion for continuance was addressed to his sound discretion and a reviewing court should not interfere in the absence of abuse of that discretion. Considering the length of time these cases have been pending, the time existing between the date of the ruling and date of trial and that petitioners were represented by more than one attorney, there is no substantial basis to even speculate that there was an abuse of discretion. "The same is true with reference to Judge Thornton's controlling his calendar in ordering consolidation of petitioners' cases," Chapman continued. Chapman also said "there is nothing illegal in the fact that an information is filed by one who did not witness the acts serving as a basis for the complaint. . .. Nor did Judge Thornton act illegally in refusing to hold the ordinance in question unconstitutional. He properly rendered an opinion on a legal issue, based on supporting authority. . ." Chapman noted that the defendants still would have the right to appeal their cases to District Court or the Supreme Court after trial in Police Court. The petitioners, Chapman said, were trying to turn the writ of certiorari into a pre-verdict "appeal to test the correctness of any legal ruling made by a police judge or a TRIAL turn to Page 2A What's Where On Inside Pages Iowa Legislature Off to a Fast Start 6A Business Gets Tax Break 7A Misuse of Indian Funds Charged 6B Dear Abby 8B Classified 6B, 7B Comics, TV 3B Editorial 4A Entertainment 4B Farm 5B Markets 5B Sports 1B, 2B Women's News 5A Local Westher Chance of Snow Forecast — 5B