DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, 1970 | 1970-02-06 Daily Iowan Article: ""Charge Dropped Against 1 Student In Pritest Case""

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University of Iowa anti-war protests, 1970

1970-02-06 Daily Iowan Article: ""Charge Dropped Against 1 Student In Pritest Case""

"Charge Dropped Against 1 Student In Protest Case"
by Karen Good
DI  Feb. 6, 1970
After 5-1/2 chaotic hours Thursday, the two-day Placement Office protest hearing was concluded with the dropping of charges against one of six students facing possible University suspension or dismissal. 
    Charges against Randy Miller, G, Cedar Rapids, were dismissed - over defense objections - after the University, represented by Assistant to the President John Larson, requested that the court drop the charges for lack of evidence. 
    Former Iowa Supreme Court Chief Justice Theodore Garfield, appointed three weeks ago by University Pres. Willard Boyd to preside over the hearing, granted Larson's request.  
   A decision on charges against the five other students charged will remain in limbo "for at least two weeks," according to Garfield, who will now take the case under advisement.  
   Garfield said it would take him a minimum of two weeks to consider all aspects of the evidence and to make recommendations to Boyd.  
     Boyd will make the final decision.  
    Another hearing on the Dec. 10 Placement Office incident is scheduled for 8 a.m. before Iowa City Police Court Judge Marion Neely in the civic Center Courtroom.  Disorderly conduct charges against the six and two other persons allegedly involved in the incident are to be heard.  
   Larson's motion to dismiss charges against Miller came at 1:30 p.m. after the court had reconvened from a 90 minute recess.  
   Before Larson's motion, Miller's attorney, Al Parrish, L3, Camden, Ala., had asked the court for a recess until 9:30 a.m. today.  
   Parrish told the court that Miller, who had attended the morning session but was absent in the afternoon because of teaching commitments, wanted the recess so that two witnesses he wished to call could be present.  
   The two witnesses were Dean of Student Affairs M.L. Huit and Vice Provost Phillip Hubbard, who both had left town Wednesday and were to return today. 
   Parrish also said that Miller thought the court had not protected his interest during the morning session when proceedings were disturbed several times.  No apparent correction was made by the court.
   However, at this point, Larson made the motion to dismiss University charges against Miller.
   Parrish told the court the dismissal came as a surprise and asked for a 30-minute recess so he could contact his client and ask him whether he wished to have the charges dropped.
   Garfield granted the recess.
   When Parrish returned to the courtroom, he said his client had asked that the charges not be dropped because "he thought it was necessary to relate the political nature of the trial through Huit's and Hubbard's testimony."
   Garfield, however, told Parrish he was dropping the charges because of a lack of evidence in Miller's case.
   Much of the Thursday session was taken up in verbal confrontations between Student Sen. Jerry Sies, corresponding student, Iowa City; Fred Purdy, G, Iowa City; and Jan Wilkenson, A1, Iowa City, and court officials.  
   In a Wednesday night Student Senate meeting, the Senate had voted 19 to 6 to have a group of senators and other "interested students" appear at Thursday's hearing and state that they did not recognize the legitimacy of the court.
   Court proceedings went smoothly until shortly before noon, when Purdy was asked by the defense to take the stand.
   Throughout Purdy's testimony - about an hour of reading of a series of pamphlets on the general Electric strike - Sies proclaimed himself judge of the "people's court" and, several times called Garfield out of order when Garfield asked Purdy to  leave the stand.
   Parrish told the court he had not expected Purdy to read for an hour but had called Purdy to relate the protest to the General Electric strike.
   Parrish asked Garfield to remove Purdy from the stand.  Garfield could not, however, and Purdy continued to read the statements.
   Garfield then called a recess for lunch, and left the College of Law Courtroom.  Sies moved into Garfield's chair as Garfield stopped from the bench.  Purdy continued to read for several minutes until Campus Security officials removed all persons from the courtroom.
   University officials, Student Body Pres. Phil Dantes, and Garfield met during the recess to discuss further hearing procedure.
   A second disturbance broke out after Garfield's decision to drop University charges again Miller.
   Purdy read a statement to the court and to its capacity crowd of spectators that he would continue to disrupt the proceedings.
   At the same time, Sies and Miss Wilkenson approached Garfield at the courtroom bench and attempted to take over the bench.  Sies blocked Garfield as he attempted to leave the bench.
   William Tucker, Lecturer in law, and several Campus Security officials assisted Garfield.  Tucker told the Campus Security officers he would place charges against Sies if asked.  However, Tucker said Thursday night he was not planning to place charges.
   Garfield, who had the power to dismiss any students whom he considered to be "disrupting" the proceedings, said after the hearing he had no plans to call any of the students or persons involved in the incidents in contempt.
   Campus Security Detective Kenneth Saylor was recalled by Larson.
   Most of his testimony was taken up in the playing of tape recordings Saylor said were taken by radio station KXIC during the protest.
   When defense counsel contested the tapes because they were "garbled and there was no assurance that the tapes were taken during the protest," Larson said the tapes were important in pointing out the noise at the protest and in establishing that the incident was disruptive."
   Garfield accepted the tapes as evidence.
   Saylor also testified that during the protest $30 damage had been done to a partition in the Placement Office.
   Larson asked Saylor to look at several pictures and determine whether they were taken during the protest and if the pictures were those of persons at the protest.
   "Yes," Saylor responded.
   Shelly Blum, L2, Iowa City, also a defense counsel, asked Saylor whether Campus Security kept files of pictures on persons they determined "trouble makers, like Jerry Sies and Bruce Clark.
   "Yes, we keep files on some persons if they have been involved in demonstrations," Saylor responded.

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"Charge Dropped Against 1 Student In Protest Case" by Karen Good DI Feb. 6, 1970 After 5-1/2 chaotic hours Thursday, the two-day Placement Office protest hearing was concluded with the dropping of charges against one of six students facing possible University suspension or dismissal. Charges against Randy Miller, G, Cedar Rapids, were dismissed - over defense objections - after the University, represented by Assistant to the President John Larson, requested that the court drop the charges for lack of evidence. Former Iowa Supreme Court Chief Justice Theodore Garfield, appointed three weeks ago by University Pres. Willard Boyd to preside over the hearing, granted Larson's request. A decision on charges against the five other students charged will remain in limbo "for at least two weeks," according to Garfield, who will now take the case under advisement. Garfield said it would take him a minimum of two weeks to consider all aspects of the evidence and to make recommendations to Boyd. Boyd will make the final decision. Another hearing on the Dec. 10 Placement Office incident is scheduled for 8 a.m. before Iowa City Police Court Judge Marion Neely in the civic Center Courtroom. Disorderly conduct charges against the six and two other persons allegedly involved in the incident are to be heard. Larson's motion to dismiss charges against Miller came at 1:30 p.m. after the court had reconvened from a 90 minute recess. Before Larson's motion, Miller's attorney, Al Parrish, L3, Camden, Ala., had asked the court for a recess until 9:30 a.m. today. Parrish told the court that Miller, who had attended the morning session but was absent in the afternoon because of teaching commitments, wanted the recess so that two witnesses he wished to call could be present. The two witnesses were Dean of Student Affairs M.L. Huit and Vice Provost Phillip Hubbard, who both had left town Wednesday and were to return today. Parrish also said that Miller thought the court had not protected his interest during the morning session when proceedings were disturbed several times. No apparent correction was made by the court. However, at this point, Larson made the motion to dismiss University charges against Miller. Parrish told the court the dismissal came as a surprise and asked for a 30-minute recess so he could contact his client and ask him whether he wished to have the charges dropped. Garfield granted the recess. When Parrish returned to the courtroom, he said his client had asked that the charges not be dropped because "he thought it was necessary to relate the political nature of the trial through Huit's and Hubbard's testimony." Garfield, however, told Parrish he was dropping the charges because of a lack of evidence in Miller's case. Much of the Thursday session was taken up in verbal confrontations between Student Sen. Jerry Sies, corresponding student, Iowa City; Fred Purdy, G, Iowa City; and Jan Wilkenson, A1, Iowa City, and court officials. In a Wednesday night Student Senate meeting, the Senate had voted 19 to 6 to have a group of senators and other "interested students" appear at Thursday's hearing and state that they did not recognize the legitimacy of the court. Court proceedings went smoothly until shortly before noon, when Purdy was asked by the defense to take the stand. Throughout Purdy's testimony - about an hour of reading of a series of pamphlets on the general Electric strike - Sies proclaimed himself judge of the "people's court" and, several times called Garfield out of order when Garfield asked Purdy to leave the stand. Parrish told the court he had not expected Purdy to read for an hour but had called Purdy to relate the protest to the General Electric strike. Parrish asked Garfield to remove Purdy from the stand. Garfield could not, however, and Purdy continued to read the statements. Garfield then called a recess for lunch, and left the College of Law Courtroom. Sies moved into Garfield's chair as Garfield stopped from the bench. Purdy continued to read for several minutes until Campus Security officials removed all persons from the courtroom. University officials, Student Body Pres. Phil Dantes, and Garfield met during the recess to discuss further hearing procedure. A second disturbance broke out after Garfield's decision to drop University charges again Miller. Purdy read a statement to the court and to its capacity crowd of spectators that he would continue to disrupt the proceedings. At the same time, Sies and Miss Wilkenson approached Garfield at the courtroom bench and attempted to take over the bench. Sies blocked Garfield as he attempted to leave the bench. William Tucker, Lecturer in law, and several Campus Security officials assisted Garfield. Tucker told the Campus Security officers he would place charges against Sies if asked. However, Tucker said Thursday night he was not planning to place charges. Garfield, who had the power to dismiss any students whom he considered to be "disrupting" the proceedings, said after the hearing he had no plans to call any of the students or persons involved in the incidents in contempt. Campus Security Detective Kenneth Saylor was recalled by Larson. Most of his testimony was taken up in the playing of tape recordings Saylor said were taken by radio station KXIC during the protest. When defense counsel contested the tapes because they were "garbled and there was no assurance that the tapes were taken during the protest," Larson said the tapes were important in pointing out the noise at the protest and in establishing that the incident was disruptive." Garfield accepted the tapes as evidence. Saylor also testified that during the protest $30 damage had been done to a partition in the Placement Office. Larson asked Saylor to look at several pictures and determine whether they were taken during the protest and if the pictures were those of persons at the protest. "Yes," Saylor responded. Shelly Blum, L2, Iowa City, also a defense counsel, asked Saylor whether Campus Security kept files of pictures on persons they determined "trouble makers, like Jerry Sies and Bruce Clark. "Yes, we keep files on some persons if they have been involved in demonstrations," Saylor responded.