Chicago 7 Trial(英)

, the "Gags and Shackles Phase," lasted from October 14 to November 5. This phase by the defendants seeking to emphasize political issues in the trial, perhaps because they were concerned that t

he trial was being seen by their sympathizers as a mere joke. Also during this phase, Black Panther defendant Bobby Seale continuously, and in increasingly angry tones, insisted upon his right either to represent himself or to have the trial continued until his own counsel of choice, Charles Garry (who was hospitalized for gall bladder surgery), could represent him. Seale hurled frequent and bitter attacks at Judge Hoffman, calling him a "fascist dog," a "pig," and a "racist," among other things. On October 29, the outraged judge ordered Seale bound and gagged. Finally, on November 5, Hoffman severed Seale from the case and sentenced him to four years in prison for contempt. The Chicago Eight suddenly became the Chicago Seven. Phase three, lasting from November 6 to December 10, was called by Lukas "Government's Day in Court." It was a relatively calm period with only nine contempts, as the defendants saw in a surprisingly weak prosecution case the opportunity for at least a hung jury if they could "cool it" and avoid turning the jury against them. Phase four, from December 11 to January 22 was the "Sing Along with Phil and Judy Phase." This was the phase in which the defense presented its witnesses, a virtual "who's who" of the American left from the guru of the drug culture Timothy Leary to radical poet Allen Ginsberg to folk singers Phil Ochs, Arlo Guthrie, "Country Joe" McDonald, Pete Seeger and Judy Collins. The final phase of the trial, from January 23 to February 7, Lukas called the "Barnyard Epithet Phase." It was a two-week period marked by increasingly bitter outbursts by the defendants and their attorneys, and by almost irrational overreactions by Judge Hoffman. Forty-eight contempts came in this shortest of the five trial phases.

　　The heart of the government's case was presented through the testimony of three undercover agents who had infiltrated radical ranks, Irwin Bock, William Frappolly, and Robert Pierson. Pierson landed a job as Rublin's "bodyguard," while Bock and Frappolly maneuvered their way into leadership positions in "Vets for Peace" and the S. D. S. (Students for a Democratic society). The undercover witnesses described plots to disrupt traffic, takeover hotels, "sabotage" restrooms, and other "hit-and-run guerilla tactics." The government's case was aided substantially by Judge Hoffman who consistently ruled in favor of the prosecution on evidentiary disputes. For example, Hoffman allowed the government to introduce speeches of the defendants made well before their arrival in Chicago when they tended to support the government's case, but ruled that the defense could not introduce (because they were "self-serving") pre-Convention documents that suggested peaceable intentions. Throughout the presentation of the government's case, Thomas Foran played the straight man, while his younger associate, Richard Shultz, expressed outrage at defense behavior and——whenever the opportunity arose——went for the jugular. J. Anthony Lukas marveled that "Shultz could have made the first robin of spring sound like a plot by the Audobon Society."

　　The defense through its witnesses tried to portray the defendants as committed idealists who reacted spontaneously to escalating police violence. It suggested that what the prosecution saw as dangerous plots, such as an alleged Yippie conspiracy to place LSD in the Chicago water supply, were only play. The defense also attempted, without much success because of Judge Hoffman's rulings excluding such testimony, to make the Viet Nam War an issue in the trial. The defense countered the prosecution's attempt to prove a conspiracy with evidence that the alleged conspirators never met as a group——and would have agreed upon little if they had. Defense witness Norman Mailer probably made the point best when he said, "Left-wingers are incapable of conspiracy because they're all egomaniacs." Abbie Hoffman made the same point more colorfully when he said, "Conspiracy? He

ll, we couldn't agree on lunch."

　　The jury had scarcely begun its deliberations in the Chicago Conspiracy Trial when Judge Hoffman began sentencing each of the defendants and the two defense attorneys, William Kunstler and Leonard Weinglass, to lengthy prison terms on 159 specifications for criminal contempt. The specifications ranged from minor acts of disrespect (such as not standing for the judge) to playful acts (such as baring rib cages or blowing kisses to the jury) to insulting or questioning the integrity of the court ("liar," "hypocrite," and "fascist dog"). William Kunstler, who seemingly became a radicalized brother of his clients over the course of the trial, was sentenced by Hoffman to four years and thirteen days in jail. One specification for Kunstler concerned an incident on February 3 when he said "I am going to turn back to my seat with the realization that everything I have learned throughout my life has come to naught, that there is no meaning in this court, there is no law in this court." The Seventh Circuit Court of Appeals later reversed all contempt convictions, ruling that contempt convictions resulting in more than six months in prison require jury trials.

　　The jury initially split, with eight jurors voting to convict defendants on both the conspiracy and intent to incite riot charges and four jurors voting to acquit on all charges. Foreman Edward Kratzke handed a hung-jury message to the marshal to take to Judge Hoffman. The judge's response: "Keep deliberating!" Juror Kay Richards finally brokered a compromise between the two jury factions. In the end, jurors acquitted all defendants on the conspiracy charge, while finding the five defendants charged with having an intent to incite a riot while crossing state lines guilty. The jury acquitted Froines and Weiner of the charge of teaching and demonstrating the use of an incendiary device.

　　On February 20, 1970, Judge Hoffman sentenced the five members of the Chicago Seven found guilty by the jury. Each defendant made a statement before sentence was imposed. David Dellinger told Hoffman that he was "a man who had too much power over too many people for too many years," but that he admired his "spunk." Rennie Davis announced that when he got out of prison he intended to "move next door to [prosecutor] Tom Foran, and bring his sons and daughter into the revolution." Tom Hayden offered the opinion that "we would hardly have been notorious characters if they left us alone on the streets of Chicago," but instead "we became the architects, the masterminds, and the geniuses of a conspiracy to overthrow the government—— we were invented." Abbie Hoffman recommended that the judge try LSD: "I know a good dealer in Florida [where the judge was soon to head for a vacation]; I could fix you up." Jerry Rubin offered the judge a copy of his new book Do It! with an inscription inside: "Julius, you radicalized more young people than we ever could. You're the country's top Yippie." After listening to each defendant give his statement, Judge Hoffman sentenced each defendant to five years' imprisonment plus a $5,000 fine.

　　The Seventh Circuit Court of Appeals reversed all convictions on November 21, 1972. The appellate court based its decision on the refusal to allow inquiry into the cultural biases of potential jurors during voir dire as well as Judge Hoffman's "deprecatory and often antagonistic attitude toward the defense." The court also noted that it was determined after appellate argument that the F. B. I, with the knowledge and complicity of Judge Hoffman and prosecutors, had bugged the offices of the Chicago defense attorneys. The Court of Appeals panel said that it had "little doubt but that the wrongdoing of F. B. I. agents would have required reversal of the convictions on the substantive charges."

　　All seven Chicago police officers charged with violating the civil rights of demonstrators were acquitted. Charges again

st an eighth officer were dismissed. Richard Shultz explained the verdicts by observing, "The people who sit on juries in this city are just not ready to convict a Chicago policeman."

　　There is no simple "yes" or "no" answer to the question of whether the Chicago defendants intended to incite a riot in Chicago in 1968. Abbie Hoffman said, "I don't know whether I'm innocent or I'm guilty." The reason for the confusion——as Norman Mailer pointed out——was that the alleged conspirators "understood that you didn't have to attack the fortress anymore." All they had to do was "surround it, make faces at the people inside and let them have nervous breakdowns and destroy themselves.

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