Читать книгу The Trial of the Chicago 7: History, Legacy and Trial Transcript - Bruce A. Ragsdale - Страница 34

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Yes. The U.S. Court of Appeals of the Seventh Circuit found that the demeanor of the judge and the government attorneys was sufficient reason to reverse the convictions.

The court of appeals found that from the opening of the trial, the district judge made clear his “deprecatory and often antagonistic attitude toward the defense.” Judge Hoffman had consistently made sarcastic and gratuitous criticisms of the defense attorneys. The appeals court was especially disturbed that Judge Hoffman had denigrated the defense’s key argument that the Daley administration and the Chicago police deliberately provoked the demonstrators. Judge Hoffman’s most serious offense, according to the court of appeals, was to make these caustic remarks in front of the jury.

On procedural questions, Judge Hoffman consistently ruled against the defense, and he failed to restrain the U.S. attorney’s personal attacks on the defendants. The court of appeals considered U.S. Attorney Thomas Foran’s closing arguments, with their emphasis on dress and appearance and references to “evil men” and “violent anarchists,” beyond all standards of acceptable behavior. The court of appeals acknowledged the disruptive behavior of the defendants, but that behavior did not justify a disregard of “the high standards for the conduct of judges and prosecutors.” “A defendant ought not to be rewarded for success in baiting the judge and the prosecutor.”