Trials: Disorder in the Court

Hefty U.S. marshals guarded the entrances to Chicago’s Federal Building, searching every package carried in and jostling anyone who did not move quickly enough toward the elevators. Other officers patrolled the aisles on the 23rd-floor courtroom. The black defendant sat chained to his chair by leg irons and handcuffs, emitting muffled obscenities toward the bench through a gag of muslin and tape. The jack-in-the-box jury scurried in and out of the chamber at the judge’s direction, as outburst after outburst turned the proceedings into a bitter farce.

Dr. Benjamin Spock dropped by, but District Court Judge Julius Hoffman declined an invitation to meet him. “My children have grown,” deadpanned Hoffman. Sometimes part of the gallery was packed with Black Panthers shouting “Right on!” in support of their gagged, chained chief, Bobby Scale. When the Panthers left, their places were promptly taken by silent old men wearing tiny paper American flags in their lapels.

None Rise. Despite the nightmare setting, this was no play by Jean Genet. It was, in fact, the deadly serious trial of eight radicals charged with conspiring to incite the riots that occurred during the Democratic Convention in Chicago last year. Convinced that they will be convicted, the defendants deliberately defied normal courtroom etiquette. All refused on at least one occasion to rise when Hoffman left the court, and several addressed the court at will. They claim not to be looking beyond the present trial, but much of their high jinks seems aimed at laying the basis for future appeals or having a mistrial declared. Their tactics are identical to those used on the streets during the convention riots; they seek to provoke Hoffman in the same way that demonstrators baited Chicago police into overreaction.

Ringleader in the disruptions was Defendant Seale. Since the trial began six weeks ago, he has consistently demanded his right to cross-examine witnesses. He contends that he is without legal counsel because his preferred attorney is recovering from an operation. Hoffman argued that Seale is adequately represented by William Kunstler, a lawyer for the other seven defendants, who earlier had filed as Seale’s counsel.

The dispute has led to repeated attempts by Seale to address the court and Government witnesses. He has hurled such epithets as “pig,” “racist” and “fascist” at Judge Hoffman. At one point, the judge said: “I admonish you, sir, that you have a lot of contemptuous conduct.” Seale rejoined: “Let me admonish you for being in contempt of the people’s constitutional rights.” Hoff man then warned Seale that the court had the authority to chain and gag him. “Gagged!” Seale replied. “I’m already railroaded.” Finally, at midweek, Hoffman had had enough and ordered Seale restrained with handcuffs, leg irons and a gag.

At one point, Seale worked the tape loose enough to resume his demands. More securely taped, he issued muffled “oinks” at Hoffman. After leather straps replaced the chains, Seale managed to squirm free. He and his codefendant. Jerry Rubin, a founder of the Youth International Party (Yippies), scuffled with U.S. marshals. In the ensuing melee, Rubin claimed that a marshal “just hit Bobby in the mouth with his elbow.” Seale called one officer a “rotten, low-life son of a bitch.” Hoffman excused the jury. Kunstler called for a halt to “this medieval torture” and declared that “I feel so utterly ashamed to be an American lawyer at this time.”

Provocateur’s Zeal. Almost lost in the shouting was the testimony of a key Government witness, William Frapolly. As an undercover Chicago police agent, Frapolly, 22, penetrated the top ranks of the National Mobilization Committee to End the War in Viet Nam, which coordinated the activities of the demonstrators. In the days before the riots, he testified, he heard Defendant John Froines, a chemistry professor at the University of Oregon, urging small groups of demonstrators to embark on window-breaking forays throughout Chicago’s Old Town. He charged that Froines examined and approved samples of “guerrilla nails,” twisted spikes designed to blow out tires or impale pedestrians, and nail-studded Styrofoam balls to throw at police. Frapolly also said that it was Froines who shopped for the odoriferous hair remover and butyric acid that were the ingredients for the demonstrators’ stink bombs.

While Frapolly’s testimony seemed to be the most damaging offered by any prosecution witness, cross-examination revealed that he had taken to his mission with a provocateur’s zeal. Frapolly admitted that he had suggested, at a pre-convention meeting, that the demonstrators use grappling hooks to attack military vehicles bearing barbed wire. A former student at Northeastern Illinois State College, Frapolly continued his undercover role; he was arrested last spring for participating in a sit-in and was expelled last September for taking part in an attack on the school president, Jerome Sachs. Frapolly’s final fling in the protest movement came during last month’s SDS demonstrations in downtown Chicago.

At week’s end, the Government seemed close to resting its case. Undoubtedly, further furor will envelop the court, spurred by Judge Hoffman’s harsh handling of the defense. He has repeatedly denied defense motions, including a pre-trial request for a ruling on the legality of the Government’s wiretaps on some of the accused. At another point, Hoffman refused to accept a defense motion because it had not been filed 24 hours in advance, as required by court rules. The same afternoon, he accepted a new prosecution motion submitting additional wiretap evidence. The judge also threatened to revoke some of the defendants’ bail privileges. This move would have stopped trips such as the one Rubin and co-defendant Abbie Hoffman made to Washington to announce plans for a Nov. 15 march on the Justice Department. But Judge Hoffman is determined not to let his courtroom degenerate into greater disorder, and maintains that he was correct in binding Seale. Said Hoffman: “It’s the first time I’ve seen it happen, but it’s also the first time I’ve been called a ‘pig.’ “