Statement by Rev. John I. Jenkins, C.S.C., on the status of protesters arrested at Notre Dame in 2009

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Notre Dame Statement on Protestors
The following statement is from Rev. John I. Jenkins, C.S.C., president of the University of Notre Dame, in regard to the status of protesters who were arrested on campus last spring:
"In the weeks leading up to Notre Dame’s Commencement on May 17, 2009, a number of people violated University policies on campus demonstrations. They were given repeated warnings by law enforcement officials, and then, when they persisted, they were arrested and charged with Criminal Trespass.
“The prosecution of the resulting cases is in the hands of St. Joseph County Prosecutor, Mike Dvorak. The University has been in conversation with Mr. Dvorak’s office about these cases, and he has informed us by letter about how he will proceed. We believe Mr. Dvorak’s decisions are balanced and lenient…”
You can read the full statement regarding legal action being taken against the “ND88” here at a local South Bend news station as well as on the Notre Dame News & Information website. Mainstream Catholic news sources have not picked up this story yet, except for a blog post at dotCommonweal.
 
According to the statement, the county prosecutor is offering a chance for those arrested to walk away without any record. However, they will need to agree not to break any laws for a year and pay an administrative fee. If financial assistance is necessary, it will be arranged.

But this rather lenient deal is not open to anyone with a prior criminal conviction. Those persons would not to plead guilty or stand trial.

I wonder how many persons fall into that latter category?
 
I too found this to be a fairly lenient deal arranged by the prosecutor’s office.

It makes sense that it’s not open to people previously convicted of a crime, I think. It at least would help the people who claim that they were unfairly arrested “just for holding a pro-life sign,” as differentiated from those in the Terry/Keyes group who intentionally sought arrest. As several of the protesters in this group have participated in civil disobedience in the past, it seems that there are probably several with criminal records who could not take the deal.

I checked the Free the ND 88 website and saw no reaction to this statement from Fr. Jenkins, nor any indication of how many of those charged with trespassing have previous convictions. All of the indications seem to point to leniency on the part of the prosecutor, though, and I can’t see any of these individuals serving jail time, particularly if they plead guilty.
 
I checked the Free the ND 88 website and saw no reaction to this statement from Fr. Jenkins, nor any indication of how many of those charged with trespassing have previous convictions. All of the indications seem to point to leniency on the part of the prosecutor, though, and I can’t see any of these individuals serving jail time, particularly if they plead guilty.
Don’t you think these protesters (who went to ND to get publicity) are milking this for all it is worth? Even in Indiana first time misdemeanors don’t result in jail terms. So they were not really facing any peril, even if some publicly stated before going to Indiana that they were going there to get arrested!

So those arrested could have gone on their merry way about a year ago. However, they got publicity-seeking counsel and whined for about a year about the college dropping the charges.

These protesters are not seeking leniency but are seeking to keep the incident alive as long as possible. How often do trespassing cases take a year to be heard?
 
Don’t you think these protesters (who went to ND to get publicity) are milking this for all it is worth? Even in Indiana first time misdemeanors don’t result in jail terms. So they were not really facing any peril, even if some publicly stated before going to Indiana that they were going there to get arrested!

So those arrested could have gone on their merry way about a year ago. However, they got publicity-seeking counsel and whined for about a year about the college dropping the charges.

These protesters are not seeking leniency but are seeking to keep the incident alive as long as possible. How often do trespassing cases take a year to be heard?
Beau, this isn’t a popular position here on CAF, but I tend to agree with you. I graduated from ND last year and was active in NDResponse before and during Commencement weekend. My husband (also a graduate) and I chose to attend the peaceful prayer rally and protest at the Grotto instead of the Commencement Exercises at which Obama received his honorary degree. Perhaps the most frustrating part of all of this was that Randall Terry, Alan Keyes, and a few others brought a media circus to campus in the weeks leading up to Commencement that distracted from the thoughtful response originating among those on campus to those events. Most of the media coverage of actual Commencement Day activities just consists of reports of the numbers of arrests, completely ignoring the moving, life-affirming, CATHOLIC witness that had taken place on campus.

“Free the ND88” does strike me as somewhat melodramatic, as no one is in jail currently and it was their decision to pursue actions that could negatively affect their criminal records. All of the individuals who were arrested were welcomed by ND Response and invited to participate in our events, but they chose not to. The stated aim, at least of Terry’s Stop Obama at Notre Dame group, was to “make this thing a circus,” and that has been carried out even in the year since Commencement.

As for the “need for consistency” issue, I do think that is what ND is seeking in this instance. Yes, others have been arrested for trespassing at ND in the past under different circumstances and while protesting other causes, and some of those charges were dropped (I’m not familiar enough with the details as of yet, but I know that at least one of the examples was under a previous administration). The key issue here is that those were different circumstances. It was clearly stated in no uncertain terms that unapproved protesters on campus last May would not be tolerated–especially with the President of the United States on campus, the volatile nature of the issue at hand, and the statements being made by some that their aim was to disrupt the campus community. In some cases, the same individuals came to campus day after day and repeatedly sought arrest, even after being released from jail. That’s different than coming to campus on one occasion, being told their demonstrations are not allowed and facing arrest, and complying with orders not to return. I’m not sure how else people expect the university to have handled this situation.
 
Leniency by Notre Dame Toward Other Protest Groups Not Extended to ND88 The Need for “Consistency”
CathFaith1, the article you posted doesn’t seem to address the lenient policy which was just announced. Could you explain how today’s announcement fits in with your article?
 
If the charges were dropped the so-called lenient policy would have been the same for other groups of protesters.

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In March 2007, two other outside groups protested on Notre Dame’s campus. Members of these groups were also arrested. Unlike the ND88, these members were released from any charges.
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Protesters went to the campus to get arrested, in their own words before the arrests.

Now, they seek leniency? There’s a logical disconnect here.
 
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