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OperationCHAOS
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ruled in a lengthy opinion from the bench that the subversion unit
need not disclose material concerning the case if the agents who col-
lected it are still involved in undercover operations related to other
fnvestigations. This he considered necessary to conceal the identity
of agents working on investigation9 of organized crime. The defense
reportedly had expected to rebut testimony given by some undercover
agents with the reports of other police agents who allegedly provided
conflicting testimony.
.
On 20 November, the defense failed in its effort to prevent
the showing at the trial of a three-minute television film taken by a
CBS cameraman which pictured demonstrators hauling down an Ameri-
can flag in Grant Park. Defense attorneys argued that the prosecution
wanted $0 show the fl2g incident "to inflame and prejudice the jury')
and claimed that none of the seven gefendants had been tied to the plan-
ning or the execution of the incident. The prosecution, while conceding
that the film showed none of the defendants, said there would be testi-
mony that Rubin was involved in the inciden5gnd that it demonstrated
"the- mood of the crowd" shortly before defCcidant David Dellinger
addressed it.
.
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Joseph Hale, an agent of the Chicago Police ?epartment's sub-
versive unit during the Convention, testified that he 'heard Jerry Rubin
scream, "Kill the pigs" and "Get the pigs" .whil: objects were being
thrown at policemen.
On 24 November, the prosecution asked Judge Hoffman to rule
that a prima facie case of conspiracy had been proved against the
"Chicago 7", claiming that it had established that a conspiracy existed
among the seven defendants accused of crossing state lines to start a
riot at the Democratic National Convention last year and citing nearly
forty instances to sustain ita claim.
Defense Attorney Kunstler objected strongly to the Government's
contention, claiming.that it had not proved the existence of any con-
spiratorial agreement among the defendants.
agreed with the Government's claim and was reported to have asked
Government lawyers "to prepare additional language to be used i n
instructing the jury.
According to newspaper accounts, Judge Hoff-
man "will now instruct the jury that any evidence previously admitted
against one or more defendants can be applied against all seven of
them.
-
Judge Hoffman, however,
a
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-_ .
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