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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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9/4/14 by Rick Kern, National Veterans Review, Summer 2014

LaurelAllisonUNGlobe

Kent State at the United Nations; National Veterans Review, Summer 2014

An in-depth read on current developments as the May 4, 1970 Massacre at Kent State went before the United Nations Human Rights Committee in Geneva, March 2014. Article located at pages 26-28.

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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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Kent_State_massacreOn May 4, 1970, 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 Ohio, killing four students and wounding nine others. My 19-year-old sister, Allison Krause, was one of four students shot to death by the Ohio National Guard in the parking lot of her university campus as she protested the Vietnam War. I was 15 years old at the time.

It has been 44 years, and the U.S. government still refuses to admit that it participated in the killing of four young students at Kent State. There has not been a credible, independent, impartial investigation into Kent State. No group or individual has been held accountable. In 2010, after undeniable forensic evidence emerged pointing to direct U.S. government involvement in the killings, Emily Kunstler and I founded the Kent State Truth Tribunal (KSTT). Our hope was to finally receive a full account of the tragic events and to see that the victims and their families receive redress. In 2012, the U.S. Department of Justice refused to reopen the case, claiming there were “insurmountable legal and evidentiary barriers.”

But justice for Allison doesn’t have to end there. To that end, we are traveling to Geneva, Switzerland, next week to demand accountability for the Kent State massacre before the United Nations Human Rights Committee, which will be reviewing U.S. compliance with the International Covenant on Civil and Political Rights (ICCPR), one of the few human rights treaties ratified by the United States.

The right to assemble and protest is a cherished American value and is a universal human right. But the United States – and so many other proclaimed democracies around the world – repeatedly and shamelessly commits gross violations of this human right. We were recently reminded of extensive U.S. government surveillance of anti-war activists in the 1960s, but sadly, such dangerous activity isn’t a thing of the distant past. As recently as 2011, with the start of the “Occupy” movement, protestors were labeled “domestic terrorists,” surveilled by the FBI, and arrested in massive numbers for nonviolent demonstrations and assemblies.

The Kent State precedent has cast a shadow over our democracy for over 40 years. If Kent State remains a glaring example of government impunity, it sends a message that protestors can be killed by the state for expressing their political beliefs. This lack of accountability and hostility towards peaceful expression flies in the face not only of our Constitution, but also our international human rights commitments.

Though we are a small organization, KSTT is committed to seeking justice for the victims of the Kent State massacre. Next week, representatives from KSTT will be briefing the U.N. Human Rights Committee about the United States’ failure to provide full accountability for the Kent State massacre. We hope the Committee will ask our government to provide answers regarding its complicity in the killing of peaceful protesters, or at the very least acknowledge its failure to conduct a thorough and credible investigation. We intend to make it clear that we have not forgotten the horrific event that took place at Kent State. Allison stood for peace and died for peace. May no other protestor in the U.S. ever have to pay the price she paid for her peaceful political expression and dissent.

Laurel Krause is a writer dedicated to raising awareness about ocean protection, safe renewable energy and truth at Kent State. She is the cofounder and director of the Kent State Truth Tribunal

 

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AllisonStoodForPeace.-1

On February 9, 2013, the Kent State Truth Tribunal and Allison’s family began working with the United Nations in Geneva. Kent State questions and issues were submitted, and were accepted by the United Nations. Inquiries into the United States’ Report on their compliance with the International Covenant on Civil and Political Rights as the United States participates in its 4th Periodic Review before the Human Rights Committee at the UN.

READ the original Kent State Truth Tribunal ‘submission’ to the UN, Human Rights Committee 130209_ICCPRKentStateFinalA

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

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May 30, 2013

LaurelLeaKentState

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, March 2014. News response to the US postponement ~ http://bit.ly/H4M6qD

In early 2013 the Kent State Truth Tribunal (KSTT) submitted human rights questions to the United Nations for the United States to address. This year the United States continues in the process of being  reviewed by the United Nations, Human Rights Committee, readying for its formal review in October 2013. On Thursday May 30, 2013, this first consult statement from KSTT was voiced to the United States.

“Good afternoon: I am Laurel Krause for the Kent State Truth Tribunal and my sister Allison Krause was shot dead by U.S. military bullets at Kent State University on May 4, 1970 as she protested the announcement of the Cambodian Invasion in the Vietnam War long ago in America.

With regard to Allison’s death, and the three other American students killed on May 4, 1970, there has never been a credible, impartial, independent investigation into the May 4th Kent State Massacre. In 1979 at the end of our courtroom quest for Allison’s justice we received $15,000 and a statement of regret from the United States government.

40 years later in 2010, new audio evidence was discovered in a tape recording, analyzed by internationally-respected forensic evidence expert Stuart Allen. It is now three years later and the U.S. federal government continues to refuse to acknowledge or examine the new evidence yet over these past three years we have demanded that the Kent State Strubbe tape be examined … to no avail.

While Kent State human rights issues are not explicitly mentioned in the list of issues, they are covered by a number of general questions raised by the Committee, especially under Right to Life, Obligation to Conduct Independent, Thorough and Credible Investigations into Excessive Use of Force and Firearms by Police/Military, and Right to Effective Remedy.

The Human Rights Committee is likely to bring up the human rights related to Kent State as an example of the United States’ failure to meet ICCPR obligations during the U.S. review in October. If any U.S. government personnel or group wishes to learn more about the Kent State Massacre and the new evidence, including and since in 2010, I am happy to provide that to you. I will also be submitting a shadow report to the Committee. Thank you.”

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 United Nations Human Rights Committee in Geneva, March 11-28, 2013. 130209_ICCPRKentStateFinalA

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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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