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— A quote from Stephanie D. Smith, career officer of the Central Intelligence Agency (CIA), named by KSU President Beverly Warren to chair the Kent Massacre 50th anniversary Commemoration Advisory Committee for May 4, 2020

By Mike Alewitz, May 21, 2019

Full disclosure:  I was a student antiwar and socialist activist who witnessed the bloodshed of May 4, 1970, when friends and fellow activists were gunned down by Ohio National Guardsmen at Kent State University.  

The appointment of a former CIA kingpin, Stephanie D. Smith, is an affront to the memory of the martyrs of the Kent and Jackson State Massacres and the millions of people that protested the war in Vietnam.

According to a KSU press release, Smith, now an associate professor in Kent’s School of Journalism and Mass Communication, “will be a leader in creating, planning and executing all commemoration events, as well as overseeing plans and work with the May 4th Task Force, May 4 families and survivors and Kent State students, staff and faculty.”

Smith has been tasked to “work with the President’s Office and other groups to execute national and global May 4 projects for the commemoration.”

WHO IS CIA OPERATIVE STEPHANIE SMITH?

Stephanie D. Smith was a high-level supervisor of the CIA who retired in 2011, after 25 years of loyal service to the agency.

According to the university, “As a Senior Intelligence Service executive in the CIA, Smith led thousands of employees; designed and managed programs worth several billion dollars; interacted regularly with Congress; and traveled extensively, including throughout two war zones (Afghanistan and Iraq). She was selected as a member of CIA’s Senior Intelligence Service in 2000 and achieved its highest rank.”

Smith served as Executive Director for Administration at the National Security Council under National Security Advisor Condoleezza Rice.

In 2003 she was a part of the leadership team when Rice, Vice President Dick Cheney and Attorney General John Ashcroft planned out and implemented the use of waterboarding, sleep deprivation, forced nudity, sexual assault and other methods of torture used extensively against innocent civilians in Iraq and other locations.

After assisting Rice, Smith was suddenly elevated to Director of the CIA Directorate of Support, the largest section of the CIA, under Executive Director Kyle “Dusty” Foggo.

“I was promoted at a speed that astounded even me…in the process, I came to live by a standard, ‘Get there first and clean up your road kill later,’ Smith said. “If you had observed me during a typical work day, you would never have been able to tell I was a Christian woman,” she added.

In 2008, Dusty Foggo was indicted for illegally steering millions of dollars in CIA contracts to a friend. In the course the investigation, it turns out that he had his mistress (alleged to be Smith) hired to a $100,000 a year job, which explains Smith’s sudden good fortune. She avoided prison by turning state’s evidence against Foggo, after he dumped her for another mistress.

Smith seems remarkably lucky at landing plum jobs – including a professorship at Kent, without having the usually required PhD.

After Foggo was cleared out, Smith ended up at the Counterterrorism Communications Center where she reported to Undersecretary Karen Hughes who “was responsible for trying to polish the image of the US overseas in the wake of the Iraq war and the damaging Abu Ghraib prison abuse scandal.”

And Amy Reynolds, dean of the College of Communication and Information, has the temerity to describe Smith as someone who “cares deeply about what May 4 means to Kent State, to history, to the First Amendment, to activism, to civil discourse, to our students and to the future.”

Smith’s job was cleaning up after the torturers. Out of all the faculty, staff and students that have shown themselves to value human life, this is the person that outgoing President Beverly Warren and incoming President Todd A. Diacon chose to head the commemoration honoring those that fell fighting for peace.

There is nothing accidental about the appointment – it is a message to all that Kent State University is going to spend a year sanitizing the events of May 4, 1970.

WHAT IS THE CIA?

If doing public relations for torturers doesn’t creep you out, it’s worth reviewing what the CIA really does – not the fictional TV version where the good guys capture evil terrorists, but the real story of billions of our tax dollars going to fund death squads, fundamentalist militias and militarist thugs. Stephanie Smith decided to spend her career glorifying them.

In all the world, few organizations are as feared and hated as the US Central Intelligence Agency (CIA).  Its sole purpose is to protect global profits for the US ruling class – it is unmatched as a ruthless, terrorist organization.

The CIA has not only been directly responsible for the torture and death of untold thousands of innocent people, it trains and installs the most sadistic henchmen of the world’s bloodiest dictators.

The CIA’s grisly history includes the overthrow of democratically elected governments in places like Iran, Guatemala, Indonesia and the Congo – and the installation and buttressing of the world’s most brutal torture states.

Today, as US warships steam towards Iran, it useful to consider Operation Ajax. This was a US organized coup that replaced the democratically-elected leader of Iran, Prime Minister Mohammed Mossadegh, because of his plans to nationalize the oil industry. Mossadegh was replaced with the Shah, ushering in decades of mass torture.  Covert operations and inhuman sanctions continue to this day.

The CIA orchestrated direct military assaults in numerous countries, including the Bay of Pigs invasion of Cuba. During the Vietnam War, the CIA initiated Operation Phoenix, a program that targeted thousands of Vietnamese civilians for assassination, rape, kidnapping and torture.

The CIA has targeted numerous popular leaders for extralegal assassination, including Fidel Castro, Rafael Trujillo and Patrice Lumumba.

In Central America, the CIA was involved in cocaine trafficking to benefit the right-wing terrorist Contras in Nicaragua and promoted fascist Death Squads in El Salvador and Honduras.

Congressional hearings in 1976, revealed that the CIA had been bribing journalists and editors for years.

As we can see by the numerous coups being orchestrated right now in Venezuela, the dirty tricks of the CIA have never stopped – they went on under Smith’s tenure and they are going on now.

WHAT HAPPENED AT KENT

On May 4, 1970, forty-nine years ago, at Kent State University, National Guardsmen fired a barrage of 67 bullets – killing four students and wounding nine more.

In some ways, the atmosphere leading up to the bloodshed is similar to today – with an isolated and increasingly unhinged President engaged in undermining the press and lying to the public.

On April 30th of that year, President Richard Nixon announced the invasion of Cambodia – a major escalation of the war in Southeast Asia.   His action sparked widespread outrage. At Kent State, a series of protests, rallies and events took place, including the torching of the ROTC building, a dilapidated wooden structure scheduled for demolition, under suspicious circumstances.

Using that event as a pretext, Governor James Rhodes ordered the Ohio National Guard to occupy the campus. Over the next two days, students were chased, bayoneted and clubbed by guardsmen, tear gas inundated the campus and helicopters with searchlights hovered overhead at night.

Nixon branded the student protesters as “bums.” Rhodes called them “worse than the brown shirts…we will use whatever force necessary to drive them out of Kent!” These inflammatory remarks laid the groundwork for repression.

On May 4, we gathered to protest the war and the military occupation of our university. Guardsmen, armed with live ammunition and firing tear-gas canisters, advanced on the peaceful group. We ran away, but the Guard continued the barrage.

Our gathering was dispersed, and the soldiers began to march away. Suddenly, without provocation, a group of Guardsmen spun around and fired their weapons.

We looked about in disbelief – the victims were unarmed and nowhere near the troops. Allison Krause, who had proudly marched in previous demonstrations, was 330 feet away from the nearest Guardsman, when she was fatally gunned down. A friend, Sandy Scheuer, was 390 feet away, walking to class. She was shot through the neck and killed. Another friend, Robbie Stamps, was almost 500 feet away when wounded.

Four young people lay dead: Allison Krause, Bill Schroeder, Sandy Scheuer and Jeffrey Miller. Among the nine wounded, Dean Kahler was paralyzed for life.

The killings at Kent were followed ten days later with a police barrage of bullets into a dormitory at Jackson State in Mississippi. James Earl Green and Phillip Lafayette Gibbs were gunned down and an unknown number of others were wounded. The African-American victims at Jackson did not receive the same attention as Kent.

GOVERNMENT INVOLVEMENT

To this day, the extent of government involvement in the massacre has never been fully explored. Among the many photos of May 4 are those of a paid FBI informant, Terry Norman, holding a pistol – he is in the crowd. His presence has never been fully explained – the truth of the massacre at Kent remains hidden in the fog of war.

For 49 years the truth has been covered up by the KSU administration, the state and federal governments. This has been a bipartisan effort including both Democratic and Republican politicians at the highest levels of government.

The ROTC building was burned under mysterious circumstances. An armed FBI informant was present. As was later revealed, the FBI was conducting massive and widespread disruption of the anti-war movement through its COINTELPRO program. We know that Lyndon B. Johnson authorized the CIA to undertake its own program of spying on US citizens – Operation Chaos.

The failure to seriously investigate these circumstances constitutes a cover up. We can and should demand an impartial investigation into these events – it’s never too late. We may never know all, but the struggle to find the truth will serve to educate and act as a brake for similar repression.

The warmakers and their academic-administrative toadies fear the truth. They want to continue the coverup of the killings at Kent and Jackson. They want to rewrite the history of US atrocities in Vietnam and around the world – so they may continue to advance their own economic policies of global plunder.

They require the ongoing massacre of the truth.

THE DEBATE AT KENT

Although the press has not yet covered it, there are plenty of people outraged about the appointment of Stephanie Smith. This is not just about the individual – it is about what she represents.

Not only have the events of one day, May 4,  been covered up – the larger history of Kent has been re-written as well. The mass anti-war movement, which mobilized thousands of KSU students, along with millions more across the country, has been largely removed from the commemoration programs, exhibits, books and articles.

The demands of our movement:  Bring the troops home now!  War machine off campus! Free all political prisoners! Money for jobs and education, not war!  These and other slogans that expressed our aspirations have been disappeared.

The history of militant student anti-war protest has been airbrushed away.  The murders have become a “tragic event” devoid of political content. The commemoration is not about honoring the martyrs that fought against imperialist slaughter – instead it is about looking inward, learning to communicate and having prayers to prevent such unfortunate events in the future.

“Don’t Mourn – Organize”has become “Mourn – Don’t Organize.”

The attempts to suppress and coopt history are hardly unexpected. In capitalist America, colleges and universities are tied to the government through webs of personnel, research, funding, etc. The idea that the KSU administration is an agent of change is wishful thinking.

MAY 4 TASK FORCE

For many years, the May 4 Task Force (M4TF), a student group, organized the yearly commemorations – at times waging important struggles to preserve the memory of the massacre, such as opposing the building of a gymnasium over the shooting site. They did much to educate the student body and keep the memory of May 4 alive.

However, M4TF largely excluded representatives from the mass anti-war organizations – the Student Mobilization Committee Against the War (SMC) was the country’s largest antiwar group and constituted the left wing of the movement – demanding immediate and complete withdrawal of all US forces from Southeast Asia.

The Cleveland Area Peace Action Coalition (CAPAC), the National Peace Action Coalition (NPAC), the New Mobilization Coalition (MOBE) were the central organizations that organized the mass demonstrations and reached out to the working class in trade unions, in the oppressed nationalities and into the armed forces.

These coalitions, that organized millions of people into anti-imperialist actions, were marginalized and excluded from May 4 events and history.

Fantasy histories were invented to fit the needs of a corporate education.  One was that Students for a Democratic Society (SDS) and a small group of radicals heroically led a rebellion against the war. It’s true that SDS was a group of radical-minded activists with many dedicated individuals. It called the first march on Washington against the war in 1964 – an important action that broke with the generally pacifist anti-war movement by naming a specific imperialist war.

But 1964 was the last time that SDS, as a national organization, supported a unified national demonstration – opting instead for small-group civil disobedience and individual acts of resistance.

Despite its national abstention, at Kent there were many SDSers that, as individuals, played an invaluable role in educating and mobilizing for mass demonstrations like the 1969 Moratoriums that resulted in thousands of KSU students participating in marches and rallies.

But by creating this mythological history, it removes the participation of thousands of Kent students from antiwar actions. It attempts to make us observers, instead of participants.

Before the shootings on May 4, thousands of KSU marched in anti-war and civil liberties demonstrations. They, and millions like them, changed the course of history.

THE DEMOCRATIC PARTY

The leading figure in the M4TF over the past decades is Alan Canfora, who was shot in the wrist on May 4. He was famously seen waving a black flag at the Guardsmen. Canfora deserves credit for his many years of work on behalf of the M4TF, the families and victims of the shooting.

Canfora is a longtime Democratic Party official in Barberton, Ohio – a Clinton supporter in the center-right of the party. Regarding the development of a left wing in the party, he states his views forthrightly on his Facebook page:

“Putin and his bitches: Bernie Sanders, Donald Trump and Jill Stein. All hail Putin, mastermind of world politics, now it’s clear he owns Bernie, The Donald and Jill.” 

Through longevity and consistent self-promotion, Canfora established himself as the leading voice of M4TF, along with his sister Roseann “Chic” Canfora, an adjunct professor and colleague of Stephanie Smith in the School of Journalism, as well as a small coterie of liberal supporters of Democratic Party candidates.

More than anything, this grouping is insistent that any questioning about possible covert governmental involvement in the massacre be dismissed as conspiratorialist – because it raises the responsibility of the Democratic Party in the decades-long cover-up.

None of this has ever mattered much until now. I believe they are making a profound mistake by aligning themselves with the CIA and KSU administration.

The M4TF, which previously had a symbiotic relationship with KSU, has now relinquished complete control of the commemoration and handed it over to the administration. For their part, the administration is attempting to co-opt a handful of M4TF activists – rewarding them with invitations to dine with President Beverly Warren and the trustees, attend meetings, be part of a corporate speaker’s bureau and get some public attaboys.

It was after taking control of the commemoration, and with key M4TF leaders on board, Warren promptly named CIA agent Smith to head up the commemoration.

KSU is attempting to promote itself as a leading research institution – the appointment of Smith is a message to corporate, military and government officials that KSU is open for business and will not be bothered by pesky remembrances of the antiwar movement.

STONEWALLING AND EXCUSES

To date, KSU administrators have not responded to demands that Smith be dumped – leaving defense of the CIA to the Democratic Party clique. Despite very fundamental political disagreements, it saddens me to see some of these activists left holding the bag to defend the CIA, no small task. So far, the justifications of those that defend the CIA operative are these:

Justification: You don’t know her, I do, and she is a good person.

Not all CIA officials are right-wing ideologues. The CIA has often adopted a mantle of progressive politics, even expressing a wish to help groups – that is how they infiltrate unions, student groups and other left organizations. For example, this was how liberal feminist icon Gloria Steinem was recruited to spy on radical activists in Europe.

There are CIA snoops that are nice, personable and funny – just as there are generals, arms dealers and warmakers that seem nice, personable and funny. Henry Kissinger was considered a charmer in the 70s – he dated Hollywood starlets.

Justification: You are not from Kent or have not been involved in the May 4 Task Force, so your opinion doesn’t matter.

After the shootings in 1970, you could already see a cottage industry beginning to grow up around the massacre. There was the emergence of Kent “experts,” most of whom had been marginally involved in the antiwar movement, if at all.

Knowledge of the on-the-ground May 4 events is important, but the broader context of the war and the antiwar movement is critical. Pandering to “experts” and baiting movement activists that have moved on with their lives and do not relate directly to the campus is counter-productive.

To their credit, and as recently documented in Tom Grace’s book about the Kent Massacre, many activists of the time became active in the emerging social movements of the 70s until today – working in solidarity with struggles in Central America, in the Iraq anti-war movement, in the feminist movement and a myriad of other social justice issues.

May 4 does not belong to any one group. The children in Cuba that named their school The Martyrs of Kent School are part of our movement.  The people that participated in the Kent Truth Tribunal are part of it. The anti-war activists that sponsor Kent events around the country are part of it.  The millions of people that protested the massacre over all these years are part of it.

The young person that got involved just yesterday is part of it – perhaps most importantly of all. The history of the working class and its allies belongs to the class as a whole.

Justification: We’ve been part of the commemoration activities for a long time so you should trust us.

The history of the labor and other social movements has continually shown us that blind trust has no place in the movement or in the university. People change.  Groups change. Regardless of past accomplishments, you should be judged by what you say and do now.

Justification: I am a victim/survivor/family/witness, so I get to decide, and I like Stephanie Smith.

No, you are due consideration like everyone else.

In my travels as an agitprop muralist, I’ve seen the result of CIA initiated embargoes, sanctions, sabotage, dirty tricks and US military actions in places like Nicaragua, Cuba, Iraq and Palestine.

Hundreds of thousands of children and elderly have died for lack of medications because of economic sanctions. The mothers of Venezuela or Iran or a dozen other countries whose children suffer and die because of the CIA are also victims. The countless torture casualties in places like Nicaragua are victims. Would you tell them how nice the CIA lady is?

The martyrs of the anti-war and anti-racist movements deserve better than the grotesque mockery of a representative of the repressive apparatus officiating at the commemoration.

This will not go away. We would not be silenced in 1970 and we will not be silenced now.

While it is unfortunate that some individuals have decided to align themselves with the KSU administration and the CIA, keep in mind that they are not responsible for the CIA recruitment on campus or the appointment of Smith.

It is outgoing President Beverly Warren, incoming President Todd A. Diacon and the Board of Trustees that are responsible for this travesty and must be held to account.

THE 1970 NATIONAL STUDENT STRIKE

The KSU administration has purportedly earmarked $2m for an extensive, yearlong series of activities about May 4. It is unlikely that the festivities will honor the true legacy of the antiwar movement and how it transformed society.

The shootings at Kent sparked an unprecedented national student strike – hundreds of thousands of students stopped business as usual. At least 400 campuses were struck – many were occupied, and students began to form strike councils to take control of the universities.

Students began meeting, discussing, debating, creating and using their campuses as a base for organizing – reaching deep into the heart of the country with their anti-war message. We provided support to the thousands of active-duty anti-war GIs that became a key factor in ultimately compelling the US to withdraw from Southeast Asia.

On May 7, 1970, at a Washington, D. C. press conference, I gave a statement on behalf of the Kent Student Mobilization Committee (SMC), along with strike leaders from Berkeley, Wayne State, Case Western Reserve and Tufts. We called for it to be introduced and adopted in student strike councils across the nation. It read in part:

We call on the campus communities now in control of campus facilities to maintain that control and to preserve the broadest student-faculty unity in the face of all attempts to divide them.

We call on the campus communities that have not yet taken control of their campus facilities to do so and to join with their sisters and brothers across the country in utilizing the facilities to mobilize non-campus communities against the war.

We call on the united campus communities to reach out into all communities- into the neighborhoods, the labor unions, the Afro-American and other Third World organizations, the churches and synagogues, the women’s groups, the political associations, the military installations – and organize the new, united antiwar movement that will have the power to actually compel an end to the killing abroad as well as at home. 

That proposal for mass actions and occupations stood in stark contrast to calls for individual resistance or toothless electoral activity.  Instead, it advanced a national course of action to fundamentally challenge the power of the warmakers.

We were fighting for the empowerment of students and workers.  That history is unlikely to be included in the 2020 May 4 events.

THE STRUGGLE AHEAD

The decade-long struggle over Vietnam proved that only a massive movement could end the war.  Then, as now, peace did not come from a government that is without compassion or vision – wars and occupations cannot be ended by a timid and impotent legislature that continues to fund the war machine.

Today, the “resistance” of Democratic Party officials is a toothless sound bite. The “progressive” candidates talk peace while voting to fund US military adventures abroad. They cover up their support to the war on workers abroad by giving lip service to some tepid reforms here at home.

Over the next year, there will not only be numerous commemorative events about Kent. Millions of dollars were also allocated to the Pentagon by the Obama White House to commemorate the war in Vietnam. These millions will be utilized to obscure the truth about U.S. involvement in Southeast Asia and repression here at home.

The real history of the genocidal war will be suppressed. There will be little place for truth, or even facts. The unprecedented assault on Julian Assange should remind us how much the warmakers fear the truth.

Fifty years have passed, and the stakes facing working people are greater than at any time in human history. Today, along with rising nationalism and permanent war, we face nothing less than the extinction of our species in a carbon-based nightmare of climate change denial. 

As in 1970, our hope for a more peaceful future lies with our own empowerment. Protests continue against US wars and occupations, environmental destruction, racism and sexism. Millions of immigrants have shed their invisibility in a great new movement for civil and human rights.

Only international solidarity can put an end to the insanity of corporate greed. Only working people can halt the warmakers, by organizing a massive movement to demand an end to the lies and an end to the bloodshed.

The way to honor the martyrs of Kent and Jackson is to end the cover up of the massacres and to continue the struggle for peace and social justice. The true memorial must be in the streets!

END ALL U.S. WARS AND OCCUPATIONS!

HANDS OFF VENEZUELA AND IRAN!

BRING ALL THE TROOPS HOME NOW!

MONEY FOR EDUCATION, NOT WAR!

WAR MACHINE OFF CAMPUS!

– – – – – – – – – – – –

Mike Alewitz/ May 21, 2019

Mike Alewitz was the founder and Chairman of the Kent Student Mobilization Committee Against the War in Vietnam (SMC).  He was an eyewitness to the murders and a leader of the national student strike which followed.

Alewitz has remained a lifelong labor and social justice activist.  He is Professor Emeritus of Mural Painting at Central CT State University.

– – – – – – – – –

Appointment of Stephanie Smith: http://bit.ly/2JrmSGU

Biography of Stephanie Smith: http://bit.ly/2VmCPFR

Remembering the Kent State and Jackson State massacres: http://bit.ly/2PAXtMc

CIA Official to Chair Commemoration: http://bit.ly/2HfOb4y

Interview with Stephanie Smith: http://bit.ly/2QbZM8C

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April 6, 2019 by Laurel Krause

On the May 4, 1970 Kent State massacre, written by my father Arthur S. Krause to Richard M. Nixon and published in the New York Times on May 7, 1978 🌺

A Memo to Mr. Nixon:

In the published extracts from your memoirs, you blame the news media for misinterpreting your categorization of student demonstrators as “bums.” Your remark was made just a few days before my daughter, Allison, was killed at Kent State University, on May 4, 1970, and you say you were “stunned” to learn of her death, and that of the other students shot by Ohio National Guardsmen.

You claim that the days after the killings “were among the darkest” of your Presidency, and that you were “utterly dejected” when you read that I had said, “My daughter was not a bum.”

By reducing what I actually said to this simplistic capsule sentence, you are once again avoiding the crucial question I had asked eight years ago: “Have we come to such a state in this country that a young girl has to be shot because she disagrees deeply with the actions of her Government?”

Your sympathy was such that you had to write personal letters to the parents of the four dead students, even though you “knew that words could not help.” If this is true, then why did you make such a mockery of your private grief for our sons and daughters by publicly implying that they were responsible for their own deaths and their killers blameless?

“When dissent turns to violence,” you told the American people, “it invites tragedy,” but in your letter to my wife and me you expressed the hope that we could “take comfort from the sympathy the entire nation feels.” Words from fellow citizens, who really understood what had happened at Kent State, did help us, but from our President we expected much more than personal condolences and public political condemnation.

Presidential action would have immeasurably tempered our grief and anger at the deliberate shooting down of our children, and on May 16, 1970, John D. Ehrlichman personally assured me that there would be no “whitewash” of what had happened.

In other words, the Nixon Administration was committed to seeing that justice was done if Ohio exonerated all official and guardsmen from criminal responsibility, which a state grand jury did in October 1970.

The cruel duplicity in these claims to personal grief and desires for justice have just been exposed for what they truly are by NBC-TV news.

At a time (November 1970) when you well knew that I was almost begging for a Federal grand jury investigation of the killings, you instructed Attorney general John Mitchell not to convene a grand jury. How, I ask, does this square with your claims of personal sympathy?

You saw the photographs of the four young men and women shot to death at distances of 270 to almost 400 feet, and in your memoirs you say you “couldn’t get the photographs out of your mind.”

Watergate and the cover-up was your nemesis, but NBC-TV has not shown that your first obstruction of justice occurred six months after Kent State, when you “instructed” the Attorney General of the United States not to convene a Federal grand jury regardless of what the evidence might have warranted.

To learn of your personal veto of a Federal grand jury months before Justice Department officials were assuring me that killings were still under “intensive investigation” is to prove, in my opinion, all the charges leveled against in the Watergate scandal.

There is poetic justice in the fact that your self-serving account of deep sorry for the death of my daughter, Allison, and of Sandy Scheuer, Jeff Miller and Bill Schroeder, should be published on the eve of NBC’s report on how you truly felt.

Is there to be no end to your deceptions, omissions and outright distortions of historical fact?

Kent State Truth Tribunal The Allison Center for Peace Peaceful Party

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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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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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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/2vherUw

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 a US Government shutdown. The US postponement request set the new date for the US 4th Periodic Review on March 13/14, 2014. News about 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 United Nations Submission

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 to participate at the U.N. before the Human Rights Committee for the U.S. 4th periodic review.

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/2vherUw

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

The Kent State 2015 final report on the U.S. 4th periodic review before the U.N. Human Rights Committee, March, 2014 http://bit.ly/1KTBGsI

The human rights issues of the Kent State massacre will be heard before the United Nations for the U.S. 5th periodic – we made it! http://bit.ly/2Iiv1Nx

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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.

Read the full document ~ 130209_ICCPRKentStateFinalA

Kent State Makes It to the U.N., Human Rights Committee http://bit.ly/1KTBGsI

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This article is from the forthcoming book Censored 2013: Dispatches from the Media Revolution and intends to expose the lies of American leadership in order to uncensor the “unhistory” of the Kent State massacre, while also aiming toward justice and healing, as censoring the past impacts American Occupy protesters today.

by Laurel Krause with Mickey Huff

Shooting guardsmen at Kent State University on May 4, 1970, photograph taken by John A. Darnell Jr.

When Ohio National Guardsmen fired sixty-seven gun shots in thirteen seconds at Kent State University (KSU) on May 4, 1970, they murdered four unarmed, protesting college students and wounded nine others. For forty-two years, the United States government has held the position that Kent State was a tragic and unfortunate incident occurring at a noontime antiwar rally on an American college campus. In 2010, compelling forensic evidence emerged showing that the Federal Bureau of Investigation (FBI) and the Counter Intelligence Program (COINTELPRO) were the lead agencies in managing Kent State government operations, including the cover-up. At Kent State, lawful protest was pushed into the realm of massacre as the US federal government, the state of Ohio, and the Ohio National Guard (ONG) executed their plans to silence antiwar protest in America.

The new evidence threatens much more than the accuracy of accounts of the Kent State massacre in history books. As a result of this successful, ongoing Kent State government cover-up, American protesters today are at much greater risk than they realize, with no real guarantees or protections offered by the US First Amendment rights to protest and assemble. This chapter intends to expose the lies of the state in order to uncensor the “unhistory” of the Kent State massacre, while also aiming toward justice and healing, as censoring the past impacts our perspectives in the present.

The killing of protesters at Kent State changed the minds of many Americans about the role of the US in the Vietnam War. Following this massacre, there was an unparalleled national response: hundreds of universities, colleges, and high schools closed across America in a student strike of more than four million. Young people across the nation had strong suspicions the Kent State massacre was planned to subvert any further protests arising from the announcement that the already controversial war in Vietnam had expanded into Cambodia.

Yet instead of attempting to learn the truth at Kent State, the US government took complete control of the narrative in the press and ensuing lawsuits. Over the next ten years, authorities claimed there had not been a command-to-fire at Kent State, that the ONG had been under attack, and that their gunfire had been prompted by the “sound of sniper fire.” Instead of investigating Kent State, the American leadership obstructed justice, obscured accountability, tampered with evidence, and buried the truth. The result of these efforts has been a very complicated government cover-up that has remained intact for more than forty years.1

The hidden truth finally began to emerge at the fortieth anniversary of the Kent State massacre in May 2010, through the investigative journalism of John Mangels, science writer at the Cleveland Plain Dealer, whose findings supported the long-held suspicion that the four dead in Ohio were intentionally murdered at Kent State University by the US government.

Mangels commissioned forensic evidence expert Stuart Allen to professionally analyze a tape recording made from a Kent State student’s dormitory window ledge on May 4, 1970, forever capturing the crowd and battle sounds from before, during, and after the fusillade.2 For the first time since that fateful day, journalists and concerned Americans were finally able to hear the devastating soundtrack of the US government murdering Kent State students as they protested against the Vietnam War.

The cassette tape—provided to Mangels by the Yale University Library, Kent State Collection, and housed all these years in a box of evidence admitted into lawsuits led by attorney Joseph Kelner in his representation of the Kent State victims—was called the “Strubbe tape” after Terry Strubbe, the student who made the recording by placing a microphone attached to a personal recorder on his dormitory window ledge. This tape surfaced when Alan Canfora, a student protester wounded at Kent State, and researcher Bob Johnson dug through Yale library’s collection and found a CD copy of the tape recording from the day of the shootings. Paying ten dollars for a duplicate, Canfora then listened to it and immediately knew he probably held the only recording that might provide proof of an order to shoot. Three years after the tape was found, the Plain Dealer commendably hired two qualified forensic audio scientists to examine the tape.

But it is really the two pieces of groundbreaking evidence Allen uncovered that illuminate and provide a completely new perspective into the Kent State massacre.

First, Allen heard and verified the Kent State command-to-fire spoken at noon on May 4, 1970. The command-to-fire has been a point of contention, with authorities stating under oath and to media for forty years that “no order to fire was given at Kent State,” that “the Guard felt under attack from the students,” and that “the Guard reacted to sniper fire.”3 Yet Allen’s verified forensic evidence of the Kent State command-to-fire directly conflicts with guardsmen testimony that they acted in self-defense.

The government claim—that guardsmen were under attack at the time of the ONG barrage of bullets—has long been suspect, as there is nothing in photographic or video records to support the “under attack” excuse. Rather, from more than a football field away, the Kent State student protesters swore, raised their middle fingers, and threw pebbles and stones and empty tear gas canisters, mostly as a response to their campus being turned into a battlefield with over 2,000 troops and military equipment strewn across the Kent State University campus.

Then at 12:24 p.m., the ONG fired armor-piercing bullets at scattering students in a parking lot—again, from more than a football field away. Responding with armor-piercing bullets, as Kent State students held a peaceful rally and protested unarmed on their campus, was the US government’s choice of action.

The identification of the “commander” responsible for the Kent State command-to-fire on unarmed students has not yet been ascertained. This key question will be answered when American leadership decides to share the truth of what happened, especially as the Kent State battle was under US government direction. Until then, the voice ordering the command-to-fire in the Kent State Strubbe tape will remain unknown.

The other major piece of Kent State evidence identified in Allen’s analysis was the “sound of sniper fire” recorded on the tape. These sounds point to Terry Norman, FBI informant and provocateur, who was believed to have fired his low-caliber pistol four times, just seventy seconds before the command-to-fire.

Mangelswrote in the Plain Dealer, “Norman was photographing protestors that day for the FBI and carried a loaded .38-caliber Smith & Wesson Model . . . five-shot revolver in a holster under his coat for protection. Though he denied discharging his pistol, he previously has been accused of triggering the Guard shootings by firing to warn away angry demonstrators, which the soldiers mistook for sniper fire.”4

Video footage and still photography have recorded the minutes following the “sound of sniper fire,” showing Terry Norman sprinting across the Kent State commons, meeting up with Kent Police and the ONG. In this visual evidence, Norman immediately yet casually hands off his pistol to authorities and the recipients of the pistol show no surprise as Norman hands them his gun.5

The “sound of sniper fire” is a key element of the Kent State cover-up and is also referred to by authorities in the Nation editorial, “Kent State: The Politics of Manslaughter,” from May 18, 1970:

The murders occurred on May 4. Two days earlier, [Ohio National Guard Adjutant General] Del Corso had issued a statement that sniper fire would be met by gunfire from his men. After the massacre, Del Corso and his subordinates declared that sniper fire had triggered the fusillade.6

Yet the Kent State “sound of sniper fire” remains key, according to White House Chief of Staff Bob Haldeman, who noted President Richard Nixon’s reaction to Kent State in the Oval Office on May 4, 1970:

Chief of Staff Bob Haldeman told him [of the killings] late in the afternoon. But at two o’clock Haldeman jotted on his ever-present legal pad “keep P. filled in on Kent State.” In his daily journal Haldeman expanded on the President’s reaction: “He very disturbed. Afraid his decision set it off . . . then kept after me all day for more facts. Hoping rioters had provoked the shootings—but no real evidence that they did.” Even after he had left for the day, Nixon called Haldeman back and among others issued one ringing command: “need to get out story of sniper.”7

In a May 5, 1970, article in the New York Times, President Nixon commented on violence at Kent State:

This should remind us all once again that when dissent turns to violence it invites tragedy. It is my hope that this tragic and unfortunate incident will strengthen the determination of all the nation’s campuses, administrators, faculty and students alike to stand firmly for the right which exists in this country of peaceful dissent and just as strong against the resort to violence as a means of such expression.8

President Nixon’s comment regarding dissent turning to violence obfuscated and laid full blame on student protesters for creating violence at Kent State. Yet at the rally occurring on May 4th, student protester violence amounted to swearing, throwing small rocks, and volleying back tear gas canisters, while the gun-toting soldiers of the ONG declared the peace rally illegal, brutally herded the students over large distances on campus, filled the air with tear gas, and even threw rocks at students. Twenty minutes into the protest demonstration, a troop of National Guard marched up a hill away from the students, turned to face the students in unison, and fired.

The violence at Kent State came from the National Guardsmen, not protesting students. On May 4, 1970, the US government delivered its deadly message to Kent State students and the world: if you protest in America against the wars of the Pentagon and the Department of Defense, the US government will stop at nothing to silence you.

Participating American militia colluded at Kent State to organize and fight this battle against American student protesters, most of them too young to vote but old enough to fight in the Vietnam War.9 And from new evidence exposed forty years after the massacre, numerous elements point directly to the FBI and COINTELPRO (Counter Intelligence Program) as lead agencies managing the government operation of the Kent State massacre, including the cover-up, but also with a firm hand in some of the lead-up.

Prior to the announcement of the Cambodian incursion, the ONG arrived in the Kent area acting in a federalized role as the Cleveland-Akron labor wildcat strikes were winding down. The ONG continued in the federalized role at Kent State, ostensibly to protect the campus and as a reaction to the burning of a Reserve Officers’ Training Corps (ROTC) building. Ohio Governor James “Jim” Rhodes claimed the burning of the ROTC building on the Kent State University campus was his reason for “calling in the guard,” yet in this picture of the burning building, the ONG are clearly standing before the flames as the building burns.10

From eyewitness accounts, the burning of the ROTC building at Kent State was completed by undercover law enforcement determined to make sure it could become the symbol needed to support the Kent State war on student protest.11

According to Dr. Elaine Wellin, an eyewitness to the many events at Kent State leading up to and including May 4th, there were uniformed and plain-clothes officers potentially involved in managing the burning of the ROTC building. Wellin was in close proximity to the building just prior to the burning and saw a person with a walkie-talkie about three feet from her telling someone on the other end of the communication that they should not send down the fire truck as the ROTC building was not on fire yet.12

A memo to COINTELPRO director William C. Sullivan ordered a full investigation into the “fire bombing of the ROTC building.” But only days after the Kent State massacre, every weapon that was fired was destroyed, and all other weapons used at Kent State were gathered by top ONG officers, placed with other weapons and shipped to Europe for use by North Atlantic Treaty Organization (NATO), so no weapons used at Kent could be traced.

From these pieces of evidence, it becomes clearer that the US government coordinated this battle against student protest on the Kent State campus. Using the playbook from the Huston Plan, which refers to protesting students as the “New Left,” the US government employed provocateurs, staged incidents, and enlisted political leaders to attack and lay full blame on the students. On May 4, 1970, at Kent State University, the US government fully negated every student response as they criminalized the First Amendment rights to protest and assemble.13

The cover-up adds tremendous complexity to an already complicated event, making it nearly impossible to fairly try the Kent State massacre in the American justice system. This imposed “establishment” view that Kent State was about “civil rights”—and not about murder or attempted murder—led to a legal settlement on the basis of civil rights lost, with the US government consistently refusing to address the death of four students and the wounding of nine.14

Even more disheartening, efforts to maintain the US government cover-up at Kent State recently went into overdrive in April 2012, when President Barack Obama’s Department of Justice (DOJ) formally announced a refusal to open a new probe into the wrongs of Kent State, continuing the tired 1970 tactic of referring to Kent State as a civil rights matter.15

The April 2012 DOJ letters of response also included a full admission that, in 1979, after reaching the Kent State civil rights settlement, the FBI Cleveland office destroyed what they considered a key piece of evidence: the original tape recording made by Terry Strubbe on his dormitory window ledge. In a case involving homicides, the FBI’s illegal destruction of evidence exposes their belief to be “above the law,” ignoring the obvious fact that four students were killed on May 4, 1970. As the statute of limitations never lapses for murder, the FBI’s actions went against every law of evidence. The laws clearly state that evidence may not be destroyed in homicides, even when the murders are perpetrated by the US government.

The destruction of the original Strubbe tape also shows the FBI’s intention to obstruct justice: the 2012 DOJ letters on Kent State claim that, because the original Strubbe tape was intentionally destroyed, the copy examined by Allen cannot be compared to the original or authenticated. However the original Strubbe tape, destroyed by the DOJ, was never admitted into evidence.

From these pieces of evidence, it becomes clearer that the US government coordinated this battle against student protest on the Kent State campus. Using the playbook from the Huston Plan, which refers to protesting students as the “New Left,” the US government employed provocateurs, staged incidents, and enlisted political leaders to attack and lay full blame on the students. On May 4, 1970, at Kent State University, the US government fully negated every student response as they criminalized the First Amendment rights to protest and assemble.13

The cover-up adds tremendous complexity to an already complicated event, making it nearly impossible to fairly try the Kent State massacre in the American justice system. This imposed “establishment” view that Kent State was about “civil rights”—and not about murder or attempted murder—led to a legal settlement on the basis of civil rights lost, with the US government consistently refusing to address the death of four students and the wounding of nine.14

Even more disheartening, efforts to maintain the US government cover-up at Kent State recently went into overdrive in April 2012, when President Barack Obama’s Department of Justice (DOJ) formally announced a refusal to open a new probe into the wrongs of Kent State, continuing the tired 1970 tactic of referring to Kent State as a civil rights matter.15

The April 2012 DOJ letters of response also included a full admission that, in 1979, after reaching the Kent State civil rights settlement, the FBI Cleveland office destroyed what they considered a key piece of evidence: the original tape recording made by Terry Strubbe on his dormitory window ledge. In a case involving homicides, the FBI’s illegal destruction of evidence exposes their belief to be “above the law,” ignoring the obvious fact that four students were killed on May 4, 1970. As the statute of limitations never lapses for murder, the FBI’s actions went against every law of evidence. The laws clearly state that evidence may not be destroyed in homicides, even when the murders are perpetrated by the US government.

The destruction of the original Strubbe tape also shows the FBI’s intention to obstruct justice: the 2012 DOJ letters on Kent State claim that, because the original Strubbe tape was intentionally destroyed, the copy examined by Allen cannot be compared to the original or authenticated. However the original Strubbe tape, destroyed by the DOJ, was never admitted into evidence.

No More Kent States! 23

In 2010, the United Kingdom acknowledged the wrongs of Bloody Sunday, also setting an example for the US government to learn the important lessons of protest and the First Amendment. In January 1972, during “Bloody Sunday,” British paratroopers shot and killed fourteen protesters; most of the demonstrators were shot in the back as they ran to save themselves.24

Thirty-eight years after the Bloody Sunday protest, British Prime Minister David Cameron apologized before Parliament, formally acknowledging the wrongful murder of protesters and apologized for the government.25 The healing in Britain has begun. Considering the striking similarity in events where protesters were murdered by the state, let’s examine the wrongs of Kent State, begin to heal this core American wound, and make a very important, humane course correction for America. When will it become legal to protest in America?

President Obama, the Department of Justice, and the US government as a whole must take a fresh look at Stuart Allen’s findings in the Kent State Strubbe tape. The new Kent State evidence is compelling, clearly showing how US covert intelligence took the lead in creating this massacre and in putting together the ensuing cover-up.

As the United States has refused to examine the new evidence or consider the plight of American protest in 2012, the Kent State Truth Tribunal formally requested the International Criminal Court (ICC) at the Hague consider justice at Kent State.26

Who benefited the most from the murder of student protesters at Kent State? Who was really behind the Kent State massacre? There is really only one US agency that clearly benefited from killing student antiwar protesters at Kent State: the Department of Defense.

Since 1970 through 2012, the military-industrial-cyber complex strongly associated with the Department of Defense and covert US government agencies have actively promoted never-ending wars with enormous unaccounted-for budgets as they increase restrictions on American protest. These aims of the Pentagon are evidenced today in the USA PATRIOT Act, the further civil rights–limiting National Defense Authorization Act (NDAA), and new war technologies like CIA drones.

Probing the dark and buried questions of the Kent State massacre is only a beginning step to shine much-needed light on the United States military and to illuminate how the Pentagon has subverted American trust and safety, as it endeavors to quell domestic protest against war at any cost since at least 1970.

********

Laurel Krause is a writer and truth seeker dedicated to raising awareness about ocean protection, safe renewable energy, and truth at Kent State. She publishes a blog on these topics at Mendo Coast Current. She is the cofounder and director of the Kent State Truth Tribunal. Before spearheading efforts for justice for her sister Allison Krause, who was killed at Kent State University on May 4, 1970, Laurel worked at technology start-ups in Silicon Valley.

Mickey Huff is the director of Project Censored and professor of social science and history at Diablo Valley College.  He did his graduate work in history on historical interpretations of the Kent State shootings and has been actively researching the topic more since his testimony to the Kent State Truth Tribunal in New York City in 2010.

This article is from the forthcoming Seven Stories Press book Censored 2013: Dispatches from the Media Revolution and intends to expose the lies of American leadership in order to uncensor the “unhistory” of the Kent State massacre, while also aiming toward justice and healing, as censoring the past impacts #Occupy protesters today.

Notes

[1.] For more background on Kent State and the many conflicting interpretations, see Scott L. Bills, Kent State/May 4: Echoes Through a Decade (Kent OH: Kent State University Press, 1982). Of particular interest for background on this chapter, see Peter Davies, “The Burning Question: A Government Cover-up?,” in Kent State/May 4, 150–60. For a full account of Davies’s work, see The Truth About Kent State: A Challenge to the American Conscience (New York: Farrar, Straus & Giroux, 1973). For a listing of other works see Selected Bibliography on the Events of May 4, 1970, at Kent State University, http://dept.kent.edu/30yearmay4/source/bib.htm.

[2.] John Mangels, “New Analysis of 40-Year-Old Recording of Kent State Shootings Reveals that Ohio Guard was Given an Order to Prepare to Fire,” Plain Dealer (Cleveland), May 9, 2010, updated April 23, 2012, http://blog.cleveland.com/metro/2010/05/new_analysis_of_40-year-old_re.html; Interview with Stuart Allen analyzing new evidence who said of the efforts, “It’s about setting history right.” See the footage “Kent State Shootings Case Remains Closed,” CNN, added April 29, 2012, http://www.cnn.com/video/?/video/us/2012/04/29/justice-department-will-not-reopen-kent-state-shootings-case.cnn.

[3.] Submitted for the Congressional Record by Representative Dennis Kucinich, “Truth Emerging in Kent State Cold Case Homicide,” by Laurel Krause, http://thomas.loc.gov/cgi-bin/query/z?r111%3AE14DE0-0019%3A. For a brief introduction on the history and emerging historiography of the Kent State shootings, see Mickey S. Huff, “Healing Old Wounds: Public Memory, Commemoration, and Conflicts Over Historical Interpretations of the Kent State Shootings, 1977–1990,” master’s thesis, Youngstown State University, December 1999, http://etd.ohiolink.edu/view.cgi?acc_num=ysu999620326.

For the official government report, see The Report of the President’s Commission on Campus Unrest (Washington: US Government Printing Office, 1970), also known as the Scranton Commission. It should be noted that the Scranton Commission stated in their conclusion between pages 287 and 290 that the shootings were “unnecessary, unwarranted and inexcusable” but criminal wrongdoing was never established through the courts and no one was ever held accountable for the shootings. Also, it should be noted, that the interpretation that the guard was ordered to fire conflicts with Davies’s interpretation, in note 1 here, that even though he believes there was a series of cover-ups by the government, he has not attributed malice. For more on the Kent State cover-ups early on, see I. F. Stone, “Fabricated Evidence in the Kent State Killings,” New York Review of Books, December 3, 1970, http://www.nybooks.com/articles/archives/1970/dec/03/fabricated-evidence-in-the-kent-state-killings.

[4.] Mangels, “Kent State Tape Indicates Altercation and Pistol Fire Preceded National Guard Shootings (audio),” Plain Dealer (Cleveland), October 8, 2010, http://www.cleveland.com/science/index.ssf/2010/10/analysis_of_kent_state_audio_t.html.

[5.] Kent State Shooting 1970 [BX4510], Google Video, at 8:20 min., http://video.google.com/videoplay?docid=-3727445416544720642.

[6.] Editorial, “Kent State: The Politics of Manslaughter,” Nation, April 30, 2009 [May 18, 1970], http://www.thenation.com/article/kent-state-politics-manslaughter.

[7.] Charles A. Thomas, Kenfour: Notes On An Investigation (e-book), http://speccoll.library.kent.edu/4may70/kenfour3.

[8.] John Kifner, “4 Kent State Students Killed by Troops,” New York Times, May 4, 1970, http://www.nytimes.com/learning/general/onthisday/big/0504.html#article.

[9.] Voting age was twenty-one at this time, until the passage of the Twenty-Sixth Amendment to the US Constitution in 1971, which lowered the voting age to eighteen, partially in response to Vietnam War protests as youth under twenty-one could be drafted without the right to vote.

[10.] It should also be noted, that Rhodes was running for election the Tuesday following the Kent shootings on a law and order ticket.

[11.] “My Personal Testimony ROTC Burning May 2 1970 Kent State,” YouTube, April 28, 2010, http://www.youtube.com/watch?v=6ppBkB4caY0&feature=youtu.be; Freedom of Information Act, FBI, Kent State Shooting, File Number 98-46479, part 7 of 8 (1970), http://vault.fbi.gov/kent-state-shooting/kent-state-shooting-part-07-of-08/view.

[12.] The Project Censored Show on The Morning Mix, “May 4th and the Kent State Shootings in the 42nd Year,” Pacifica Radio, KPFA, 94.1FM, May 4, 2012 live at 8:00 a.m., archived online at http://www.kpfa.org/archive/id/80293 and http://dl.dropbox.com/u/42635027/20120504-Fri0800.mp3. For Wellin on ROTC, see recording at 28:45.

Show description: The May 4th Kent State Shootings 42 Years Later: Justice Still Not Served with Congressman Dennis Kucinich commenting on the DOJ’s recent refusal to reopen the case despite new evidence of a Kent State command-to-fire and the ‘sound of sniper fire’ leading to the National Guard firing live ammunition at unarmed college students May 4, 1970; Dr. Elaine Wellin, Kent State eyewitness shares seeing undercover agents at the ROTC fire in the days before, provocateurs in staging the rallies at Kent, and at Kent State on May 4th; we’ll hear from investigator and forensic evidence expert Stuart Allen regarding his audio analysis of the Kent State Strubbe tape from May 4th revealing the command-to-fire and the ‘sound of sniper fire’ seventy seconds before; and we hear from Kent State Truth Tribunal director Laurel Krause, the sister of slain student Allison, about her efforts for justice at Kent State and recent letter to President Obama..

Also see Peter Davies’ testimony about agents provocateurs and the ROTC fire cited in note 1, “The Burning Question: A Government Cover-up?,” in Kent State/May 4, 150–60.

[13.] The Assassination Archives and Research Center (AARC), “Volume 2: Huston Plan,” http://www.aarclibrary.org/publib/contents/church/contents_church_reports_vol2.htm.

[14.] Associated Press, “Kent State Settlement: Was Apology Included?,” Eugene Register-Guard, January 5, 1979, http://news.google.com/newspapers?nid=1310&dat=19790105&id=xvJVAAAAIBAJ&sjid=BuIDAAAAIBAJ&pg=3696,963632.

[15.] Mangels, “Justice Department Won’t Reopen Probe of 1970 Kent State Shootings,” Plain Dealer (Cleveland), April 24, 2012, http://www.cleveland.com/science/index.ssf/2012/04/justice_department_wont_re-ope.html; and kainah, “Obama Justice Dept.: No Justice for Kent State,” Daily Kos, May 2, 2012, http://www.dailykos.com/story/2012/05/02/1086726/-Justice-Dept-No-Justice-for-Kent-State.

[16.] Mangels, “New Analysis.”

[17.] Letters between the Department of Justice and Representative Dennis Kucinich, archived at the Congressman’s website, April 20 and April 24 of 2012, http://kucinich.house.gov/uploadedfiles/kent_state_response_from_doj.pdf and http://kucinich.house.gov/news/documentsingle.aspx?DocumentID=292306.

[18.] Mangels, “Kent State Shootings: Does Former Informant Hold the Key to the May 4 Mystery?,” Plain Dealer (Cleveland), December 19, 2010, http://www.cleveland.com/science/index.ssf/2010/12/kent_state_shootings_does_form.html.

[19.] Freedom of Information Act, FBI.

[20.] The Project Censored Show on The Morning Mix, “May 4th and the Kent State Shootings in the 42nd Year.”

[21.] Steven Rosenfeld, “Will a Militarized Police Force Facing Occupy Wall Street Lead to Another Kent State?,” AlterNet, May 3, 2012, http://www.alternet.org/rights/155270/will_a_militarized_police_force_facing_occupy_wall_street_lead_to_another_kent_state_massacre.

[22.] Ibid.

[23.] Laurel Krause, “No More Kent States,” Mendo Coast Current, April 21, 2012, https://mendocoastcurrent.wordpress.com/2012/04/21/13-day-for-kent-state-peace.

[24.] Laurel Krause, “Unjustified, Indefensible, Wrong,” Mendo Coast Current, September 13, 2010, https://mendocoastcurrent.wordpress.com/2010/09/13/unjustified-indefensible-wrong.

[25.] Associated Press, “Bloody Sunday Report Blames British Soldiers Fully,” USA Today, June 15, 2010, http://www.usatoday.com/news/world/2010-06-15-Bloody-Sunday-Ireland_N.htm; and Cameron’s direct quote from Henry McDonald, Owen Bowcott, and Hélène Mulholland, “Bloody Sunday Report: David Cameron Apologises for ‘Unjustifiable’ Shootings,” Guardian, June 15, 2010, http://www.guardian.co.uk/uk/2010/jun/15/bloody-sunday-report-saville-inquiry.

[26.] Laurel Krause, “To the Hague: Justice for the May 4th Kent State Massacre?,” Mendo Coast Current, May 7, 2012, https://mendocoastcurrent.wordpress.com/2012/05/07/may-4th-kent-state-massacre-a-call-for-truth-justice; for more on the Kent State Truth Tribunal, see http://www.TruthTribunal.org.

 

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May 9, 2012 ~ The killing of four students on the campus of Kent State, Ohio, on May 4, 1970, during a demonstration against Nixon’s expansion of the Vietnam War into Cambodia received new attention on April 23, 2012. The Obama administration’s Justice Department decided not to re-open the case in spite of evidence that the guardsmen had been ordered to shoot. This reminded the public that the question of who ordered the shooting has never been resolved.

The first of an occasional series on the place that has become TUC Radio’s new home: Mendocino County, Northern California, to honor extraordinary people and events in this remote region.

Here is the connection between a small local newspaper in Anderson Valley http://www.theava.com, a rural radio station, KZYX http://www.kzyx.org, a woman, Laurel Krause living on the Pacific ocean near a former logging mill town http://www.truthtribunal.org and a veteran radio programmer, Jeff Blankfort http://radio4all.net with events that shook the world in 1970.

Also referenced in this re-broadcast is Michael Moore, film maker Emily Kunstler and Congressman Dennis Kucinich. All together a piece of living history assembled in the mountains of Northern California. Recorded May 9, 2012.

Listen at Radio4All The Murders at Kent State

Listen at TUC Radio TUC Radio

Produced by Maria Gilardin

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[Editors Note: In November 2012, the Kent State Truth Tribunal was notified the International Criminal Court at the Hague refused our submission.]

May 21, 2012

Delighted to confirm acknowledgement of our Kent State letter from the ICC at the Hague from their letter dated 21 May 2012:

Dear Sir, Madam
The Office of the Prosecutor of the International Criminal Court acknowledges receipt of your documents/letter. This communication has been duly entered in the Communications Register of the Office. We will give consideration to this communication, as appropriate, in accordance with the provisions of the Rome Statute of the International Criminal Court. As soon as a decision is reached, we will inform you, in writing, and provide you with reasons for this decision.”

Our original letter sent on May 7, 2012

To the International Criminal Court at the Hague,

On May 4, 1970, Allison Krause, my sister, was shot dead by an Ohio National Guard bullet as she protested the Vietnam War, the American war draft and the military occupation of her college campus at Kent State University in Kent, Ohio, U.S.A.

For almost ten years following the massacre, my parents fought for truth and justice for Allison in the United States justice system. In the end we received a statement of regret and $15,000 for Allison. http://bit.ly/JkeGxG The United States government admitted no wrong doing and immediately afterwards, a high-ranking Ohio National Guard officer commented that the Kent State statement of regret was not an apology.

Please read our recent Kent State letter to President Obama at the White House. On 5/1/12 we sent our letter registered mail, requiring signature to the White House. Here is the 5/1/12 Kent State Letter at President Obama from the Krause Family: http://bit.ly/IEJIWV

Our call to President Obama for truth and justice at Kent State was brought about by the April 23, 2012 U.S. Justice Department’s decision and refusal to examine the new evidence in the May 4th Kent State Massacre. News story from the Cleveland Plain Dealer http://bit.ly/IOvOO7

The Department of Justice April 2012 responses to Congressman Dennis Kucinich and Alan Canfora (a wounded student at May 4th Kent State) also fail to recognize that four American student protesters were murdered on May 4, 1970. Congressman Dennis Kucinich’s 4/24/12 response to the Department of Justice: http://1.usa.gov/K9Q3oR

Recent letters on Kent State from the Justice Department address only civil rights and point to double jeopardy in bringing forth new court cases against the National Guard although we have no interest in pursuing new law suits against the National Guard at this time. http://1.usa.gov/IN6RDu

The Department of Justice questions the authenticity of the enhanced Kent State tape as they report the F.B.I. Cleveland office destroyed key Kent State evidence, the original Strubbe Kent State tape, in 1979.

In the U.S. Justice Department’s refusal to recognize the authenticity of the enhanced Kent State tape recording, they also choose to ignore leading forensic evidence expert Stuart Allen’s new analysis, even though Allen analyzed the very same tape recording entered into evidence in my father Arthur Krause’s Kent State court cases.

In the 2010 forensic analysis of the enhanced Kent State tape, Allen verified the existence of the long-denied Kent State Command-to-Fire as well as four pistol shots fired by FBI informant/provocateur Terry Norman 70 seconds before the Command-to-Fire. It is believed when Norman fired his pistol, he signaled the National Guard with the ‘sound of sniper fire’ to shoot live ammunition at unarmed American students. Watch this 4/29/12 CNN report on the Kent State Tape with Stuart Allen: http://bit.ly/IGvDUn

Human rights ended at Kent State the moment the first shot was fired, transforming the historic May 4th Kent State Massacre into homicides in the killing of Allison Krause, Jeffrey Miller, Sandy Scheuer and William Schroeder. For more than 42 years the United States government refuses to acknowledge loss of life resulting from their actions on May 4, 1970. It is for this reason we implore the ICC to consider the May 4th Kent State Massacre.

In the United States government’s actions to only address the wrongs of May 4th Kent State from a civil rights perspective, the killing of American protesters remains legal and wholly-unaddressed. Because of this, we have grave concerns for the welfare of Occupy protesters in America now.

The U.S. Federal government crossed the line in firing live ammunition at young Americans, killing four and wounding nine students on the Kent State University campus, just past noon on May 4, 1970. From the 2010 analysis of new evidence at Kent State, we have learned the truth at Kent State is the May 4th Kent State Massacre was a planned American government action managed by the F.B.I. http://bit.ly/HcliUa

In our email to the Hague, and for the reasons indicated above, the Krause family asks for the May 4th Kent State Massacre to be considered before the International Criminal Court.

No More Kent States,

Laurel Krause
Director

Kent State Truth Tribunal

www.TruthTribunal.org

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May 1, 2012

President Barack H. Obama
The White House
Washington DC 20500

Dear President Obama:

ImageLast week my mother Doris Krause urged me to write a personal letter to help you understand the May 4th Kent State Massacre from a mother’s perspective, one parent to another. Voicing my reluctance to write again, I said, “I’ve written to President Obama more times than I can count.”

But Mom insisted, “Laurie, I want you to write about our family and how we’re similar to President Obama’s family. Let him know what happened when Allison went to college at Kent State, how she was shot dead protesting the Vietnam War by the National Guard on her campus. How afterwards your dad fought for the rest of his days, for Allison’s death to ‘not be in vain’ and how, even today, we have lost every Kent State battle for truth about Allison’s death.”

My 86 year-old mother, Doris Krause, was born and raised in Lorain, Ohio, growing up during the depression. When she was 20 years old, she married my dad Arthur just as he returned from service in WWII. Art and Doris Krause had two daughters, Allison and me.

In September of 1969, my big sister Allison went away to college. Allison was a smart, beautiful, loving, funny freshman enrolled in the Kent State University Honors College. She was deeply in love with her boyfriend Barry and was popular on campus. Allison had a special quality nearly impossible to describe, a compassionate, gorgeous, full-of-life young woman that seemed to have it all.

On April 23, 1970, our family celebrated Allison’s 19th birthday together in Kent, Ohio, going out for dinner. It was the last time any of us saw Allison alive.

Ten days later, our family life and world were torn apart forever. We heard about trouble at Kent State, then that Allison had been hurt. Frantically we searched for information on Allison but all the Kent phone lines were cut. Hours later we heard that Allison was dead on arrival at the hospital, killed by National Guard bullets.

Mr. President, there were no officials from Allison’s school, the state of Ohio or the National Guard to help us at the hospital when we identified Allison’s body on May 4th. Instead, at the hospital where her body lay still, we heard men with guns mutter to us, “they should have shot more.”

The 10 years following Allison’s murder were filled with lawsuits from the lowest courts in Ohio to the U.S. Supreme Court. I was going to college yet remember the government’s staunch resistance to our lawsuits and the utter unwillingness to share evidence or any reports on what happened to Allison in the May 4th Kent State Massacre. In 1979, the court cases ended with a settlement based on civil rights. http://bit.ly/1qd9tTO

During my family’s pursuit of justice for Allison we were constantly hounded by the FBI. Our phones were tapped, threats were made to my father, agents took pictures of us where ever we went. This harassment finally culminated in my father being offered a bribe. In the presence of author Peter Davies, my father was told to name his price for dropping his case, “One million, two million?” It was made clear that the bribe was coming through the Ford Foundation, and if he refused it, his job at Westinghouse and our family’s freedom would be in serious jeopardy. My father was furious and obviously turned this down in no uncertain terms, but the threats had a chilling effect on us. Every facet of our lives was ripped apart by Allison’s death and the endless harassment by our government.

Since May 4, 1970, the U.S. government has never allowed the Krause family to know the facts or see the evidence related to Allison’s murder on her Kent State campus. The truth at Kent State remained buried until recently in the examination of the Kent State Tape. http://bit.ly/R4Ktio

The Krause family rejects Attorney General Holder’s refusal to open a proper, impartial, independent investigation into the Murders at Kent State. We agree with Congressman Kucinich on Kent State, demanding the 2012 Department of Justice disclose their full report leading to their decision to close the books on Kent State again. http://1.usa.gov/IDiv2q

Two years ago, I began phoning the Justice Department about the new evidence found at Kent State, as the statute of limitations never lapsed on Allison’s murder. Mr. President, AG Holder’s Department of Justice refused my calls and kept sending me to the civil rights division even though Allison died at Kent State.

Last week’s Department of Justice letters on Kent State do not mention the loss of life on that campus, continuing this government ploy to deflect murder by pointing to loss of civil rights. A violation of Allison’s civil rights turned into homicide when they fired the bullets that took her away from us. http://1.usa.gov/IN6RDu

On May 4, 1970, just after noon as students were changing classes and a protest was called, the National Guard shot live ammunition at Kent State students. Our Allison was more than a football field away at 343 feet from the guardsmen that shot her to death. Since then, we have never learned what Allison did wrong to meet such a tragic, violent end. Our original call for ‘Allison’s death to not be in vain’ has been scrubbed from the history of the May 4th Kent State Massacre.

Coming back to what Mom asked me write to you, President Obama, she shared how, “The First Family is almost identical to the Krause family.” If this happened to your family President Obama, how do you think you’d survive this onslaught?

Last week Allison would have celebrated her 61st birthday. With the 42nd anniversary of Kent State approaching on May 4th, we continue to stand for Truth and Justice for Allison. We hope no more American families will bury their young as we did after Allison’s unnecessary and unwarranted death, with zero accountability by the May 4th Kent State Massacre perpetrators.

Please do not allow another Kent State anniversary to pass without truth and justice for Allison Krause and her fellow murdered classmates Jeffrey Miller, Sandy Scheuer and William Schroeder.

No More Kent States,

Laurel Krause
Kent State Truth Tribunal

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May 6, 2011

Dear Mr. President & General Holder,

My sister Allison Krause was killed at Kent State on May 4, 1970. I co-founded the Kent State Truth Tribunal with Emily Kunstler and we opened our doors for the first of three tribunals last year right around this time.

On May 1-4, 2010 we recorded, preserved and honored the stories of original participants and witnesses of the Kent State shootings on May 4, 1970. It was a blessing that my mother Doris Krause, 85, was able to be present for the beginning of the Kent State healing.

As I returned to my home in California, I received word from Mom that the Kent State Tape had been examined for the very first time and a story was breaking in the Plain Dealer tomorrow, article here http://bit.ly/aM7Ocm That she had given a quote applauding the news of this long-denied order to shoot. That it had been analyzed and verified by Mr. Stuart Allen, a top forensic scientist (also Stuyvestant colleague of General Holder).

In October 2010 at the Kent State Truth Tribunal, we invited Mr. Allen to participate as a meaningfully-involved participant, to examine the Kent State Tape before our cameras. At KSTT-NYC, I received word that there was more than the command on the Kent State Tape. That Mr. Allen, in preparing for his KSTT testimonial, discovered a violent altercation recorded just 70 seconds before the national guard command to fire and ensuing barrage, 67 shots for 13 seconds. Read http://bit.ly/als1xB

As we opened our doors in NYC for our KSTT on October 9-10, 2010, and as a result of Mr. Allen’s shocking new evidence, Representative Dennis Kucinich, chair of the Domestic Policy subcommittee responded by immediately opening an investigation into the Kent State shootings. http://bit.ly/cO69Yx

Then the other shoe dropped. The Democrats lost the election and Rep Kucinich lost his seat as chair in the Domestic Policy subcommittee. http://bit.ly/hmM2SH

Looking back on my Kent State path, I was 15 years old when Allison was murdered. For nine years after, my family life and world were also blown apart forever, especially as my folks pursued justice for Allison in the courts. Mr. President, no one from the government ever came to help us, except for Senator Ted Kennedy, and now recently with Rep Dennis Kucinich.

Recollecting those horrible years, I remember my Dad entering the Kent State Tape into evidence in his lawsuits. Lots of folks called Dad Krazy Krause, he would not let this go. 40 years later, it was heartening to realize Dad knew that the tape held the key to the truth at Kent State. It has taken us over 40 years to be able to decipher and once in for all, hear the recorded sounds via Mr. Stuart Allen’s expertise and kgb audio software.

Mr. Allen verified the long-denied ‘order to fire’ at the unarmed students, and surprisingly discovered new evidence in the violent altercation between Mr. Terry Norman and students. Mr. Allen heard Mr. Norman’s later surrendered pistol shoot off four pistol rounds, creating the sniper fire claimed by the national guard. Mr. Norman was a consensual informant for the F.B.I. and working that day. More on Mr. Norman http://bit.ly/gSN9pP and http://bit.ly/994afB

Mr. Norman is one of many present that day, cogs in the wheel delivering four homicides on May 4, 1970 and crossing the line at Kent State, yet Mr. Norman’s actions directly connect the FBI with the command to fire. Mr. Norman’s actions prove the intent to create, as in instigate sniper fire 70 seconds before the guard shot. Now we understand the odd ‘Alright’ in the ‘command to fire’ order.

It is for this reason that I formally request you Mr. President examine the new evidence in this cold case homicide of Kent State. Furthermore I ask you to create an impartial and unaffiliated team to investigate the F.B.I. This is the same instruction I gave Congressman Kucinich.

From Wikipedia: Impartiality is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons.

Mr. President and General Holder, please examine the new evidence in the Kent State Tape.

Sincerely,

Laurel Krause

P.S.   Recent writing on learning the truth at Kent State in 2010, also published at the request of Rep Dennis Kucinich in the 2010 Congressional Record: Truth Emerging in the Kent State Cold Case Homicides http://bit.ly/fgI0h2

*******

Laurel Krause’s 6/9/2011 video on the new Kent State evidence and our call for a Kent State Inquiry in 2011:

Arthur Krause’s response to the slaughter of Allison Krause, his daughter, May, 1970:

She resented being called a bum because she disagreed with someone else’s opinion. She felt that our crossing into Cambodia was wrong. Is this dissent a crime? Is this a reason for killing her? Have we come to such a state in this country that a young girl has to be shot because disagrees with the actions of her government?

In today’s snail mail letter, I also enclosed my father’s words & image:

Yesterday on the Internet I discovered Arthur Krause’s words from 1979 and wish to share them with you. Here’s a picture of united Kent State, May 4th folks at a press conference, taken at the end of their nine year search for justice through the judicial system.

Arthur Krause is the tall man in the back, smoking a cigarette & my mom Doris Krause sits in front of him. My father shared, “The thing that I hope people remember … is that it could happen to their child. I was like everyone else and then it happened to us.”

Arthur and Doris Krause carry on their lives ten years after the incident, but the pain and the lessons of the last ten years are evident. “I think we are all responsible for the killings at Kent. You can’t get away from the hatred being spread by national leaders during that time. That political period was one which bred hate and with Nixon and Rhodes fanning the fires you can expect killings to result.”

Krause, the parent who initially began the quest for justice in the Kent State case continued, “I knew what was going to happen; that justice would not be served, but I wanted to make sure that there was pressure applied. In the beginning the other families were not as believing that nothing would be done; I think they thought I was some sort of radical. But I can tell you that if you don’t stand up for your rights they will be taken away from you just like they were from Allison and the others.”

Arthur and Doris Krause have mixed feelings about the 1979 settlement. “We don’t want the damn money ~ we want the truth. If we had wanted the money I would have accepted the one and a half million dollar bribe I was offered to drop the civil suit, offered to me in the presence of Peter Davies in 1971.

We want the facts out about how the four died. We aren’t afraid of the truth. We aren’t the ones who have been saying ‘no comment’ for the past ten years.”

Arthur and Doris Krause hope the movie would generate more of the same hate mail they have received for the past ten years. “They always point out that my daughter had gravel in her pockets . . . that this was the rationale for killing her . . . why didn’t they throw gravel at her?”

“The political climate is very similar to that in 1970,” Krause added, “Kent State, 1970 means we no longer have our daughter, but it also means something to all Americans. Our court battles establish without a doubt one thing. There is no constitution. There is no Bill of Rights.” ~ Arthur S. Krause

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MendoCoastCurrent, May 4, 2011

Jennifer Schwartz on her cousin Allison Krause at the 41st commemoration of the Kent State Shootings, May 4, 1970

My name is Jennifer Schwartz and I am Allison Krause’s cousin and also among the first generation of our family who never met Allison.

What can I tell you about my beloved cousin? I was less than a year old when she was shot dead on May 4, 1970. Had she not been killed, I would most certainly have known her.

I have spent my life trying to right this wrong in my own way, trying to get closer to her, to know her, endeavoring to honor her and make Allison proud. So I thank you for inviting me here today to tell you some of what I have learned about Allison from books and published articles, from her friends, from our family and from my efforts at the Kent State Truth Tribunal.

Allison Beth Krause was the cherished first of two daughters born to Arthur and Doris Krause, living in Cleveland Heights. Although roughly 10 years older than Allison, my father Marvin Schwartz remembers many summers playing with the Krause girls. My Dad talks about Allison as a sweet, fun, clever, pretty and vivacious girl. Many of Allison’s friends in Cleveland still remember her from those days back in grade school.

In the early sixties, Allison’s family went for Sunday drives out to the country often ending up at Kent, dining at the Robin Hood and enjoying the pastoral campus. Remarkably, at a very early age, Allison made her decision to attend college at Kent State University.

Her father’s job at Westinghouse moved the family to Pittsburgh in the mid-sixties and then on to Wheaton, Maryland where Allison attended John F Kennedy high school. Many of Allison’s classmates were children of government employees, and with them Allison developed an active awareness of global issues and a well-formed understanding of American history, politics and civil rights.

As she found her political voice in high school, Allison joined the young people of those times who were against the ever-expanding war in Vietnam, and the draft lottery. She lent her voice to the calls for peace at demonstrations in Washington DC.

Allison’s father Arthur was a veteran of WW11. Back in the late sixties he was pro-Vietnam, like many of his generation. Allison’s sister, Laurel remembers many heated dinner-table arguments where she and her big sister objected to the war and nuclear weapons. It was a scene like so many other dining room debates back then.  From those debates, Allison knew: As an American she had a right to freedom of speech and a right to engage in peaceful assembly, all guaranteed by the first amendment.

Yet Allison was more than anti-war protester and advocate of civil rights. She was an active, caring person and was considering a career in a helping profession such as art therapy. My aunt Doris Krause recounts this story of Allison’s volunteer work at a hospital for the mentally disabled.  “She would go there at night and play basketball with them… and her biggest day that she had was when she came home and told us that one of the men had talked to her, and he hadn’t talked to anybody in a long period of years.  And she was so gratified by that.  So she had potential.  She was a smart girl and was just cut down.”

In the fall of 1969, Allison started college as a freshman here at Kent State. Her family had recently moved back to Pittsburgh, so Allison was still close to home. Allison lived in Metcalf Hall, and later Engleman, did well academically as an honors student, made friends quickly, and met another student, the love of her life, Barry Levine. Barry describes Allison as “a sweet, intelligent, loving, warm, intelligent, compassionate, creative, funny, intelligent girl.  As bright as they come.”

That fall, Allison traveled to Washington DC, like hundreds of thousands of other young people, taking part in a huge anti-war demonstration and peace rally.

In her last days, Allison reveled in the first Earth Day Celebration held on April 22, 1970. Buckminster Fuller erected a geodesic dome right here on the commons, just a few steps from Allison’s dorm. The following day, April 23rd, was Allison’s 19th birthday. Her family came in from Pittsburgh to celebrate, never imagining this would be the last time they would see her alive.

Allison assembled with others on Friday May 1st as she vehemently disagreed with the U.S. government’s decision to escalate the war and send more troops into Cambodia.  She spent the first weekend of May with friends, doing schoolwork, enjoying the first breath of Spring, but at night, running from the military and helicopters on campus, now occupied by the National Guard, the Highway Patrol, and campus and town police.

On Sunday afternoon May 3rd, Allison spent time outside, socializing with friends and started talking with some guardsmen among the blooming lilacs.  I have heard different accounts of this story, some say Allison placed a flower in the barrel of one Guardsman’s gun, others say the flower was already there. What is certain, is that those moments have been preserved in several photographs. That guardsman’s smiling face is absolutely beaming in the pictures, there with Allison, the flower, his rifle, and the irony and release of tension they all felt in that moment, as human beings who were on opposite sides of a conflict. And when Allison witnessed that guardsman’s superior come along and reprimand him there for having a silly flower in his gun barrel, Allison responded, “What’s the matter with peace? Flowers are better than bullets.”

The next day Allison attended the peace rally at the Victory Bell at noon with her boyfriend Barry. She was unarmed. She was vocal. I do not believe that Allison thought her life might be in danger on her own college campus. Not in America. Surely there weren’t real bullets in those guns… But there were bullets and there was intention to kill protesting students.

My cousin Allison Krause was shot dead in the Prentice parking lot, roughly a football field away from the shooting guardsmen. A steel jacketed, armor piercing bullet fragmented on impact in her left chest, according to the autopsy. She died on the way to the hospital, in Barry’s arms.

Who was my cousin? I wish I could tell you, but as mentioned, I never met her. And still, I stand here to say we will never forget her!

We honor her memory by emulating her actions. Personally, in my professional life as an art therapist, in my volunteer work as a community organizer, as a mother of a little girl named Allison, as a peacemaker, as an earth-conscious consumer, as a citizen and active participant in government… in all of these actions every day of my life, I honor Allison, and all those murdered at Kent State on May 4th.

This time last year, I memorialized the 40th Anniversary in the way I think Allison would have appreciated. With Laurel Krause, Emily Kunstler and the Kent State Truth Tribunal crew, we recorded and preserved the personal narratives of original participants and witnesses of the Kent State Shootings. The emotional healing that we witnessed during our four days together was immense. I encourage you to take a look at our project online at http://www.TruthTribunal.org.

In closing, I must tell you briefly about one powerful piece of  healing that is not viewable in the Kent State Truth Tribunal video archives. On the second day as I was greeting and checking in KSTT participants, a man, whom I later recognized from the photos to be THAT guardsman, the one with the flower in his rifle, came through the tribunal doors to share his truth & find his own healing. He did not want to film his story with us. And yet, he was there. Though he didn’t identify himself by name, he bravely told me that he had been among the guardsmen that weekend in 1970. I remember looking into his eyes as he spoke his truth to me for several long minutes. He simply came, as so many others did last year, to unburden himself, to try to heal his own wounds from Kent State and to connect with the spirit of truth.

Since last May, at KSTT NYC, I greeted and checked in the forensic scientist Stuart Allen, who is Keynote here today. Before our cameras, he examined the Kent State tape.  He verified an order to shoot and exposed suspicious additional gunshots. Listening to that recording, cleaned up by Mr. Allen’s state-of-the-art technology was gut wrenching.

The Krause family asks the federal government to open up an investigation into this new evidence, the Kent State tape. Because we understand, there can never be true healing without truth and justice.  We further encourage our government to issue a formal acknowledgment of the wrongs of Kent State on May 4, 1970… 41 years later, it’s time!

Finally, what I know in my soul is this… that none of the accounts that I have presented to you today can truly do Allison justice without justice being done. Allison believed in a just world.  She put her life on the line for it. Let us never give up in our pursuit of justice and healing at Kent State.

*****************

Watch Jennifer Schwartz’s 5/4/11 speech at the 41st anniversary of the Kent State Shootings ~

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MendoCoastCurrent, May 4, 2011

On May 4, 1970 Fours Students Died and Nine Were Wounded at Kent State.

Please Watch & Learn ~

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LAUREL KRAUSE, April 25, 2011

HERE WALKS my dad, Arthur Krause with Reverend John Adams and other protesters on his last trip back to Kent State. His daughter and my sister, Allison Krause, was slain at Kent State University in the student protest against the Vietnam war on May 4, 1970, a day that forever changed our family and civil rights in America … a day that changed America.

Approaching the anniversary of Allison’s killing, the energy from that time calls out with new evidence and the truth. Current events and the emergence of new evidence in the Kent State Strubbe tape http://bit.ly/1gcCCWo, demanding we as a democratic, just nation must re-examine what went down in the sixties, ending at Kent State on May 4, 1970 … when the state slaughtered protesters, a crime against man.

A remarkable cosmic signpost arrived on March 11, 2011 when a 7.1 earthquake struck Japan, creating a tsunami that came to our shores with the emerging Fukushima nuclear disaster. Very early that morning I awakened to a reverse-911 telephone call recommending those near water and inlets on the coast move to higher ground for safety from the approaching tsunami due at 7:23am, my account here http://bit.ly/gOovLw Article on the north coast tsunami and damage to the harbor in our community ~ http://bit.ly/gWy090

As I waited at higher ground from 7:00 am on into the afternoon, I realized how this world event had transformed humanity … the way we live together globally. Hours after that massive shake, we were shown on every level that what happens there, happens here as we are all connected on this third planet from the sun.

Most importantly, the nuclear event at Fukushima shows us the deeply polluting, over-reach of corporations, echoing George Orwell’s 1984 and Kurt Vonnegut’s Cat’s Cradle. Fiction from the 60’s now becomes commonplace reality in 2011.

General Electric, the developer of the nuclear technology used at Fukushima also conceived the overall design, organized the construction and manufacture of Fukushima’s parts. GE literally put together the concept behind and the ‘gears’ of the Fukushima nuclear reactor.

Yet following this tsunami in Japan and the nuclear alert created at Fukushima, GE’s first step was to protect their corporate interests and distance the General Electric, GE brands, claiming TEPCO’s majority ownership. Corporate-owned media machines backed them by never referring to General Electric as a player in this nuclear horror, following the same playbook as the BP Deepwater Horizon disaster and the BP brand from last year.

GE continues to disassociate itself from Fukushima and in these actions, GE takes no responsibility for the nuclear plant they designed and built years ago, pointing the finger instead at their customer and partner TEPCO, another corporation.

We also see how the Corporatists eat their own, shown last week with BP bringing lawsuits against Transocean and the blow-out protector manufacturer. Each of these players, along with BP, are clearly responsible for the world’s worst oil disaster and how it continues to evolve ~ polluting, degrading and jeopardizing the eco-health of a large portion of planet Earth.

When will these offending corporations take responsibility and engage in the required significant remedial clean-up (as in making whole again) as well as thorough research or analysis of the eco-damaging event? When will we demand accountability and hold their feet to fire? To date that is nothing beyond a handful of lawsuits, pay-outs, fines and, yes, bonuses and awards in 2010 to Transocean for safety, of all things.

Lest we not forget newly-awarded energy contracts just signed by the US government and BP. Or the two TEPCO-directed nuclear plants to be built in Texas with $4B of tax payer-derived funds. All’s going great in eco-disasterville for Corporatists in America.

Back to Fukushima, the US nuclear energy lobby and US reactor manufacturers (top players, GE & Westinghouse-now Hitachi) without pause, continue skipping down the same development path, lacking proven safety procedures and offering not one innovative effort to safely begin bioremediating the nuclear disaster as it unfolds in Japan.

Just days after Fukushima began it’s radiation spew and without missing a beat, President Obama announced US commitment to continue to fund and develop new nuclear reactors as a key energy technology for our country. As their response to Fukushima, China, Germany and many other countries have placed moratoriums on new development in nuclear energy with Germany going a step further to begin de-commissioning every nuclear reactor there.

At my local supermarket a colleague whispered that the GE engineers, the guys that originally conceived of these water boiling nuclear reactors for GE, left the corporation quickly thereafter, quitting to become anti-nuke advocates. They realized the power unleashed in the technology they created, along with humanity’s inability to control or harness nuclear fission in a disaster scenario … like a tsunami.

Going back more than 40 years ago and related to nuclear energy, I remember heated arguments around the Krause family dining room table circa 1967-69. Allison, my sister, was 16-18 and I was 12-14. Dad was pro-Vietnam war, voted for President Johnson and worked in management at Westinghouse Electric Corporation. Because of this Dad was de facto pro-nukes. Allison was against the Vietnam war her friends were being drafted into and against the dangers of nuclear weapons as well as nuclear reactor manufacturers. I stood with Allison, Mom with Dad, as the nightly battles ensued.

Before Allison and I were born, Dad came home from WWII and he married my mom Doris. They moved to Chicago where he studied at Illinois Institute of Technology. His first job was at Westinghouse and it became his lifelong employer, common back then.

His employment at Westinghouse Electric Corporation was a big part of our family life. My folks first settled in Cleveland, Ohio. Then in 1963 we moved to Westinghouse headquarters in Pittsburgh, PA. From there we moved to Wheaton, Maryland with dinner arguments as Allison found her voice, progressing through high school.

Going back to 1967, the emerging counter-culture energies of the sixties were in high gear ~ like we have never really seen since. As a pre-teen, I looked up to my older sister by four years and we stood together as a united front against our parents, reflecting the generation gap back then.

TV news blasted widespread unrest, chronicling national protests as we watched bloody Vietnam warfare footage with body-bags of returning killed American soldiers. Many of the dead draft-age men had never voted for or against the war as the voting age was 21, changing to 18 in 1971.

Back then our folks, especially Dad was a lifelong democrat, supporting President Johnson’s Vietnam war. Allison locked horns with Dad about the war and how he made his living, his jobs at Westinghouse involved streamlining systems, progressing to creating the computerized shipping & tracking systems for shipping Westinghouse nuclear reactor parts worldwide.

Allison and most everyone her age back then was pissed off at the US Government. By 1968, Allison was protesting the draft and the war in Vietnam with all her friends … no one wanted to die for the war in Vietnam.  Male friends her age were required to participate in a lottery, being drafted into the war. To escape the draft, many peaceful folks enrolled in college or dodged the draft by going to Canada as it became impossible to get Conscientious Objectors status. If you drew a bad lottery number based on birthdate, you were forced to make some very serious decisions.

As the Vietnam war progressed and President Nixon was elected in ’68, Nixon grandstanded on his secret plan to end the war as he covertly full-throttled secret bombings in Laos and Cambodia that started early in his first term in 1969.

Stoking the embers of the Indochine wars and the war at home, President Nixon and his co-hort were working with the Huston Plan http://bit.ly/gIYTD1 taking aim at America’s younger generation like a enemy camp. At the end of the 60s, it had become open season on American youth against the war … a tsunami of persecution, including deadly harassment from the Nixon administration, the Dept. of Justice, the FBI, cointelpro … doing it the J. Edgar Hoover way with help from the Dept. of Defense. Check out this photo album on the folks behind the Kent State Massacre. http://on.fb.me/hFGAgK

Back to the Krauses, as mentioned there was a riff about how Dad made his living. Dad was a well-respected and forward-thinking manager at Westinghouse Electric. He loved his job and enjoyed fixing systems so our family was transferred to plants that needed his help. As a young kid I remember Dad’s work colleagues greatly respecting his contributions. Years later Dad would receive the coveted Westinghouse ‘Order of Merit’ for his superior and lifelong contributions.

In our home back then, my sister and I did not share that pride for our father’s work. We also knew that by-products from nuclear reactors contributed to the manufacture of nuclear weapons, something else we were wishing to eradicate. We felt the conflict around Dad’s activities and the income he provided at the expense of our safety on Earth and our environment. We knew it back then and brought it to his attention.

That wound between Dad and Allison never healed. Allison continued to protest against the war and for honoring our environment.

In a ruinous, forever-changing chapter for our family, Allison Krause became one of four students slaughtered by the US government on May 4, 1970 as she protested the Vietnam War, the draft and the military occupation of her campus, Kent State University. Allison stood for peace, saying on May 3rd, “What’s the matter with PEACE? Flowers are better than bullets.”

The day after Allison’s death, in our backyard Dad made his plea before television cameras and in TV sets across America. In Dad’s passionate and emotional speech, he demanded that Allison’s “death not be in vain’ as he recanted about Allison:

She resented being called a bum because she disagreed with someone else’s opinion. She felt that our crossing into Cambodia was wrong. Is this dissent a crime? Is this a reason for killing her? Have we come to such a state in this country that a young girl has to be shot because disagrees with the actions of her government?

As Dad learned his eldest child was murdered by the US government as she protested the Vietnam war, something he didn’t agree with, he fought back for Allison’s stolen life and civil rights ~ for the lives and rights of Jeffrey Miller, Sandy Scheurer and William Schroeder on May 4, 1970.

Within the year President Nixon’s men strongly encouraged my folks to stop demanding investigations, drop every legal inquiry, offering Arthur Krause bribes for millions of dollars and my father turned them all down. Just the same, our family was put under surveillance by the FBI for years, continuing to this day.

The Kent State law suits were heard in court houses all the way to the US Supreme Court and back over the next nine years. In 1979, Dad’s efforts settled at $15,000 with a plaintiff’s civil settlement statement and the ‘statement of regret’ was personally signed by each of the guardsmen that shot at Allison, along with their commanders ~ something Dad insisted on.

Dad fought for Allison’s right to protest and her murder at the hands of the United States government until the end of his days. Arthur Krause knew that the murders at Kent State 1970 were personal for us, yet important for all.

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MendoCoastCurrent, April 23, 2011

Recollections on what would have been my sister Allison Krause’s 60th birthday. Instead at 19, Allison was murdered by the United States government at Kent State University on May 4, 1970 as she protested the Vietnam war & the military occupation of her campus.

Allison had just graduated from JFK High in Maryland the summer of 1969. It was Woodstock Summer http://youtu.be/Vv98-4eOJbU where everywhere in the US, especially in DC, was exploding with political discontent, an escalating war in Vietnam & the feminist movement was finding its voice.

Hope for peace was abound, as well as concern for taking care of mother earth. Probably the innocence of youth yet so many young people were coming together in wishing to create a better world. Allison Krause, my sister, was actively taking part.

Allison’s decision to go to college at Kent State University in the coming Fall was made quite young. Allison & I were born in Cleveland & raised in our early years in Cleveland Heights. As a family on Sundays, we often took drives out in the country.

As far back as I can remember Allison knew she was going to go Kent State University when she went to college. Eating at the Robin Hood restaurant, remembering this warm family memory with Allison loving the pretty campus of Kent State, especially in the spring with the lilacs.

So when Allison made her decision to go to college, Kent State University in Ohio was her only choice & application.

That Summer of ’69 our folks were gone many weekends ~ traveling, finding & buying our new home in Pittsburgh for a move by Fall as my father was transferred to Westinghouse Electric HQ.

It was bittersweet for Allison as she was leaving a closely-knit circle of friends & her Maryland home, yet that Summer I remember weekend parties at our house. In 1969 Allison was 18, I was 14 & I smile ~ the ‘times they were a’changin’ & we were a’groovin’.

Unhappily, our parents forbade Allison from going to Woodstock. I still feel sad about that, thought she would have enjoyed being with her people, that beautiful, pinnacle of a moment in time. For Allison: Jimi Hendrix ~ Angel http://bit.ly/t6on7h

The Fall of 1969, Allison went to college & studied as a freshman at Kent State University. The Krause family had moved to Pittsburgh, PA & I was in junior high back in the ‘burg. This was our second time in Pittsburgh for my dad’s job at Westinghouse.

Remembrance of the Fall into Winter of 1969 is mostly a blur. Can recall that Allison had met the love of her life quickly into being at college, that she had a large circle of friends, was thriving & learning. Allison traveled to Washington DC for a huge anti-war protest that Fall ~ http://youtu.be/AoeWqtjCJ_I She was also making plans to transfer to another college.

In the early Winter, Allison moved from a quad to a single dorm room closer in to the center of campus. She was into her art studies, her relationships & adopted a kitten, naming it Yossarian after the Catch-22 character, more here ~ http://bit.ly/fTEN36

Spring 1970 was also the first Earth Day. On April 22, 1970, my first Earth Day activities included going to an Earth Day event in Pittsburgh at Flagstaff Hill. More on Earth Day ~ http://bit.ly/gvbApV

Allison went to an even better venue for her Earth Day celebration in that it included Buckminster Fuller visiting the Kent State University campus in an expo, erecting his own geodesic dome on the commons. On Buckminster Fuller ~ http://bit.ly/fZRvIB

And Springtime meant birthday time ~ April 23, 1970 was Allison’s 19th birthday so I went to visit my big sis away at college, my first weekend adventure on my own, meaning without the folks in charge. Taking the train from Pittsburgh to Kent in just under three hours, Allison met me at the train tracks.

What a treasure that we were able to hang together on our own as sisters. We went to see the new movie ‘Woodstock’ together that weekend as my sister showed me her college world & introduced me to her friends.

My folks picked me up to go home that Sunday. Looking back now, realizing for the first time how blessed our family was to visit together that weekend.

Less than ten days later, on May 4, 1970 Allison Krause, Jeffrey Miller, Sandy Scheurer & William Schroeder were killed by U.S. military gunfire. As Allison died, she was protesting the Vietnam war & the military occupation of her college campus by the U.S. government.

Sharing Allison as her family knew her, video by Walter T. Wynn, ‘Dear Allison’

Another video also by Walter T. Wynn in memory of Allison Krause who said, “What’s the matter with PEACE? Flowers are Better than Bullets” the day before her death by gunfire ~ http://bit.ly/fdGT6Z

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JOHN MANGELS, The Plain Dealer, December 19, 2010

In the four decades since Ohio National Guardsmen fired on students and antiwar demonstrators at Kent State University, Terry Norman has remained a central but shadowy figure in the tragedy.

The 21-year-old law enforcement major and self-described “gung-ho” informant was the only civilian known to be carrying a gun — illegally, though with the tacit consent of campus police — when the volatile protest unfolded on May 4, 1970. Witnesses saw him with his pistol out around the time the Guardsmen fired.

Though Norman denied shooting his weapon, and was never charged in connection with the four dead and nine wounded at Kent State, many people suspected he somehow triggered the soldiers’ deadly 13-second volley.

In October, a Plain Dealer-commissioned exam of a long-forgotten audiotape from the protest focused new attention on Norman. Enhancement of the recording revealed a violent altercation and four gunshots, 70 seconds before the Guard’s fusillade. Forensic audio expert Stuart Allen said the shots are from a .38-caliber pistol, like the one police confiscated from Norman minutes after the Guard shootings.

The newspaper’s subsequent review of hundreds of documents from the various investigations of Norman, including his own statements, and interviews with key figures, uncovered more surprising information:

• The Kent State police department’s and FBI’s initial assessment of Norman was badly flawed, with failures to test his pistol and clothing for evidence of firing, to interview witnesses who claimed Norman may have shot his gun and to pursue the question of whether it was reloaded before police verified its condition.

• The Kent State police detective who took possession of Norman’s pistol, and whose investigation ruled out its having been fired, was directing Norman’s work as an informant and later helped him get a job as a police officer.

• Norman’s various statements about why he drew his pistol are inconsistent on some important details and are contradicted by other eyewitnesses. Also, Norman would barely have had time for what he claims to have done during that crucial period.

• Kent State officers knew Norman regularly carried guns, including on campus, even though the department’s chief and another local law enforcement official had doubts about Norman’s maturity and self-control.

• The FBI initially denied any connection with Norman, although the bureau had paid him for undercover work a month before the Kent State shootings. His relationship with the FBI may have begun even earlier than Norman has acknowledged, and he may later have had ties to the CIA.

• After the May 4 tragedy, Norman transformed from informant to cop to criminal.

Antiwar protest builds on Kent State campus

The tolling of Kent State’s Victory Bell, signaling the start of the antiwar protest, drew Norman to the commons just before noon on Monday, May 4, 1970

A camera hung from his neck. He wore thick-soled “trooper boots,” a gas mask he’d bought at a police supply store and a nickel-plated .38 in a holster hidden under his sport jacket.

He said he carried the snub-nosed, five-shot Smith & Wesson for protection. Norman was well known to campus activists, whose meetings he had begun trying to infiltrate in 1968, soon after he arrived as a student.

Norman’s conservative, law-and-order outlook clashed with the militantly anti-war, anti-authoritarian politics of groups like the Students for a Democratic Society. He showed up at their gatherings, trolling for information and snapping pictures until he was tossed out. He said he hoped the photos he regularly provided to the Kent State police department would help send activists to jail.

Throughout the weekend, Norman photographed the increasingly raucous protests at the request of campus police Detective Tom Kelley, his regular contact.

He carried his pistol Sunday night, while photographing demonstrators, and again Monday when he headed for class, with plans to take pictures at the noon anti-war rally. Norman said Kelley and FBI Agent Bill Chapin of the bureau’s Akron office asked him to attend, and either Kelley or Chapin had given him film.

As the Guardsmen moved out, with orders to sweep protesters off the commons and over Blanket Hill, Norman stuck close.

When the soldiers topped the hill and reached a football practice field on the other side, the protesters’ rock-throwing intensified. Norman moved inside a protective semi-circle of Guardsmen, waiting with them as officers discussed what to do.

Several times, Norman hurled stones back at demonstrators. He caught the attention of Guard Capt. John Martin, who wondered, “My gosh, where did that idiot come from and what’s he doing there?”
Finally, a commander ordered the Guardsmen to double-time back up Blanket Hill. Norman said he’d been preoccupied photographing some rock-throwers and missed the soldiers’ departure. He slipped into the crowd, hoping to blend in with several news photographers.

Terry Norman’s statements to police vary

What Norman did next remains in dispute.

Norman said that as the retreating Guardsmen neared the crest of Blanket Hill, he saw them halt, crouch and level their rifles. Like several other witnesses, Norman reported hearing a sharp sound, either a firecracker or perhaps a small-caliber gunshot, followed almost instantly by a torrent of Guard bullets.

He said he dropped to the ground and heard a round go over his head. That would place him on a slope south of Taylor Hall, near the Guard’s line of fire.

After the volley, Norman either “stayed put for a couple of minutes,” started for the campus police station, or headed up the hill toward the shooting site to take more photos, depending on which of his various statements to Kent State police, the FBI, the State Highway Patrol and lawyers one follows.

Norman said he then knelt to check on a “hippie-style person” whom he saw fall or whom he found lying on the ground. In some accounts, the downed man was bleeding from the face; in others, he was overcome by tear gas and his nose was running.

Norman said he moved to leave after determining the man was OK, but he was attacked. In one statement, he was chased and tackled by a group of demonstrators angered by his picture-taking. In others, his initial assailant was a man who grabbed for his camera and gas mask while someone else clinched him from behind.

Norman said he was pulled to the ground and “completely surrounded” by protesters chanting “Kill the pig!” and “Stick the pig!” In a couple of his statements, he claimed to have been hit by rocks and pummeled by fists.

He pulled his pistol (either from his holster or his pocket, depending on the statement) and told his attackers to back off or they were “going to get it.” He struck an assailant with his gun in some accounts but didn’t mention that in others. Then he said he ran down Blanket Hill and across the commons to seek shelter with the Guard, which had set up a secure area.

There, chased by two campus officials who yelled that Norman had a gun and may have shot someone, he surrendered his pistol to a Kent State police officer. A TV cameraman filmed the turnover. “The guy tried to kill me!” Norman says, agitated and panting. “The guy starts beating me up, man, tries to drag my camera away, hit me in the face!”

At no time, Norman maintained in all his statements, did he fire his gun. The attack and his defense, he said, happened after the Guard gunfire, meaning his actions could not have provoked the soldiers to shoot.

Audiotape raises questions about Terry Norman’s role

The altercation and four .38 pistol shots that analyst Stuart Allen uncovered in October 2010 on the audiotape raise questions about Norman’s story that he didn’t fire and that the Guard’s fusillade preceded his assault.

Seventy seconds before the soldiers shoot, the recording captures shouts of “Kill him!” followed by sounds of scuffling and four distinct discharges. An earlier analysis of the tape also revealed an order for the Guard to prepare to fire. It is not clear how or if the altercation, pistol shots and firing order are related.

But as early as the afternoon of May 4, 1970, there were claims that Norman’s gun had been fired four times. There also were available witnesses whose stories contradicted some details — or raised questions about the timing — of Norman’s assault. However, police and government records indicate that investigators did not quickly, rigorously pursue those leads.

When Norman surrendered his pistol, he handed it to Kent State patrolman Harold Rice, who in turn gave it to Detective Kelley. TV newsmen Fred DeBrine and Joe Butano of Cleveland station WKYC and Guard Sgts. Mike Delaney and Richard Day observed the exchange.

The four said they saw a Kent State officer — DeBrine and Butano identified him as Kelley, Norman’s handler as an informant — crack open Norman’s pistol, look inside and exclaim, “My God, it’s been fired four times!” The TV crew and the two Guardsmen also said they heard Norman state that he may have shot someone.

Kent State student Tom Masterson has acknowledged being Norman’s assailant. He said the confrontation happened after the Guard stopped shooting, which jibes with part of Norman’s story, but insisted he was the only one involved. “There was definitely no group of students that attacked him,” Masterson, a retired San Francisco firefighter, said in a recent interview. “There wasn’t time.”

Another Kent State student, Frank Mark Malick, saw a photographer matching Norman’s description waving his pistol as the Guard fired and aiming in the same direction as the soldiers, although Malick said he couldn’t tell if the photographer was shooting.

The FBI looked little into Norman’s involvement until 1973, three years after the incident, when the Justice Department reopened the investigation. Even then the bureau acted reluctantly, at the insistence of Justice Department lawyers.

There is no evidence in the various investigative agencies’ files that anyone attempted to probe the inconsistencies in Norman’s various statements or between his versions and other witnesses’ accounts. According to Norman, Kent State police allowed him to type his own statement.

The FBI interviewed him twice, on May 4 and May 15, 1970, but in no greater depth than other witnesses. The bureau relied on the Kent State police department’s determination that Norman’s gun had not been fired.

The audiotape of the Guard shootings and their aftermath, along with TV footage shot by the WKYC crew of Norman surrendering his pistol, provides an improbably tight time frame within which Norman’s assault and his run for safety would have to fit for his story to be true.

In less than 1 minute and 49 seconds, Norman would have had to check on the injured student, be attacked, draw his gun, free himself from his assailants, then cross more than a quarter-mile of steep terrain to reach the Guard’s rope line.

Norman testified before a federal grand jury in December 1973 as part of the revived investigation. His testimony remains sealed, as is typical. But whatever was said, and whatever additional facts were uncovered, the grand jury did not indict him.

Federal investigators “never left a stone unturned” about Norman, former Assistant Attorney General Stanley Pottinger, who directed the inquiry, insisted in a recent interview.

Although neither Pottinger nor his second-in-command on the Kent State probe, former federal Prosecutor Robert Murphy, recalls details of what Norman said, they both were satisfied his actions on May 4 played no role in the Guard’s shootings. “As far as we were concerned at the time, it was a non-issue in the overall events of what happened that day,” Murphy said recently.

Terry Norman’s gun changes hands

Terry Norman’s .38-caliber pistol represented the best chance for investigators to determine if he fired shots on May 4, but there were abnormalities in its handling from the moment it was confiscated.

A Kent State University police officer takes a pistol from Terry Norman on May 4, 1970. Norman had been taking photos of protesters at an anti-war rally and said he carried the gun for protection.

Norman gave his weapon to Harold Rice, a Kent State patrolman he knew well enough to call “Hal.”

In his report of the incident, Rice wrote that he popped open the cylinder to confirm the gun was still fully loaded and sniffed the barrel to rule out that it had been fired, before handing the weapon to Detective Kelley. The TV footage shows none of this; in fact, the plastic face shield on Rice’s riot helmet precludes bringing a gun close to his nose.

Kelley, who directed Norman’s informant work for the department, carried Norman’s pistol back to the police station. Kelley, in his official statement and later interviews, was adamant that he’d never said Norman’s gun had been fired four times and that examination showed it was fully loaded. Other officers whom Kelley directed to sight- and smell-check the weapon backed him up.

In Norman’s sworn deposition from 1975, he said he had loaded his gun before May 4 with three hollow-point bullets, one armor-piercing round and one tracer round. When Kent State police turned Norman’s pistol over to the FBI on May 5, the bureau noted that it contained four hollow-point bullets and one armor-piercing round. The investigative record does not indicate that anyone noted or probed the discrepancy.

No one tested Norman’s hands or clothing for gunpowder traces, and there is no record that campus police questioned him about whether he had reloaded or searched him for extra bullets or expended shells.

The FBI later noted the Kent State police department’s failure to preserve a chain of custody of Norman’s gun, reporting that it had passed through four officers’ hands, and that at least one of them couldn’t recall when he’d had the pistol.

That casual police attitude extended to Norman’s overall gun-handling. Norman said campus police “unofficially” knew he often brought weapons to school — one had bartered with him on the premises for a rifle or shotgun — even though Police Chief Donald Schwatzmiller considered Norman “gun-happy and very immature” and wanted to bar him from campus. Northampton Police Chief Larry Cochran, who knew Norman from his part-time security job at the Blossom Music Center, had similar concerns.

An FBI check in 1973 determined that Norman lacked the proper paperwork to legally carry a concealed weapon during the May 4 rally. A former Portage County prosecutor told the bureau that Norman could have been charged, but the case would have been difficult to win.

Terry Norman’s FBI connection

Whether due to miscommunication, embarrassment or an attempted coverup, the FBI initially denied any involvement with Norman as an informant.

“Mr. Norman was not working for the FBI on May 4, 1970, nor has he ever been in any way connected with this Bureau,” director J. Edgar Hoover declared to Ohio Congressman John Ashbrook in an August 1970 letter.

Three years later, Hoover’s successor, Clarence Kelley, was forced to correct the record. The director acknowledged that the FBI had paid Norman $125 for expenses incurred when, at the bureau’s encouragement, Norman infiltrated a meeting of Nazi and white power sympathizers in Virginia a month before the Kent State shootings.

Norman insisted his FBI work lasted only about a month, including the Virginia mission and his photographing of campus dissidents.

But a Kent State classmate, Janet Sima, said recently that she accompanied Norman on a day trip to Washington, D.C., in December 1968 so he could attend a meeting he told her involved the FBI. “I felt like he couldn’t talk about it,” said Sima, who didn’t press Norman for details about the 90-minute appointment.

Tom Kelley, the Kent State detective who oversaw Norman’s campus informant work, told lawyers in 1975 that he suspected Norman had worked much more regularly for the FBI than the bureau had publicly acknowledged.

Terry Norman: From D.C. cop to former convict

Disillusioned with campus unrest and uncomfortable with his notoriety, Norman quit Kent State in August 1970 to become a Washington, D.C., policeman. His references included Detective Kelley and Akron policeman Bruce Vanhorn, with whom he had traded for the .38 pistol.

Alan Whitney, a labor leader who helped unionize the D.C. police force in 1972, said recently that Norman was one of about a dozen officers he worked closely with on the two-month campaign. Whitney said another officer told him that Norman sometimes boasted of playing a consequential role in the Kent State tragedy, including firing a gun. When Whitney asked Norman directly, Norman said he couldn’t talk about it.

Norman’s second wife, Sherry Millen, said she had no idea he had been on campus on May 4. Millen, who met Norman in the early 1980s when he was still a cop, said he was estranged from his family.

He told Millen that he’d helped get his first wife, Amy, a job with the CIA and that he had done occasional work for the spy agency. Norman liked shooting guns and talked about wanting to move to Costa Rica, become a mercenary and hunt down drug lords, Millen said.

After Millen and Norman divorced in the early 1990s, he ran into major legal trouble. In 1994, federal prosecutors accused Norman of leading a four-year scheme to bilk nearly $700,000 from the electronics company he worked for as a telecommunications manager.

At first with a partner, and later on his own, the ex-policeman set up shell companies and authorized payments for phony work. He used the money to buy a plane, a 41-foot boat, a recreational vehicle and a 20-acre homestead in Texas and to pad his and his new wife’s mutual funds.

By the time federal agents came after Norman and his third wife in the spring of 1994, Norman had already learned of the investigation. The couple had packed their RV with computers, passports, $10,400, and their four dogs and three cats. With Norman’s weapons and undercover training, the government considered him a serious flight risk.

Norman pleaded guilty to charges relating to conspiracy, mail fraud and money laundering. He served three years in prison. Reporters occasionally have tried to contact him, as the anniversaries of the May 4 tragedy come and go. He never has broken his silence. He and his wife live in a secluded area of North Carolina, on the edge of the Pisgah National Forest.

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