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t TO Mr. cebnarat’sf DATE: 11/19/74 } pe AN, 1 - Mr. Gebhardt | FROM C. L. McGowan hh 2 - Mr. McGowan ; nan ae 1 =- Mr. McDonough | l - Mr. Walsh SUBJECT: KENFOUR ; Oe ee rviswrive ae #ay EDITID O34 St FG wo. iP UNITED ST.NTES GOVER SENT : a Memoranuum . | . . “/) SAC, cisberand recommends a letter be addressed over the Director's signature to J. Stanley Pottinger, Assis Attorney General {AAG), Civili Rights Division (CRD), U. 5. Department of Justice (USDJ), bringing to his attention the individual efforts of 4 Departmental employees in connection with their participation in the prosecutive proceedings in this case. SAC also recommends individual letters of commen for the case Agent and field supervisor for the commendable manner in which they handled the investigation in this case. BACKGROUND: This case involves an extensive Civil Rights investigation conducted by the Bureau in connection with the killing of 4 students and wounding of se others by the Ohio National Guard (ONG) in May, 1970, at Kent State University, Kent, Ohio. Upon request of the Department of Justice, the Bur instituted an extensive investigation into the above inciden shortly after it occurred in May, 1970. After an extensive, thorough investigation, the results of which were disseminat to the USDJ, the Department decided at that time not to pres the case to a Federal Grand Jury (FGI). YO BAe Subsequently, in August, 1973, the Department V decided to reopen the investigation. The Department then asked for certain additional investigation which was L promptly and thoroughly handled by the Cleveland Division. The Department thereafter presented this matter ms" a FGJ in Cleveland. Eight former guardsmen were indicted ° and the matter was brought to triai in Cleveland beginning in October, 1974. On 11/8/74, at the conclusion of the presentation of the Government's case, Chief U. S. District Court Judge Frank J. Battisti directed a verdict of acquitta on all charges against all 8 defendants stating the Governme had not sufficiently proved willful intent on the part of subjects to deprive | Ahe victims of their ONES ene - _ REc.7 Jf? 1 BUS 44-45339 y a if fo Einclostw-es eae f EgM:bap- Sy -o f CONTINUED - OVER (ier Addendum of ‘Administrative Division... Page 5...... ‘s