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Archive for the ‘Emily Kunstler’ Category

May 17, 2016 A college essay written by Kimberly March

DSC00159When I first chose to write this paper on Laurel Krause, I was expecting it to be just like any other short research paper on a human being. Read up on their accomplishments, read some interviews, look up different articles, et cetera, et cetera. Little did I know that I would have the wonderful opportunity to sit down and have a phone conversation with Laurel herself. It was a quiet Sunday afternoon on May 1st when I decided to make the call – I had been mulling over the decision as to when to call since hearing back from Laurel. I was extremely nervous to call and make a fool of myself.

Laurel Krause is the younger sister of Allison Krause, one of the young college students killed in the 1970 shooting at Kent State University. The massacre, performed by National Guardsmen, occurred at an anti-war protest held on campus soon after President Nixon announced the expansion of the Vietnam War into Cambodia. It is still, to this day, unconfirmed who gave the orders for the Guardsmen to shoot at the unarmed students, or if there was an order at all. No charges were brought upon anybody, nobody took responsibility, and nobody ever apologized for the tragedy. Arthur Krause, Laurel and Allison’s father, continued fighting for more information for the rest of his life, filing lawsuit after lawsuits all the way to the Supreme Court. The immeasurable trauma thrust upon the Krause family and the friends and family of all involved in the shooting was never resolved or given any type of closure.

However, I do not want to spend this entire paper focusing on the horrific things that happened because of the Kent State shootings. I want to focus on Laurel Krause, a peace-seeker/creator, activist, and friend. My first impression of Laurel was how humble she is – she was shocked that I chose her to write my paper about. I had no idea what to expect, and I could not have been more relieved to find that I was talking to a real person on the other end of the phone. One thing that she said to me during our two-hour conversation that eased my nerves was, “My name Laurel and I’m not a ma’am. I’m an anarchist trained by Howard Zinn and sister of Allison, but I am very much a, y’know, a human being and I’m right at the same place-level that you’re at. And I absolutely want to be that way.”

Laurel and I talked about a slew of different topics. The main topics I want to focus on are the overall idea of creating our own peace and the Allison Center for Peace, located on the Mendocino Coast in California. We talked about the government and how they have formed our society into a society that has lost hope. “Our world is a traumatized world…How is it serving them that we don’t heal this wound?” There have been so many government-led tragedies – the shootings at Kent State and Jackson State are only two. Laurel says, “I think the strongest card we’ve got is to actually live happily in peace. And let’s just get on with it.” The government will not give us the power to be able to foresee ourselves living happily. They will not allow us to heal the wounds of trauma that they have inflicted, because as soon as they do, they have lost some of the control they worked so hard to build. We then began talking about the Allison Center for Peace. This will be a peace destination – the Mendocino Coast location hopefully being one of the many across the nation in the future. A “peace capital”, of sorts, where the business of peace is examined and safe renewable resources and low radiation organic farming are present. Laurel graciously invited me to come out and visit the Center someday if I have the means, and I certainly intend on taking her up on that.

Laurel, along with the help of her co-founder Emily Aigner Kunstler and the rest of the dedicated team, started up the Kent State Truth Tribunal in 2010. “The Krause family founded the Kent State Truth Tribunal in order to reveal the truth and establish a clear and correct historical record from the collective voices of Kent State (TruthTribunal.org). The Tribunal is comprised of almost one hundred interviews with family, friends, survivors, and witnesses of the Kent State shootings, which will all be archived and available to be streamed on the Truth Tribunal website. Laurel told me that she has come to terms with the fact that she will not see justice for Allison in her lifetime – “I’m not a fool.” However, because she has documented everything, it will all be available for them when it is deemed relevant again.

There were indeed some deep conversation topics, but there were a lot of laughs and coinciding opinions and feelings of peace and happiness. Laurel and I had a great time speaking of the Goddess emerging and peace being possible if we find our own peace. We spoke of buffoons in politics and Howard Zinn coming through her in our conversation with positivity and light. I look forward to my next correspondence or phone conversation with Laurel, for I feel I have gained a wonderful new friend. It was refreshing to have a long-winded conversation with somebody as an equal on a level playing field. Although my instincts and respectful reflex will urge me to call Laurel ma’am the next time we speak, I will definitely make sure that I do not.

I close this piece with an uplifting point. “Change must come from the young people.” If young people in my generation do not speak up against the man and demand a better, more peaceful tomorrow, we will not get it. On the flip side, that means that as young people in this country and world, we have the power to make a difference. We have the power to mold our future. The government is not going to simply give us the peace and happiness that we want – so let’s create it. Let’s heal the trauma that has been inflicted on us and move on together. We have the means and we have each other. It is time that we take what is rightfully ours. It is time for peace.

References

“Laurel Krause.” Telephone interview. 1 May 2016.

“About Section.” Kent State Truth Tribunal. Web. 3 May 2016.

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Dean Kahler Speaking to News MediaPlease READ the attached Settlement Statement by the Kent State University Students Wounded and by the Parents of the Students Killed on May 4, 1970 in Cleveland, Ohio offered and signed on January 4, 1979. StatementOfKentStateFamilies


Contents of Kent State Massacre Civil Settlement Statement:

A STATEMENT BY

THE STUDENTS WOUNDED AND BY THE PARENTS OF THE

STUDENTS KILLED AT KENT STATE UNIVERSITY ON

MAY 4, 1970

in

Cleveland, Ohio

January 4, 1979

A settlement of the Kent State civil suit has been reached out of court in an agreement mediated by Federal Judge William Thomas, and for this we are grateful.

The settlement provides for the payment of $675,000 in damages by the State of Ohio and for a signed statement of regret and intentions by Governor James A. Rhodes, Generals Del Corso and Canterbury, and officers and men of the Ohio National Guard.

We, as families of the victims of the shootings by the Ohio National Guard at Kent State University, May 4, 1970, wish to interpret what we believe to be the significance of this settlement.

We accepted the settlement out of court, but negotiated by the court, because we determined that it accomplished the greatest extent possible under present law, the objectives toward which we as families have struggled during the past eight years. These objectives have been as follows:

  1. Insofar as possible, to hold the State of Ohio accountable for the actions of the officials and agents in the event of May 4, 1970 at Kent State University,
  2. To demonstrate that the excessive use of force by the agents of government would be met by a formidable citizen challenge,
  3. To exhaustively utilize the judicial system in the United States and demonstrate to an understandably skeptical generation that the system can work,
  4. To assert that the human rights of American citizens, particularly those citizens in dissent of government policies, must be effected and protected,
  5. To obtain sufficient financial support for Mr. Dean Kahler, one of the victims of the shooting, that he may have a modicum of security as he spends the rese of his life in a wheelchair.

The State of Ohio although protected by the doctrine of sovereign immunity and consequently not legally responsible in a technical sense, has now recognized its responsibility by paying a substantial amount of money in damages for the injuries and deaths caused by the shooting.

State officials, national guard command officers, and guardsmen have signed a statement submitted to the families of the victims of the shooting which not only expresses request and sorrow — eight years belatedly — but also recognizes that another method than the use of loaded combat rifles could have resolved the confrontation at Kent State University. The statement also asserts that better ways must be found for future confrontations which may take place.

The Scranton Commission which investigated campus disorders in the Summer of 1970 said that the Kent State Shooting was, “unnecessary, unwarranted, and inexcusable.” The signed statement of the officials and the guardsmen at least now agrees that the shooting and killing was unnecessary, and now at least, the State of Ohio has assumed responsibility for the act.

We recognize that many others related to the May 4th event have also suffered during the past eight years – including Kent State University students, faculty and administrators, as well as Ohio National Guardsmen and their families. Indeed, we believe that some of the guardsmen on Blanket Hill on that fateful day also became victims of an Ohio National Guard policy which sent them into a potential citizen confrontation with loaded combat rifles. We did not want those individual guardsmen to be personally liable for the actions of others and the policy of a governmental agency under whose orders they served.

Yet the doctrine of sovereign immunity which protects the State of Ohio from being sued without its permission, made it necessary for us to take individuals to court. Only then did the State respond — furnishing more than two million dollars for the legal costs of the defense of officials and guardsmen and finally being willing to pay costs and damages of the victims of the shooting.

We want to thank those that sustained us in our long struggle for an expression of justice. More than 40,000 individuals made contributions of money for our legal costs, students and faculty members on many campuses, but particularly at Kent State University have furnished us effective support. The American Civil Liberties and its volunteer attorneys — as well as many other lawyers — have skillfully and devotedly served us throughout these years. The Board of Church and Society of the United Methodist Church has faithfully supported and coordinated our struggle from the beginning. We are grateful to all of them.

Because of the experience that we have had during the past eight and one-half years, there are other words, which we are compelled to speak. We have become convinced that the issue of the excessive use of force — or the use of deadly force — by law enforcement agencies or by those acting with the authority of law enforcement agencies, is a critical national issue to which the attention of the American people must be drawn.

President Carter, on December 6, 1978, in his speech on the Thirtieth Anniversary of the Universal Declaration of Human Rights, said, “Of all human rights, the most basic is to be free of arbitrary violence . . .” He then noted that citizens should have the right to be free of violence which comes from governments.

We deplore violence in every form for any cause and from every source. Yet we believe the average American is little aware of the official violence which has been used across our land indiscriminately and unjustifiably. Twenty-eight students have been killed on campuses in the past ten years. A long but unnumbered list of residents in minority communities have been killed by police unnecessarily.

We find it significant that just a few weeks ago the United States Commission on Civil Rights held a consultation in Washington, D.C. on, “Police Practices and the Preservation of Civil Rights” in preparation for the conducting of hearings on the use of deadly force in selected cities. That is the issue with which we have had to be concerned. I tis an issue with which a growing number of citizens are becoming concerned.

Through our long legal and political struggle we have become convinced that the present federal law which protects citizens from the deprivation of their civil rights by law enforcement agencies or those acting with their authority, is weak and inadequate. It is a provision which is little used — but when it is used, it has little use. A citizen may be killed by those acting under the color of Law almost with impunity. The families of the victim of those shootings or killings have little recourse and then only through an expensive and lengthy process.

We believe that citizens and law enforcement must, in the words of the signed statement of the settlement, find better ways. We appeal for those better ways to be used not only on campuses but in cities and communities across the land. We plead for a federal law which will compel the consideration and use of those better ways.

We are simply average citizens who have attempted to be loyal to our country and constructive and responsible in our actions, but we have not had an average experience. We have learned through a tragic event that loyalty to our nation and it’s principles sometimes requires resistence to our government and its policies — a lesson many young people, including the children of some of us, had learned earlier. That has been our struggle — for others this struggle goes on. We will try to support them.

For Allison, Sandra, Jeffrey and William
For Peace and Justice
Shalom

Mr. and Mrs. Arthur Krause
Mr. and Mrs. Louis Schroeder
Mr. and Mrs. Martin Scheuer
Mr. and Mrs. Arthur Holstein
Mr. Dean Kahler
Mr. Joseph Lewis
Mr. Alan Canfora
Mr. John R. Cleary
Mr. Donald Scott MacKenzie
Mr. Douglas Wrentmore
Mr. Thomas M. Grace
Mr. James Russell
Mr. Robert Stamps

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May 4, 2014 by Julie Segraves, Examiner.com

Forty-four years ago today, on the college campus of Kent State in Ohio, four students were killed with rifle fire from the Ohio National Guard while protesting America’s expansion of the Vietnam War into Cambodia. Ten days after Kent State, two students, James Earl Green and Phillip Lafayette Gibbs, were killed on the campus of Jackson State University by the Mississippi State Police, also for protesting the Vietnam War.

Four years after the tragic event in Ohio, eight of the Guardsmen were indicted by a grand jury for willfully violating the rights of the dead and wounded students, but the charges were dismissed because the judge said the government failed to prove its case. In 1979, each family received $15,000 and a Statement of Regret from the United States government for what happened that day, but no one was held accountable for the deaths of four students on their college campus and no apology was ever offered.

Though the United States government held hearings on the matter and determined that the Guardsmen opened fire after being spooked by what they believed was sniper fire, a copy of a tape recorded at the scene and digitized several years ago revealed that the Guard was ordered to shoot. The FBI destroyed the original recording and the Justice Department refused to reopen the case upon being informed of the new evidence.

To date, no one has been held responsible for the killing of Allison Krause, Jeffrey Miller, Sandra Scheuer and William Knox Schroeder, but this year that may change.

The family of Allison Krause and Emily Kunstler, daughter of William Kunstler who defended the Chicago Seven, established the Kent State Truth Tribunal in 2010 in light of the new evidence in the form of the digitized audio tape.

On March 14, 2014, Krause’s sister Laurel, appeared before the United Nations Human Rights Committee in its 4th Periodic Review in Geneva, Switzerland. The United States was represented by Roy L. Austin, Jr, the Deputy Assistant Attorney General for the Civil Rights.

Krause requested an “independent, impartial investigation into the May 4 Kent State massacre (Article 2 (Right to remedy); Article 6 (Right to life); Article 19 (Right to freedom of expression); Article 21 (Right to peaceful assembly)).”

The Tribunal’s submission in 2013, that led to their invitation to the 4th Periodic Review, made clear that it believes that “Failure to ensure justice and accountability for the Kent State massacre has set a precedent that the U.S. can continue to harass, abuse, and even kill protestors.”

It cites as justification for this statement that “suppression of peaceful assembly continues today. Since the Occupy movement began in 2011, protestors have been labeled as domestic terrorists by the F.B.I. and have been arrested in massive numbers for peaceful protests and assemblies.”

In an email, Krause related that at the UNHRC hearing, Roy L. Austin, Jr, referred to the deaths of the students as “murder.” Krause says she will be following up with Austin and copying the UN on all correspondence.

She is also planning to request a UN special rapporteur in extrajudicial killings.

The United States government is required, in the next year, to answer to the charges made by the Kent State Truth Tribunal. Perhaps by the next anniversary of this sorry date in American history, the families will have received justice.

For the four Kent State students, however, they found the cost of freedom, and the price was their lives.

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PAT LaMARCHE, May 6, 2013

kentstatefour

Editors Note: On October 10, 2013, the US Delegation to the United Nations Human Rights Committee requested a postponement due to the partial US Government shutdown. The US postponement request was for the United States 4th Periodic Review and the UN Human Rights Committee Secretariat agreed to the request, setting a new date for the US 4th Periodic Review in March 2014, with the exact dates to be determined. News response to the US postponement ~ http://bit.ly/H4M6qD

Gwen Ifell and Oliver Stone were at Kent State this weekend to commemorate the May 4, 1970 shootings at the university that claimed four lives and wounded nine people. The celebrities will share their thoughts on what happened 43 years ago as the university dedicates its new May 4 visitor center. Among the visitors who dropped by to hear them speak and scrutinize the new center was Laurel Krause, sister of Allison Krause, the 19-year-old freshman honor student, who was killed that day by members of the Ohio National Guard. The soldiers shot her where she stood — 343 feet from away from them on the campus lawn.

What was the climate like the day Allison and the others were shot?

Well, aside from the fact that it was the first beautiful day after weeks of rain, the political climate was anything but clearing. Just four days earlier President Richard Nixon announced the U.S. invasion of Cambodia. He struggled to justify his decision to further escalate the conflict in south east Asia even as he worked to conceal the fact that he had authorized the illegal bombing of Cambodia for more than a year.

Domestically the clouds were gathering as well. Two years and one month earlier, Martin Luther King, Jr., had been assassinated after turning his attention on the evils he perceived were associated with the Vietnam War. His voice had added to the growing number of young voices speaking out across the nation calling for an end to the war and an elimination of military conscription, better known as the draft

FBI director J. Edgar Hoover had compiled surveillance tapes and documents on everyone from the Kennedy family to MLK, Jr. and while his top secret files were destroyed upon his death, there is no reason to believe he did not run a series of intelligence programs based at monitoring and curtailing the efforts of young people on campuses all across the nation who he felt “seek to destroy our society.”

For these and other reasons, Laurel Krause and her organization, The Kent State Truth Tribunal (KSTT), filed a petition on February 9, 2013, with the United Nations Human Rights Committee (UNHRC), asking them to review their claim that Vietnam War protesters were intentionally targeted by Hoover’s FBI and the Department of Defense. On April 5, the UNHRC agreed to hear the case. http://bit.ly/12r6F68

Laurel and the other members of the KSTT have a lot to say on what they believe has been a 43 year coverup and spin job. From the time headlines broke that called the shooting victims “bums” and portrayed them as an unwashed violent rabble of questionable morality, until this year when the UN became the first governing body willing to dig a little deeper into the official story, Laurel has keenly remembered the details of the day her sister died.

Time will tell what will come of Laurel’s struggle to get justice for her sister and the other victims. And justice for Laurel means that the government will one day acknowledge the truth. Until that day comes and on this anniversary of Allison’s death, it’s illuminating to know exactly how the day unfolded for the rest of the Krause family.

At 12:24 p.m. 28 Ohio National Guard soldiers — after hearing what they later called sniper fire — opened fire on unarmed protesters at Kent State University. Most of the protesters were more than the length of a football field from the soldiers. The soldiers had live rounds in their guns and must have been cautioned that they may need to shoot to kill the college kids.

At about 3:00 p.m. 15-year-old Laurel Krause got off the school bus and started walking to her home. A neighbor ran up to Laurel and told her that the radio had announced that Allison had been hurt in a shooting at Kent State.

Laurel called her mom and dad who were at work.

Laurel’s mom came home and called the Robinson Memorial Hospital in Ravenna, Ohio, and was told over the phone that “she was DOA.” Doris Krause collapsed on the floor.

Laurel’s dad, Arthur Krause, worked as a middle manager for Westinghouse and his co-worker brought him home. Arthur had received a call from his brother saying that the local radio station had announced that Allison was dead. When he arrived home, Doris confirmed it, and the family friend drove them from their home in Pittsburgh, Penn., to the hospital in Ohio.

Laurel recounts that no one from the university or the U.S. government was there to assist them. When the door swung open to the room where Allison lay dead, Laurel could see her sister’s body. When her parents went into the room to identify Allison, Laurel waited in the hall where two armed men wearing no uniforms were standing. One of the men muttered behind her, “They should have shot more.”

These are the memories Laurel Krause has carried 43 years. These are the memories that motivate her to make regular calls to the Department of Justice and ask when her sister’s murder will be investigated and solved. And every time Laurel calls, she is referred to the civil rights department. Laurel says, “She was nothing more than garbage to them. They don’t want to investigate her murder. The DOJ has no department for the killing of students by the government.”

The day after his daughter’s death, Arthur filed a lawsuit he refused to drop regardless of how much money he was offered. Arthur died never receiving the justice he was after. Laurel has continued his fight. She says the battle can get unpleasant but that won’t stop her. She’s not surprised that she hasn’t gotten answers, and she’s not daunted by the obstacles in her way. Laurel says, “Any time the FBI kills a member of your family, they are gonna to be up your ass for the rest of your life.”

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LocustJonesKentState2011Allison Beth Krause, my sister, was one of four students killed in the May 4th Kent State Massacre. On May 4, 1970 joining millions of young Americans, Allison stood for peace and against the Vietnam War. Allison protested against the military occupation of her Kent State University campus. More than 40 years later, emerging evidence indicates Allison was gunned down for taking her peaceful stance against President Nixon’s announcement of the Vietnam War’s Invasion of Cambodia. Kent State was a coup for American masters of war. http://bit.ly/11dOuB0

The Kent State Truth Tribunal (KSTT) was founded in 2010 upon the emergence of new forensic evidence regarding the May 4, 1970 Kent State Massacre. The new evidence consisted of a tape recorded by a Kent State student during the shootings. Though the original tape, known as the Kent State Strubbe tape, was destroyed by the FBI in 1979, a bonafide copy of the tape was located in 2007 and was analyzed in 2010 by internationally accredited forensic expert Stuart Allen. The analysis, derived using state-of-the-art technology not available in prior investigations into Kent State, demonstrated that there was a ‘command to fire’ at the student protesters. Moreover, the enhanced tape identified four pistol shots fired 70 seconds before the command as coming from a FBI informant’s pistol to create the ‘sound of sniper fire.’ Although the U.S. Department of Justice received this new evidence in 2010, the Department refused to examine the tape. http://bit.ly/IOvOO7

Now going on 43 years, truth at Kent State and Jackson State continue to be censored, thwarted and obfuscated. Yet just recently on April 3, 2013, Kent State made it to United Nations, Human Rights Committee in the posting of KSTT’s submission. At the United Nations, every five years participating countries must go before the High Commissioner of the Human Rights Committee to answer submitted questions. On a related note, the UN HRC’s ‘List of Issues’ includes questions on police brutality and excessive use of force. http://bit.ly/WQpjUP

Cycling back to our initial efforts, in May 2010 Emily Kunstler, an award-winning filmmaker and daughter of Bill Kunstler, and I organized a first tribunal of three in Kent, Ohio at the 40th anniversary with a goal to honor, record and preserve truth from Kent State witnesses, participants and those meaningfully-involved. Please WATCH Kent State Truth Tribunal livecasts with 88 KSTT testimonials awaiting final edit and production.

Truths Uncovered by the Kent State Truth Tribunal:

1) Even before President Nixon announced the Cambodian Invasion on April 30, 1970, Ohio National Guardsmen were arriving at Kent State University directly from an Akron wildcat strike, continuing as ‘federalized’ guardsmen at the command of the US federal government.

2) From research on Kent State and Jackson State, we now see they were domestic, stateside military battles planned and orchestrated before the Cambodian Invasion announcement and as part of the overall action to slaughter student anti-war protest yet also bringing the Vietnam War home.

3) As a result of Kent State and Jackson State, American Leadership inoculated more than a generation with post-traumatic stress disorder as young Americans protested the war, experienced the grief of the massacres firsthand, believing ‘it could have been them.’

4) The FBI’s use of snipers in creating violent scenarios against American protesters is still being utilized in 2013, prompting the need for a formal examination of FBI activities, files involving sniper practices and the targeting of American protesters. See Jason Leopold’s article on FOIA FBI files re Occupy. http://bit.ly/RWuIto

5) Kent State was planned, executed & covered-up by American Leadership, also stonewalling every attempt for a credible, independent investigation into May 4th. In 2013 the government-instituted Kent State cover-up remains fully intact.

Yet KSTT efforts to uncover truth at Kent State revved up last summer with an invitation from Project Censored to write a chapter in ‘Censored 2013’ to uncensor the ‘unhistory’ of the Kent State Massacre while also aiming toward justice and healing: Was Kent State About Civil Rights or Murdering Student Protesters? http://bit.ly/RQNUWC

All harmed by Kent State remain thwarted from obtaining access to meaningful redress. Failure to ensure justice and accountability has set a precedent that the U.S. may continue to harass, abuse and even kill protesters. Ten days after Kent State, two Jackson State University students were murdered by state police. American authorities pointed to ‘snipers’ prompting military gunfire at student protesters, just like Kent State. http://bit.ly/UGhRJb

Unfortunately suppression of peaceful assembly in America continues and is growing in brute, violent force. Since the ‘Occupy’ movement began in 2011, protestors have been labeled ‘domestic terrorists’ and arrested in massive numbers for peaceful protests and assemblies. Scott Olsen nearly died protesting at #OccupyOakland.

Until the U.S. conducts a new investigation into the Kent State Massacre, and provides redress for victims and their families, American protesters will be at risk of being deprived of their fundamental rights without accountability. http://bit.ly/10xZebQ

The wrongs of Kent State are still being whitewashed. At Kent State on May 4, 2013, authorities will focus on dedicating a $1.1 million May 4 Visitor Center that does not include the new Kent State evidence, government involvement at May 4th nor any mention of the FBI sniper provocateur, Terry Norman. Organizers have invited Oliver Stone, Bill Ayers, Tom Hayden and many others to ‘dedicate’ a monument to keep the cover-up intact. Truth uncovered by the Kent State Truth Tribunal has found no home in the Visitor Center. http://bit.ly/TzxBdt

Let’s break this miscarriage of justice wide open, especially as America’s might and brute force delivered and condoned in May 1970 is now clearly on the horizon again.

There’s a Chance Peace Will Come http://bit.ly/10FzDOa

On May 3, 1970 Allison Krause offered, “What’s the matter with peace? Flowers are better than bullets.”

Kent State Truth Tribunal
http://TruthTribunal.org/
on facebook http://facebook.com/KentStateTruthtribunal

Artwork: Dark Silence in Suburbia by Locust Jones. Kent State, 2011 Ink on paper, 200 x 140 cm, shared from http://bit.ly/UijBoU

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4BumsKilled

Editors Note: On October 10, 2013, the US Delegation to the United Nations Human Rights Committee requested a postponement due to the US Government shutdown. The US postponement request set the new date for the US 4th Periodic Review on March 13/14, 2014. News response to the US postponement ~ http://bit.ly/H4M6qD

On April 3, 2013 Kent State Truth Tribunal’s submission to the United Nations was posted online at the UN Human Rights Committee website, including questions related to the the United States’ refusal to open a credible, independent investigation of the Kent State new evidence.  KSTT U.N. Submisstion

UNITED NATIONS NEWS: The United Nations Office of the High Commissioner, Human Rights Committee released their ‘List of Issues’ to be asked of the United States regarding American Leadership’s human rights record. On March 13 and 14, 2014, the United States will participate in its 4th Periodic Review before the UN Human Rights Committee.

The Human Rights Committee ‘List of Issues’ does include broad language inquiring about measures taken by American leadership to address police brutality and excessive use of force, which could serve as impetus for discussion about Kent State later this year, hopefully examining the critical ‘Right to Life’ issue for American protesters remains unexplored.

FIRST CONSULT was held 5/30/13. READ the Kent State Truth Tribunal statement to the United States related to the United Nations, Human Rights Committee culminating in Geneva, March 2014. http://bit.ly/15HhJxO

READ our Kent State Submission for the U.N., Human Rights Committee.

Uncensoring the ‘unhistory’ of the Kent State massacre while also aiming toward justice & healing, a chapter in Censored 2013 from Project Censored http://bit.ly/RQNUWC

More on the 2/9/13 Kent State Truth Tribunal Submission to the United Nation: A Plea for Justice at Kent State. http://bit.ly/WQpjUP

PROGRESS from October 2013:  READ the Kent State Truth Tribunal ‘shadow report’ to the UN, Human Rights Committee  KSTTShadowReportFINAL

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Editors Note: On October 10, 2013, the US Delegation to the United Nations Human Rights Committee requested a postponement due to the partial US Government shutdown. The US postponement request was for the United States 4th Periodic Review and the UN Human Rights Committee Secretariat agreed to the request, setting a new date for the US 4th Periodic Review in March 2014, with the exact dates to be determined. News response to the US postponement ~ http://bit.ly/H4M6qD

On February 9, 2013, the Kent State Truth Tribunal and Allison’s family submitted a list of issues to be considered by the United Nations, including Kent State questions to be asked at the United States’ Report on their Compliance with the International Covenant on Civil and Political Rights before the 107th Session of the Human Rights Committee in Geneva, March 11-28, 2013.

AllisonImproved

READ the Kent State Truth Tribunal submission to the UN, HRC full document 130209_ICCPRKentStateFinalA

Kent State Truth Tribunal submission the United Nations, Human Rights Committee

Seeking an independent, impartial investigation into the May 4th Kent State Massacre (Article 2 (Right to remedy); Article 6 (Right to life); Article 19 (Right to fre

edom of expression); Article 21 (Right to peaceful assembly))

I. Reporting Organization

The Kent State Truth Tribunal (KSTT) was founded in 2010 upon the emergence of new forensic evidence regarding the May 4, 1970 Kent State Massacre. KSTT is a non-profit organization focused on revealing truth and bringing justice to Kent State massacre victims and survivors.

Representing Allison Beth Krause, 19-year-old student protester slain at Kent State University on May 4, 1970: Doris L. Krause, mother & Laurel Krause, sister.

II. Issue Summary

On May 4, l970 members of the Ohio National Guard fired between 61 and 67 shots into a crowd of unarmed anti-war protestors at Kent State University in Kent, Ohio, killing four and wounding nine students. For over 40 years, the government has claimed that the Guardsmen did not fire on command, and instead shot in self-defense after hearing sniper fire in the crowd.

In 2010, new forensic evidence emerged debunking this theory. The evidence consisted of a tape recorded by a Kent State student during the shooting. Though the original tape, known as the Kent State Strubbe tape, was destroyed by the Federal Bureau of Investigation (F.B.I.) in 1979, a bonafide copy of the tape was located in 2007 and was analyzed in 2010 by an internationally accredited forensic expert. The analysis, derived using state-of-the-art technology that was not available in prior investigations of the shooting, demonstrates that there was a ‘command to fire’ at the protestors. Moreover, the enhanced tape identified four pistol shots fired 70 seconds before the command as coming from an F.B.I. informant’s pistol to create the ‘sound of sniper fire.’ Although the U.S. Department of Justice (DOJ) received this new evidence, the Department declined to re-open its investigation of the Kent State shooting.

The victims of the Kent State massacre and their families have been unable to obtain access to meaningful redress. In 1974, federal charges against eight members of the Ohio National Guard of willfully violating the rights of the dead and wounded students were dismissed because, according to the judge, the government had failed to prove its case. In 1979 a civil rights settlement was reached with the issuance of a signed Statement of Regret and $15,000 for Allison B. Krause, one of the victims of the Kent State shooting. However, the settlement did not include an apology. Moreover, the federal charges and settlement were centered on civil rights and constitutional violations – there has yet to be a criminal indictment for murder. Additionally, as investigations of the shooting have thus far only been conducted by government entities, there has yet to be a credible, impartial, and independent investigation of the Kent State shooting. Moreover, the U.S. military has failed to address the use of live ammunition on college campuses and whether appropriate force was used on protestors at Kent State.

Failure to ensure justice and accountability for the Kent State massacre has set a precedent that the U.S. can continue to harass, abuse, and even kill protestors. Just ten days after the Kent State massacre, two student protesters were murdered by state police as they protested the Vietnam War on the Jackson State University campus. American authorities have stated ‘snipers’ prompted the firing of military weapons at student protesters, just as at Kent State University. Unfortunately suppression of peaceful assembly continues today. Since the ‘Occupy’ movement began in 2011, protestors have been labeled as ‘domestic terrorists’ by the F.B.I. and have been arrested in massive numbers for peaceful protests and assemblies. Until the U.S. conducts a credible, impartial and investigation into the Kent State shooting, and provides redress for victims and their families, protestors in the U.S. will continue to be at risk of being deprived of their fundamental rights without accountability.

III. U.S. Government Report and Prior Recommendations

Although the U.S. has not addressed the Kent State shooting in its periodic reports to the Human Rights Committee, it has professed support for the right to remedy, compensation for victims of crimes, and the obligation to conduct independent, credible, and thorough investigations into violations of rights, especially the right to life.

In 2010 and after two failed investigations, the United Kingdom finally organized a legitimate, impartial investigation into Bloody Sunday, a 1972 massacre that was strikingly similar to the May 4 Kent State shooting. The Bloody Sunday investigation overturned all prior examinations and admitted to wrongdoing by the State. At the time, the U.S. welcomed the publication of the resulting Bloody Sunday Inquiry report and expressed hope that “the completion of the independent inquiry’s work and publication of its report will contribute to Northern Ireland’s ongoing transformation from a turbulent past to a peaceful future.”

On the international stage the U.S. has called upon nations to uphold the rule of law and respect the right to peaceful assembly. This was particularly evident during the ‘Arab Spring,’ as the Obama Administration called for accountability when government officials suppressed speech and killed and injured protestors. What the Administration has preached abroad, however, is not always practiced at home.

IV. Other UN and Regional Bodies Recommendations

In November 2012, the Organization for Security and Cooperation in Europe (OSCE) released a report conveying concern about the use of excessive force and undue restrictions on peaceful assembly in 11 countries, including the U.S. The report mentioned specific abuses with regards to Occupy Wall Street and recommended U.S. authorities ensure the right to free assembly, take efforts to limit the use of force by law enforcement officials, and ensure that allegations of police misconduct are promptly and thoroughly investigated. In a letter to Secretary of State Hillary Clinton in December 2011, the U.N. Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and U.N. Special Rapporteur on the rights to freedom of peaceful assembly and of association called on U.S. officials to “explain the behavior of police departments that violently disbanded some Occupy protests last fall” and reminded the U.S. government of its obligations under international law to “take all necessary measures to guarantee that the rights and freedoms of all peaceful protesters be respected.”

V. Recommended Questions

1. Given the new forensic evidence emerging in 2010 related to the murders at Kent State, for what reasons has U.S. Department of Justice chosen to refuse to conduct a new, independent, impartial inquiry into the killings?

2. What lessons have American leadership learned from the May 4th Kent State Massacre? Under what circumstances will deadly, lethal force and war-grade weapons be used against peaceful American protesters, including on university and college campuses?

3. What steps will the U.S. government take to ensure that protestors are allowed to protest and assemble freely, without fear of intimidation, arrest, physical injury or – more seriously – murder?

4. Will the United States conduct an impartial, independent examination of the Kent State massacre?

5. What steps will the U.S. government take to ensure that the F.B.I. does not violate the fundamental rights of protestors, including the right to life?

VI. Suggested Recommendations

1. Conduct a full, independent and credible investigation into the May 4th shooting and killing of 13 American protesters at Kent State University. Such an investigation must consider the new evidence and ensure that victims and their families have the right to be heard and given an opportunity to present evidence and testimony.

2. The U.S. government must ensure that all incidents involving the killing, injuring or unlawful use of lethal force against protesters are promptly and impartially investigated, the perpetrators held accountable, and the victims and their families are provided with adequate information on the investigation and full redress. This should include a criminal investigation and prosecution of perpetrators in addition to other legal remedies for violations of civil and constitutional rights.

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Kent State Makes It to the U.N., Human Rights Committee http://bit.ly/10xZebQ

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