The Trial of the Chicago 7 Page #5

KUNSTLER:

Are you stoned?

ABBIE:

Yeah. You?

KUNSTLER goes back to his seat and settles in. Then he turns

to TOM-

KUNSTLER:

(quietly)

You remember what I said.

TOM:

Okay, and you remember to keep us

out of prison.

KUNSTLER:

A lot of good advice this morning.

The heavy wooden door behind the bench opens-

BAILIFF:

All rise!

29.

--and JUDGE HOFFMAN takes his place at the bench. It’s not

entirely clear whether HOFFMAN is a bad judge, in the tank

for the prosecution, experiencing early senility or a

combination of all three.

BAILIFF (CONT'D)

Hear yea, hear yea. September 26,

1969, 10 o’clock A.M. All persons

having business before the United

States District Court of Northern

Illinois, Southern District,

Eastern Division draw near and they

shall be heard. Judge Julius

Hoffman presiding. God save the

United States of America and this

Honorable Court.

JUDGE HOFFMAN:

Mr. Marshal, bring in our jury.

The jury is led in as JUDGE HOFFMAN continues...

JUDGE HOFFMAN (CONT'D)

As I look out into the gallery I

see we have a full house. Some of

you started forming a line early

this morning. I’ll caution you that

this isn’t a sporting event. Let

the record show that we’ve been

joined by our twelve jurors and

four alternates. Mrs. Winter,

please call the case.

MRS. WINTER

69 CR 180, United States of America

vs. David Dellinger, Rennard C.

Davis, Thomas Hayden, Abbott

Hoffman, Jerry C. Rubin, Lee

Weiner, John R. Froines and Bobby

G. Seale for trial.

JUDGE HOFFMAN:

Are the People ready to make

opening arguments?

SCHULTZ:

(standing)

We are, Your Honor.

TITLE:

Trial Day 1

BOBBY stands-

30.

BOBBY:

I don’t have my lawyer here.

JUDGE HOFFMAN:

It’s not your turn to speak.

BOBBY:

My trial’s begun without my lawyer.

JUDGE HOFFMAN:

Please sit. Mr. Schultz?

SCHULTZ takes a moment and begins-

SCHULTZ:

Good morning, my name is Richard

Schultz and I’m an Assistant U.S.

Attorney for the Southern District

of Illinois. Seated at my table is

my boss, U.S. Attorney Thomas

Foran. I guess you could say I’m

seated at his table. At the defense

table are the eight defendants

represented by their lawyers,

William Kunstler and Leonard

Weinglass. The defendants would

tell you they represent three

different groups. They would tell

you that one group-

JUDGE HOFFMAN:

Excuse me.

SCHULTZ:

Yes sir.

JUDGE HOFFMAN:

I’d like to clarify something for

the jurors. There are two Hoffmans

in this courtroom. The defendant,

Abbie Hoffman, and myself, Judge

Julius Hoffman.

There’s an awkward silence...is he done?

SCHULTZ:

Thank you, sir.

JUDGE HOFFMAN:

I didn’t want there to be confusion

on the matter.

31.

ABBIE:

Man, I don’t think there’s much

chance they’re going to mix us up.

The gallery LAUGHS a little...

JUDGE HOFFMAN:

You will address this Court as

Judge or Your Honor and you will

not address this Court until--you

will not address this Court.

TOM is dying a little but stays cool.

SCHULTZ:

The defendants would tell you they

represent three different groups.

JUDGE HOFFMAN:

And the record should reflect that

defendant Hoffman and I aren’t

related.

ABBIE:

Father no!

JUDGE HOFFMAN:

Mr. Hoffman, are you familiar with

contempt of court?

ABBIE:

It’s practically a religion for me,

sir.

The gallery LAUGHS and TOM adjusts in his chair.

SCHULTZ:

(pause)

Your Honor?

JUDGE HOFFMAN:

Continue.

SCHULTZ:

Rennie Davis and Tom Hayden are the

leaders of the SDS--Students for a

Democratic Society. Hayden and

Davis brought their people to

Chicago for the purpose of causing

violence in the streets in order to

disrupt the Democratic Convention.

You know the Youth International

Party as the Yippies. Their leaders

are Abbie Hoffman and Jerry Rubin.

(MORE)

32.

SCHULTZ (CONT'D)

Bobby Seale is the leader of the

Black Panther Party. The defendants

would tell you these are three

distinct groups, but they’re all-

BOBBY:

(standing)

Excuse me.

JUDGE HOFFMAN:

Yes?

BOBBY:

May I speak?

JUDGE HOFFMAN:

No sir.

BOBBY:

He just said my name.

JUDGE HOFFMAN:

You’re a defendant in this case,

you’re likely to hear your name.

BOBBY:

I have a right to counsel and His

Honor knows that.

JUDGE HOFFMAN:

Don’t tell the Court what it does

and doesn’t know. Be seated.

BOBBY sits.

JUDGE HOFFMAN (CONT'D)

Mr. Schultz.

SCHULTZ:

...the radical left, that’s all.

They’re the radical left in

different costumes. The eight

defendants had a plan. A plan among

two or more people is a conspiracy.

The defendants crossed state lines

to execute their plan, that’s why

we’re in federal court. The plan

was to incite a riot. And there’s

one thing you already know. They

succeeded.

33.

JUDGE HOFFMAN:

Excuse me. Have we identified the

other defendants for the record?

Mr. Weener?

WEINER:

Weiner.

JUDGE HOFFMAN:

Mr. Froines and Mr. Dillinger?

DAVE:

Dellinger.

JUDGE HOFFMAN:

(pause)

What is going on here?

SCHULTZ:

You’re Honor, you’re referring to

the defendant Dellinger.

JUDGE HOFFMAN:

Derringer.

SCHULTZ:

Dellinger, sir.

JUDGE HOFFMAN:

Note the prosecution was referring

to the defendant Derringer, not

Dellinger.

KUNSTLER:

It is Dellinger, Your Honor.

JUDGE HOFFMAN:

Can we straighten this out?

ABBIE:

Dillinger was a bank robber,

Derringer is a gun, he’s David

Dellinger and the judge and I

aren’t related.

FORAN:

Your Honor, I’d like to caution the

Court that this kind of disruption

and display of disrespect will be a

continuing tactic for defense.

34.

KUNSTLER:

Sir, it’s not a tactic. At the

moment, the defendants are the only

ones on record as knowing their own

names.

JUDGE HOFFMAN:

Be seated, Mr. Schultz.

(correcting himself)

Mr. Kunstler.

BOBBY:

(standing)

I object to being characterized as

a member of this group.

JUDGE HOFFMAN:

Who is your lawyer?

BOBBY:

Charles R. Garry.

JUDGE HOFFMAN:

Is Mr. Garry here today?

BOBBY:

No he’s not.

KUNSTLER:

Your Honor-

JUDGE HOFFMAN:

Are you representing Mr. Seale?

KUNSTLER:

No sir.

FRED HAMPTON leans forward and whispers something to BOBBY...

JUDGE HOFFMAN:

Then sit. Mr. Schultz, forgive me,

have you concluded your opening

statement?

SCHULTZ:

Yes, Your Honor.

BOBBY:

My lawyer, Charles Garry, is in a

hospital in Oakland having

undergone gallbladder surgery.

35.

JUDGE HOFFMAN:

Mr. Kunstler, you’re sitting right

next to the man, just represent

him. It’s the same case.

KUNSTLER:

The fact that there’s a lawyer near

Mr. Seale doesn’t satisfy the

requirements of due process.

BOBBY:

I have a right-

KUNSTLER:

(putting his hand up to

BOBBY)

A motion was made for postponement

due to Mr. Garry’s medical

condition. I was there. Your Honor

denied that motion and therefore

Mr. Seale is here without legal

representation.

JUDGE HOFFMAN:

I don’t care for your general tone,

Mr. Kunstler.

KUNSTLER:

I meant no disrespect to the Court,

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