(C) Common Dreams
This story was originally published by Common Dreams and is unaltered.
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BERRIGANS AND SIX ARE CONVICTED IN ATTACK ON MISSILES [1]
['William Robbins', 'Special To The New York Times']
Date: 1981-03-07
The judge told the jurors they could not consider the question of justification for actions that the antiwar group had already admitted. Under Pennsylvania law, he said, a defense of justification is allowed if defendants can show that they acted to prevent a public calamity, but the danger must also be imminent and there must be no alternative. ''I instruct you as a matter of law that the elements necessary for justification do not exist,'' the judge said. Willing to Serve Jail Time
Since Sept. 9, when the group walked into the General Electric plant near here, the defendants have made it clear that they were willing to pay with prison time to arouse support for their view that nuclear war was near.
When they were arrested, all were put in the county jail here, but Daniel Berrigan, Mr. Rush, Mr. Hammer and Sister Anne Montgomery soon posted bail. The others refused to seek bail and were eventually released under their own recognizances. ''We were evicted,'' Philip Berrigan recalled yesterday.
After charging the jury, the judge held all eight in contempt of court for actions on the last day of trial. As the trial opened nearly two weeks ago, it was clear that the Plowshares Eight would pin any hopes for acquittal on a finding that their actions were justified. Some Witnesses Ruled Out
They said they wanted to call several scientific and professional witnesses to support their arguments that the United States was developing the capacity for a pre-emptive first strike with nuclear weapons and that human life on earth might not survive.
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[1] Url:
https://www.nytimes.com/1981/03/07/us/berrigans-and-six-are-convicted-in-attack-on-missiles.html
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