DAY OF ACQUITTAL

The Chicago Seven (originally Chicago Eight, also Conspiracy Eight/Conspiracy Seven) were seven defendants—Abbie Hoffman, Jerry Rubin, Devid Dellinger, Tom Hayden, Rennie Davis, John Froines and Lee Weiner—charged with conspiracy, inciting to riot, and other charges related to protests that took place in Chicago, Illinois on the occasion of the 1968 Democratic National Convention. Bobby Seale, the eighth man charged, had his trial severed during the proceedings, lowering the number from eight to seven.

The eight defendants were charged under the anti-riot provisions of the Civil Rights Act of 1968 which made it a federal crime to cross state lines with the intent to incite a riot. The Chicago 8 indictment alleged crimes of three kinds:

▪   That all eight defendants conspired (together with another sixteen unindicted co-conspirators) to cross state lines to incite a riot, to teach the making of an incendiary device, and to commit acts to impede law enforcement officers in their lawful duties.

▪   That David Dellinger, Rennie Davis, Tom Hayden, Abbie Hoffman, Jerry Rubin, and Bobby Seale individually crossed state lines to incite a riot.

▪   That John Froines and Lee Weiner instructed other persons in the construction and use of an incendiary device.

The sixteen unindicted co-conspirators were: Wolfe Lowenthal, Stewart Albert, Sidney Peck, Kathy Boudin, Corina Fales, Benjamin Radford, Thomas Neumann, Craig Shimabukuro, Bo Taylor, David Baker, Richard Bosciano, Terry Gross, Donna Gripe, Benjamin Ortiz, Joseph Toornabene, and Richard Palmer. Additionally, Rick Pecora was implicated for inciting incidents but never charged.

On 18^th February, 1970, all seven defendants were found not guilty of conspiracy. Two (Froines and Weiner) were acquitted completely, while the remaining five were convicted of crossing state lines with the intent to incite a riot, a crime instituted by the anti-riot provisions of the Civil Rights Act of 1968. On February 20, they were each fined $5,000 and sentenced to five years in prison. At sentencing, Abbie Hoffman recommended that the judge try LSD, offering to set him up with a dealer he knew in Florida.

On 21 November, 1972, all of the convictions were reversed by the United States Court of Appeals for the Seventh Circuit on the basis that the judge was biased in his refusal to permit defense attorneys to screen prospective jurors for cultural and racial bias. The Justice Department decided not to retry the case. During the trial, all the defendants and both defense attorneys had been cited for contempt and sentenced to jail, but all of those convictions were also overturned.

The contempt charges were retried before a different judge, who found Dellinger, Rubin, Hoffman, and Kunstler guilty of some of the charges, but opted not to sentence the defendants to jail or fines.