To the Hague: Justice for the May 4th Kent State Massacre?

[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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Please Support Our Call to Action Now

CALL, EMAIL & FAX the Dept of Justice now. Join us in demanding Attorney Gen’l Eric Holder: OPEN AN INQUIRY into the shootings at 1970 Kent State & EXAMINE the Kent State Tape now. ~ Email: oipl@usdoj.gov, Call: 202-514-3465, Fax: 202-514-8336 Please share widely to help spread the word

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Election Politics Affecting Kent State Congressional Probe

JOHN MANGELS, Cleveland Plain Dealer, November 4, 2010

A congressional probe into new revelations about the Kent State University shootings will be hampered — or may be curtailed — by voters’ decision Tuesday to hand Republicans control of the House of Representatives.

Cleveland Democratic Rep. Dennis Kucinich had launched an inquiry in October into the May 4, 1970, killing and wounding of 13 students and Vietnam War protesters by Ohio National Guardsmen. The notorious incident hardened sentiment against the war, while also raising national alarm about campus unrest.

Kucinich, who chairs a House subcommittee with oversight of the FBI and the Justice Department, began the inquest after The Plain Dealer published articles containing new details gleaned from a long-forgotten audiotape of the shootings.

Though he won re-election Tuesday, Kucinich will lose his subcommittee chairmanship and its investigative power when Republicans gain control of the House in January. His office was scrambling Wednesday to adjust the inquiry’s timetable to the suddenly looming deadline.

Kucinich and the subcommittee’s staff “are working to see if it is possible to hold a hearing before the end of this year,” spokesman Nathan White said via e-mail. The congressman “has personally talked to several witnesses” who have agreed to testify, White said, though he declined to identify them. Kucinich “believes that holding this hearing swiftly is important to ensure that the information is entered into the public record before any more time passes.”

A forensic audio expert who examined the 40-year-old recording earlier this year at The Plain Dealer’s request, using modern sound-filtering and analyzing software, reported hearing an altercation and four pistol shots roughly 70 seconds before the Guardsmen opened fire, and later, a male voice commanding the Guard to prepare to shoot.

Previous investigations had determined that the Guardsmen wheeled and fired spontaneously, even though they were not at imminent risk. Some Guardsmen claimed to have heard an order to fire. Others reported reacting to pistol shots, possibly from a sniper, though much more immediately than the 70 seconds that pass between the apparent pistol shots on the tape and the Guardsmen’s volley.

No officer ever admitted issuing a firing command, and none of the criminal, civil or independent reviews identified anyone other than Guardsmen as having fired their weapons.

It is difficult to determine how, if at all, the apparent altercation and pistol shots and the subsequent firing command captured on the tape are related. The violent confrontation between members of the protest crowd and someone – with shouts of “Kill him!” and “Hit the [expletive]!” – are followed by what forensic audio expert Stuart Allen believes are four shots from a .38-caliber revolver.

After The Plain Dealer reported the latest findings, some speculated that the altercation involved Terry Norman, a Kent State law enforcement student who was carrying a .38-caliber Smith & Wesson pistol during the May 4 protest rally and was taking photos of demonstrators for the university police department and the FBI.

Norman claimed he was assaulted by crowd members angered by his picture-taking and told investigators he drew his gun to warn them away. But he denied firing, and insisted that the dust-up happened after the Guard gunfire, not before.

Several witnesses said they heard a Kent State policeman who inspected Norman’s pistol exclaim that it had been fired four times. The officer later denied making the remark. An FBI lab test determined the gun had been fired since its last cleaning, but could not pinpoint when.

In 1973, then-U.S. Sen. Birch Bayh pressed the Justice Department to look into Norman’s activities, saying he may have been the catalyst for the Guard’s shootings. A federal grand jury questioned Norman in December 1973, but he was not charged.

“As far as we were concerned at the time, [Norman] was a non-issue in the overall events of what happened that day,” Robert Murphy, the Justice Department lawyer who led the grand jury probe, said in a telephone interview Monday.

The grand jury indicted eight low-ranking Guardsmen on civil rights violations for the shootings. A federal judge later dismissed the charges (pdf). Norman joined the Washington, D.C., police department several months after the Kent State incident. His precise whereabouts today are not known.

Kucinich has asked the FBI to produce records that might show whether Norman was working as a confidential informant or some other capacity, and whether the bureau helped him get the D.C. police job. He has said the subcommittee will attempt to locate and interview Norman, and that he may be called to testify.

In addition to the House inquiry, the Justice Department’s civil rights division is weighing whether to re-open an investigation of the Kent State affair based on the potential new audio evidence. No decision has been reached, a spokeswoman said Wednesday.

Cleveland attorney Terry Gilbert and Alan Canfora, who was wounded by the Guard’s gunfire, recently met with Assistant Attorney General Thomas Perez and U.S. Attorney Steven Dettelbach to discuss the possibility of a renewed federal review.

Since the statute of limitations for civil rights violations has long since expired, Gilbert said some of the discussion involved the basis for a federal case, assuming there’s evidence to warrant moving forward. “We told Mr. Perez that we’re not looking to put people in jail,” Gilbert said. “We’re looking for some answers and acknowledgment that this evidence is compelling. We’re researching whether, within the Justice Department, there’s some kind of fact-finding process that’s designed to further justice, but not prosecute.”

Gilbert said the department’s inspector general, for example, might be able to provide an impartial, independent review of the FBI’s role at Kent State.

The political changeover and its potential effect on Kucinich’s investigation of Kent State is a setback, Gilbert acknowledged, but he remains optimistic.

“We’re in a worse position now in getting politicians to look at this case than we were yesterday, but we’re not giving up,” he said. “As long as people are around who remember that day, there are going to be some serious efforts to try to get to the truth.”

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