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University of Iowa anti-war protests, 1970

1970-11-12 Des Moines Register Article: ""Mass Trial Plans Falter""

Des Moines Register
Thurs., Nov. 12, 1970
Page 20

MASS TRIAL PLANS FALTER
By Larry Eckholt
(Register Staff Writer)
IOWA CITY, IA. — Plans to stage a mass trial here for many of the 237 persons arrested during last May's disorders on the University of Iowa Campus apparently have bogged down.
Six weeks ago, City Atty. Jay Honohan proposed that "as many as possible" of those charged with disorderly conduct on May 8 after refusing to clear the central campus area be tried en masse before Police Court Judge Joseph Thornton.
However, Honohan said Wednesday there has been little progress in aranging for the mass trial because defense lawyers have not gathered together those defendants who would agree to such a trial.
In a related development, U of I student leaders have disclosed they want to set up a permanent "bail fund" at the university.
Money raised last spring to bail out some of those arrested would be available for such a fund. The students aare therefore anxious for court action to proceed.
Common Evidence
Honohan said he would like to prosecute the defendants under "a common set of facts" relating to their participation in the disorders.
The arrests came after U of I President Willard Boyd, who was in Des Moines at the time, ordered the area surounding the old capitol be cleared. The disorders arose in the aftermath of the U. S. Invasion of Cambodia and the killing of four students on the Kent State University campus.
"Such a trial would save time for the city and the judge as well as the defendants," Honohan said. "Normally, we would schedule each person with 10 minutes' time in court which would take a lot of time."
"Those who prefer separate trials would be allowed to do so because "we can't dictate to a person how his trial is to proceed," Honohan said.
A mass trial, says Iowa City attorney James Hayes, one of at least four lawyers working on the case, "raises all sorts of questions."
"For one thing, a 'common set of facts' may exist for five persons in the group of those arrested but another set of facts may be common for the rest of the group.
Ready to Proceed
"At this point, most students are ready to get this over," Hayes said. "They don't want this left hanging much longer."
Honohan said if an agreement is not reached soon he will request that Judge Thornton begin scheduling appearances for the accused "in the very near future."
Meanwhile, Student Body President Robert Beller wants a permanent "bail fund" to be on hand if similar mass arrests take place in the future.
Following the arrests of students last May, funds were raised to release students from jail.
Saul S. Meyer of Ottumwa, who was in charge of the fund drive, said more than $4,000 was raised in two days. He said about $2,000 of the money will be returned to student leaders when final court action takes place.

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Des Moines Register Thurs., Nov. 12, 1970 Page 20 MASS TRIAL PLANS FALTER By Larry Eckholt (Register Staff Writer) IOWA CITY, IA. — Plans to stage a mass trial here for many of the 237 persons arrested during last May's disorders on the University of Iowa Campus apparently have bogged down. Six weeks ago, City Atty. Jay Honohan proposed that "as many as possible" of those charged with disorderly conduct on May 8 after refusing to clear the central campus area be tried en masse before Police Court Judge Joseph Thornton. However, Honohan said Wednesday there has been little progress in aranging for the mass trial because defense lawyers have not gathered together those defendants who would agree to such a trial. In a related development, U of I student leaders have disclosed they want to set up a permanent "bail fund" at the university. Money raised last spring to bail out some of those arrested would be available for such a fund. The students aare therefore anxious for court action to proceed. Common Evidence Honohan said he would like to prosecute the defendants under "a common set of facts" relating to their participation in the disorders. The arrests came after U of I President Willard Boyd, who was in Des Moines at the time, ordered the area surounding the old capitol be cleared. The disorders arose in the aftermath of the U. S. Invasion of Cambodia and the killing of four students on the Kent State University campus. "Such a trial would save time for the city and the judge as well as the defendants," Honohan said. "Normally, we would schedule each person with 10 minutes' time in court which would take a lot of time." "Those who prefer separate trials would be allowed to do so because "we can't dictate to a person how his trial is to proceed," Honohan said. A mass trial, says Iowa City attorney James Hayes, one of at least four lawyers working on the case, "raises all sorts of questions." "For one thing, a 'common set of facts' may exist for five persons in the group of those arrested but another set of facts may be common for the rest of the group. Ready to Proceed "At this point, most students are ready to get this over," Hayes said. "They don't want this left hanging much longer." Honohan said if an agreement is not reached soon he will request that Judge Thornton begin scheduling appearances for the accused "in the very near future." Meanwhile, Student Body President Robert Beller wants a permanent "bail fund" to be on hand if similar mass arrests take place in the future. Following the arrests of students last May, funds were raised to release students from jail. Saul S. Meyer of Ottumwa, who was in charge of the fund drive, said more than $4,000 was raised in two days. He said about $2,000 of the money will be returned to student leaders when final court action takes place.