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Campus "Unrest" Demonstrations, 1970

Article: ""Demonstration cases still pending"" Page 1

A view from the steps—Demonstration cases still pending

By Lorrie Piacenza
Recently, an article appeared on the front page of the Des Moines Register regarding the trials for the 231 demonstrators arrested May 8, on the steps of Old Capitol. The article mentioned that five months had passed, and the city still is trying to determine how to handle the trials. The article stated that "the city has no plans to drop charges against them at this time."
The fact that the decision to drop charges rests with the city, when the original charges for arrest were made by President Boyd, seems strange. It is, however, only the final scene in one of the greatest "buck-passing" acts since the Nuremburg Trials.
The drama begins with the demonstration Thursday, May 7, in the Pentacrest. After futile attempts to blockade the Clinton Street/Iowa Avenue intersection and to 'take' Jessup Hall, an unidentified voice cried out "Let's take the Old Capitol". With this, 12 (as reported by students at the scene), 20 (as reported by the Cedar Rapids Gazette), 30 (as reported by the Des Moines Register), or 50 (as reported by the Daily Iowan) students smashed a window and broke into Old Capitol. After doing $800 worth of damage, which included smashing in the face of a portrait of former university president, Oliver M. Spencer, the group left. They became lost in the crowd of students, who had begun to gather on the steps and on the sidewalk in front of the building. Three students however, entered the building and refused to leave. A short time later the police arrived with City Manager, Frank Smiley, to arrest the three.
But they were not arrested then. An agreement was reached between Smiley and the demonstrators. The three would be released on the condition that the demonstrators remain peacefully on the steps and the sidewalk in front of Old Capitol and stay out of the building. The demonstrators agreed. The three students wre released and left the building. This was at 10:45 p.m.
At 1:22 a.m., Captain Lyle Dickson of the Highway Patrol, was reading an injunction, drawn up the day before by President Boyd, to be used against students involved in "violent or disruptive violations of university regulations." He read it so the students, who had been peacefully sitting on the steps for the past three hours, would know why they were being arrested. I remember the speech vividly, for I was sitting on the steps of Old Capitol at the time.
The reading was punctuated with words like 'felony' and 'six months in jail'. Besides these words, Captain Dickson added that the arrest was not his idea. The order had come from President Boyd, who from his vantage point in Des Moines, feared we were 'endangering human life' by our presence on the Old Capitol steps. Captain Dickson was only following orders. We were arrested at 2:20 a.m.
On the afternoon of May 8, President Boyd, in his famous "unfortunate incident" speech, stated that the second group of persons occupying Old Capitol was removed". He had been given "faulty information", by a source he no longer remembered. Boyd added that his representatives at the scene (Ray Heffner, Iowa University Provost, being the main one) "were free to rescind it (the order to have the area cleared)."
Boyd added, however, that there was "a point when a specific course of action had been decided upon the order to the patrol to clear the area then became irreversable". When asked when this "irreversable point" was, Boyd replied, "When the patrol moved onto the Pentacrest they (Heffner and the others) were unable to reverse that action".
The last group left the building at 10:45 p.m. The arrests were made at 2:20 a.m. Why in all that time wasn't the order rescinded? Perhaps Heffner was unaware that the building was no longer occupied? When asked about this he stated that "of course" he was aware there were no demonstrators occupying Old Capitol at the time the arrests were made. When asked why the order wasn't reversed he replied, "I can answer no further questions". 
Meanwhile, back at the jail, we learned of Boyd's speech. We wondered why, if he considered the whole thing an "unfortunate incident" he didn't drop the charges. We learned from our jailers that it was not up to Boyd to drop the charges, but the city. The city that was only following Boyd's orders, who was "misinformed" but knew Heffner, who could "answer no further questions" as to why the orders weren't rescinded, could have rescinded the orders.
Caught in this circle, along with 231 demonstrators, is a considerable amount of bail money. The Register's October 6 article erroneously states that each demonstrator paid $30 in bail, the normal rate for the misdemeanor "disorderly conduct". (Step-sitting is not a felony).
I, however, have a "Police Court Appearance Bond" which states that "I, Loretta Piacenza on the date above written (May 8, 1970) having been charged with the offense of disorderly . . . . and I hereby deposit the sum of $100 for my bail . . . ." There are 230 more just like it, which comes to a total of $23,100. Much of this bail money was paid by Iowa City businessmen, who like President Boyd, agreed that the mass arrest was an "unfortunate incident". Unlike Boyd, however, they chose to do something more constructive than make a speech.
This then was the drama of "buck-passing". Because of it, 23,100 bucks have been tied up for five months, with the city still trying to 'determine how to handle the trials'. Yeah, an 'unfortunate incident'!

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A view from the steps—Demonstration cases still pending By Lorrie Piacenza Recently, an article appeared on the front page of the Des Moines Register regarding the trials for the 231 demonstrators arrested May 8, on the steps of Old Capitol. The article mentioned that five months had passed, and the city still is trying to determine how to handle the trials. The article stated that "the city has no plans to drop charges against them at this time." The fact that the decision to drop charges rests with the city, when the original charges for arrest were made by President Boyd, seems strange. It is, however, only the final scene in one of the greatest "buck-passing" acts since the Nuremburg Trials. The drama begins with the demonstration Thursday, May 7, in the Pentacrest. After futile attempts to blockade the Clinton Street/Iowa Avenue intersection and to 'take' Jessup Hall, an unidentified voice cried out "Let's take the Old Capitol". With this, 12 (as reported by students at the scene), 20 (as reported by the Cedar Rapids Gazette), 30 (as reported by the Des Moines Register), or 50 (as reported by the Daily Iowan) students smashed a window and broke into Old Capitol. After doing $800 worth of damage, which included smashing in the face of a portrait of former university president, Oliver M. Spencer, the group left. They became lost in the crowd of students, who had begun to gather on the steps and on the sidewalk in front of the building. Three students however, entered the building and refused to leave. A short time later the police arrived with City Manager, Frank Smiley, to arrest the three. But they were not arrested then. An agreement was reached between Smiley and the demonstrators. The three would be released on the condition that the demonstrators remain peacefully on the steps and the sidewalk in front of Old Capitol and stay out of the building. The demonstrators agreed. The three students wre released and left the building. This was at 10:45 p.m. At 1:22 a.m., Captain Lyle Dickson of the Highway Patrol, was reading an injunction, drawn up the day before by President Boyd, to be used against students involved in "violent or disruptive violations of university regulations." He read it so the students, who had been peacefully sitting on the steps for the past three hours, would know why they were being arrested. I remember the speech vividly, for I was sitting on the steps of Old Capitol at the time. The reading was punctuated with words like 'felony' and 'six months in jail'. Besides these words, Captain Dickson added that the arrest was not his idea. The order had come from President Boyd, who from his vantage point in Des Moines, feared we were 'endangering human life' by our presence on the Old Capitol steps. Captain Dickson was only following orders. We were arrested at 2:20 a.m. On the afternoon of May 8, President Boyd, in his famous "unfortunate incident" speech, stated that the second group of persons occupying Old Capitol was removed". He had been given "faulty information", by a source he no longer remembered. Boyd added that his representatives at the scene (Ray Heffner, Iowa University Provost, being the main one) "were free to rescind it (the order to have the area cleared)." Boyd added, however, that there was "a point when a specific course of action had been decided upon the order to the patrol to clear the area then became irreversable". When asked when this "irreversable point" was, Boyd replied, "When the patrol moved onto the Pentacrest they (Heffner and the others) were unable to reverse that action". The last group left the building at 10:45 p.m. The arrests were made at 2:20 a.m. Why in all that time wasn't the order rescinded? Perhaps Heffner was unaware that the building was no longer occupied? When asked about this he stated that "of course" he was aware there were no demonstrators occupying Old Capitol at the time the arrests were made. When asked why the order wasn't reversed he replied, "I can answer no further questions". Meanwhile, back at the jail, we learned of Boyd's speech. We wondered why, if he considered the whole thing an "unfortunate incident" he didn't drop the charges. We learned from our jailers that it was not up to Boyd to drop the charges, but the city. The city that was only following Boyd's orders, who was "misinformed" but knew Heffner, who could "answer no further questions" as to why the orders weren't rescinded, could have rescinded the orders. Caught in this circle, along with 231 demonstrators, is a considerable amount of bail money. The Register's October 6 article erroneously states that each demonstrator paid $30 in bail, the normal rate for the misdemeanor "disorderly conduct". (Step-sitting is not a felony). I, however, have a "Police Court Appearance Bond" which states that "I, Loretta Piacenza on the date above written (May 8, 1970) having been charged with the offense of disorderly . . . . and I hereby deposit the sum of $100 for my bail . . . ." There are 230 more just like it, which comes to a total of $23,100. Much of this bail money was paid by Iowa City businessmen, who like President Boyd, agreed that the mass arrest was an "unfortunate incident". Unlike Boyd, however, they chose to do something more constructive than make a speech. This then was the drama of "buck-passing". Because of it, 23,100 bucks have been tied up for five months, with the city still trying to 'determine how to handle the trials'. Yeah, an 'unfortunate incident'!