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David Dellinger

Released
Date of birth:22. 08. 1915
Date of death:25. 05. 2004
Age:88† Deceased
Gender:Male
Race:White
Era:1960s
State:Illinois
Time Imprisoned:
24 Days
Support
Anti-War Union Eight
David Dellinger

Biography

David Dellinger was the elder pacifist of the Chicago Eight defendants, a longtime Catholic Worker–adjacent radical pacifist who had served three years in federal prison during World War II for refusing to register for the draft. As chairman of the National Mobilization Committee against the Vietnam War he was a key planner of the 1968 Chicago demonstrations. He continued antiwar and labor organizing into his late 80s.

The Chicago conspiracy trial (September 24, 1969 – February 20, 1970) prosecuted eight organizers of the demonstrations outside the 1968 Democratic National Convention under the new federal anti-riot provisions of the 1968 Civil Rights Act. The proceedings before Judge Julius Hoffman became one of the most chaotic and politically charged trials in American history. Bobby Seale's case was severed after Hoffman ordered him bound and gagged in court for demanding the right to represent himself; the remaining seven became known as the Chicago Seven. The jury acquitted all seven of conspiracy and acquitted Froines and Weiner on all charges, but convicted Davis, Dellinger, Hayden, Hoffman, and Rubin of crossing state lines with intent to incite a riot.

The defendants were arrested in March 1969, booked, and held in the Cook County Jail before posting bail in the days that followed. During the trial itself Judge Hoffman repeatedly held them in contempt and ordered them taken into custody from the courtroom — Bobby Seale most famously, but the other seven and their attorneys as well, accumulating 159 contempt citations between them. Each convicted defendant was sentenced to five years in prison and a $5,000 fine, with bail pending appeal granted within weeks; the Seventh Circuit Court of Appeals reversed all the riot-act convictions in November 1972 and the contempt convictions in May 1972, and the government declined to retry, so the underlying five-year sentences were never served.

On March 5, 1973, the Supreme Court denied the petition in David T. Dellinger et al. v. United States, No. 72-912, from the Seventh Circuit. The journal also records permission for the petitioners and Yetta Machtinger and others to dispense with printing their filings. This procedural disposition is not treated as a new conviction, sentencing date or served term.

Supreme Court Journal, October Term 1972, PDF pages 461.

The New York antiwar march report identifies this speaker among defendants recently indicted over the Chicago Democratic Convention demonstrations. It reports public antiwar activity at the April 5 march; this is not a new detention, completed trial or imprisonment duration.

The Militant, April 18, 1969, PDF page 5.

Cases

Cook County Jail
Charges: Conspiracy and crossing state lines with intent to incite a riot (Anti-Riot Act of 1968); contempt of court (during trial)
Arrested: Mar 19, 1969
Sentenced: Feb 20, 1970
Incarcerated: Feb 4, 1970
Released: Feb 28, 1970
Sentence: Physical custody from February 4 to February 28, 1970 following bail revocation, ending with release on bail. Sentenced February 20 to five years and a $5,000 fine on the Anti-Riot Act count; that conviction was later reversed. The appeal period was not continuous imprisonment.
Judge: Julius J. Hoffman
Convicted: Yes
Institution State: Illinois
Charges: Failure to obey an officer during a vigil supporting jailed peace walkers in Albany, Georgia.
Arrested: Jan 9, 1964
Sentenced: Jan 14, 1964
Incarcerated: Jan 9, 1964
Released: January 1964
Sentence: 31 days, with 30 suspended