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Posts Tagged ‘First Amendment’

4/21/12

Around noon on May 4, 1970, Allison Krause, Jeff Miller, Sandy Scheuer and Bill Schroeder were shot dead with armor-piercing bullets as they protested the Vietnam war, President Nixon’s Cambodian Invasion, the war’s draft and the military occupation of their Kent State University campus. At the time of their murders, Bill, Sandy, Jeff and Allison did not know they were to become the historic cornerstone in federal efforts to silence and murder protesting young people on American soil. http://bitly.com/lcEJx9

Today is not that different from 1970 yet in watching President Obama over the last three years, it’s still astonishing to see the Obama administration focused on enhancing and supporting Federal efforts to criminalize and militarize against the actions of dissenting Americans. http://bit.ly/xPHPu7

Doubling down in American anti-protest legislation over the last few years, Congress aided with swift approvals (no partisan issues here), voting in laws to seriously curtail American dissent (i.e. the NDAA, the anti-protest law H.R. 347). President Obama continues to sign these bills into law, also approving every civil-rights limiting, war-producing request the Pentagon suggests, streamlining military actions around the world as he opens the door to the war coming home again.

The U.S. Dept. of Defense is serious in its mission to create new wars, grow its already huge, unaccounted-for budget, build state-of-the-art killing machines and enforce brutal violence against citizen dissent. In 2012 the Pentagon sees peaceful Americans and protesters as a TOP AMERICAN TARGET.

With fewer protections each day, we look to our American Presidents to fight for American citizens and the civil rights of American protesters yet President Obama’s record supports nothing of this, mostly due to his cozy relationship with the U. S. Dept. of Defense. The Pentagon does not allow for civil rights in America. http://bit.ly/rPxiiz

President Obama’s silence ENABLES these military actions waged against American protest and #Occupy protesters. Covert federal teams from the FBI, CIA and the Dept. of Homeland Security are deeply involved, advising police, suited in bullet-proof war gear as they bring military force to urban actions and American college campuses. http://bit.ly/rVrlNp

Roots to suppress American protest quickly re-emerged on 9/11. The FBI dusted off, updated the original dissent-controlling handbook, the Huston Plan, http://bitly.com/gIYTD1, a cointelpro guide responsible for the Kent State Massacre, the harassment of the Black Panthers, SDS and other ‘new left’ groups. Renaming it the USA PATRIOT Act, adding in new technologies yet still using provocateurs, spying, harassment and terrorizing efforts to derail protesting Americans, just like they did in the old days at Kent State. http://bit.ly/sTvVZo

Watching these new battles in America today, we wonder: WHO IS THE ENEMY? For what are the Feds and law enforcement fighting? Who or what are they protecting? The First Amendment? Americans? Not a chance!

President Obama’s SILENCE on #Occupy is a deadly concern. By not creating peaceful American outcomes nor protecting the American civil right to dissent, we dread upcoming military confrontations between American protesters and armed police.

What happened to the six student protesters shot dead at Kent State and Jackson State in May 1970 comes to mind. On a related note and in 2012, we DEMAND the Obama administration to comment, acknowledge and take a look at New Evidence in the Kent State Massacre. We remind the Obama administration that in the laws of evidence, the statute of limitations does not lapse, never expires, for homicides ~ even those homicides perpetrated by the government. http://bit.ly/gSN9pP

Let’s not forget there’s big money involved in suppressing dissent in America 2012: “All told, the federal government has appropriated about $635 billion, accounting for inflation, for homeland security-related activities and equipment since the 9/11 attacks. To conclude, though, that “the police” have become increasingly militarized casts too narrow a net. The truth is that virtually the entire apparatus of government has been mobilized and militarized right down to the university campus.”

“Even the estimate of more than $635 billion in such expenditures does not tell the full spending story. That figure does not include the national intelligence or military intelligence budgets for which the Obama Administration is seeking $52.6 billion and $19.6 billion respectively in 2013, or secret parts of the national security budget, the so-called black budget.” http://bit.ly/wGY0yP

Since Obama took office, many of his top presidential actions include CREATING MORE WARS around the world, boosting the Department of Defense budgets (and their secret budgets) as the Pentagon readies to bring the war home again to #Occupy this spring and summer. It is obvious that the Dept. of Defense runs America in 2012.

We awaken to the TRUTH that President Obama, as president, refuses to stand for peaceful Americans. As a result, we grade President Obama in the Peoples’ Civil Right Report Card with an “F” for his FAILURE to protect the aims of peaceful Americans, guaranteed in the First Amendment of the U.S. Bill of Right.

The wording in the First Amendment of the U.S. Bill of Rights is:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

Based on the First Amendment, we DEMAND President Obama enable our ‘freedom of speech’ as well as the Peoples’ rights to Assemble and Petition our Government. Efforts to arrest protesters and the military actions that American Protesters face MUST END NOW! http://bit.ly/rPxiiz

Problem is, there are no penalties or viable citizen recourse (other than spending the rest of your life fighting law suits) when President Obama, his Administration or our government fail to protect the U.S. Bill of Rights.

Attorney General Eric Holder, managing the Department of Justice has also been asleep at the wheel in citizen protections and civil rights across the board with Holder criminalizing protest, arresting peace activists and renaming protesters as terrorists, threatening to imprison the whole lot of us.

National Lawyers Guild, Heidi Boghosian, adds, “justice is also about politics, in that politics trumps justice and laws in most cases. “It takes a brave judge, and morally courageous lawyers, to stand up and make the just and legal decision in the face of the dominant political paradigm.”

“What the justice system is actually for is a huge question, one that must be answered by the legions of activists, lawyers and citizens who want to ensure a more transparent, just, equitable and sustainable society. In the absence of such a response, the exercise of free speech in the US will be increasingly constrained.” http://bit.ly/xPHPu7

This spring and summer we will see #Occupy peaceful protesters put themselves in harm’s way to stand for American freedom and economic equality. We DEMAND President Obama, Commander-in-chief, command the police across America to not fire live ammunition at peaceful protesters in 2012!

Anyone that was present or cared about the murders and maimings at May 4th Kent State, who now watches livecasts from #Occupy, must acknowledge we’ve seen this before and it’s the same murderous force we faced over 40 years ago.

We Demand NO MORE KENT STATES!

President Obama: Do not allow another protester to be murdered in America! STAND for Americans lending their voice to dissent, also a Human Right across the globe. http://bit.ly/rPxiiz

Mr. President: Command your cabinet members, federal agencies and law enforcement, military troops to STAND DOWN AGAINST AMERICAN PEACEFUL PROTESTERS in 2012!

Kent State Peace Now!

Seeking YOUR ACTION & participation by ‘liking,’ adding your comment, sharing this post at the White House
Our Virtual Petition to President Obama:
13 Days for Kent State Peace
https://www.facebook.com/WhiteHouse/posts/350260565022218
EXAMINE the Kent State Tape Now!

30 Days for Kent State Peace http://bit.ly/HlUu2c

Kent State Truth Tribunal
http://TruthTribunal.org/
at facebook http://bit.ly/b0SlSY

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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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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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Plain Dealer Editorial, Cleveland Plain Dealer, November 13, 2010

New forensic evidence from the infamous May 4, 1970, campus shootings at Kent State University could change history if what sounds like precipitating gunshots and a possible order to “prepare” to fire can be confirmed.

The findings were reported by Plain Dealer science writer John Mangels, based on a high-tech analysis earlier this year of a copy of the original 30-minute reel-to-reel tape of the confrontation. The analysis was commissioned by The Plain Dealer.

The results bear on the question of what made 28 Ohio National Guardsmen resort to lethal force and fire a total of 67 shots on the crowd of students and protesters, killing four people and wounding nine.

Two respected forensic audio scientists in New Jersey carried out the analysis for The Plain Dealer, using declassified Cold War spy technology and other sophisticated means to isolate voice commands and sounds on the tape. The methodology wasn’t possible in 1970. On the other hand, the experts were dealing with a cassette copy, not the original.

That’s why a planned congressional inquiry by the U.S. House Domestic Policy subcommittee should not be derailed — especially not by Ohio Republican Rep. Jim Jordan, of Urbana, Ohio, who could become subcommittee chairman next year.

The current Democratic chairman, Cleveland Rep. Dennis Kucinich, is trying to fast-track his inquiry before he loses his leadership position at year’s end. A spokesperson for Jordan said the congressman had made no decision yet about whether the subcommittee would pursue an investigation into the new KSU forensic evidence, should he take the helm.

Jordan, or whichever Republican becomes the committee chairman, should delve into this stubborn mystery. The new discoveries about what might be on the tape have spawned hundreds of questions, but they’ll lead nowhere unless someone looks for more of the answers.

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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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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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