Draft Card Violators
50 who burned or tore them up and a few who simply returned them |
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http:// www.agu.ac.jp / ~vicks62 / jeffreyb / resist3.html
Only 50 men were ever indicted for burning or ripping up their draft cards (13 Circuits and 94 Districts). Here are the names of 19 (+seven more, perhaps) of them and four other men indicted for non-possession. Who were the other thirty-one (or so)? (Not included are two cases of illegal possession of and/or use of another person's draft card.)
date | Defendant-Appellant | Circuit | Registration Certificate |
Notice of Classification |
1965 Oct 15 | David J. Miller one count |
2nd Circuit
S. New York | destruction | |
1965 Oct 20 | Stephen L. Smith two counts |
8th Circuit
S. Iowa | mutilation and destruction non-possession (dismissed) | |
1965 Nov 6 | Thomas C. Cornell two counts |
2nd Circuit
S. New York | mutilation and destruction | mutilation and destruction |
1965 Nov 6 | Marc P. Edelman one count |
2nd Circuit
S. New York | mutilation and destruction | |
see United States v. Len Chandler, 380 F. 2d 993 | ||||
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1965 Nov 6 | Roy Lisker one count |
2nd Circuit
S. New York | mutilation and destruction | |
1965 Nov 6 | Jim Wilson | S. New York | ||
1966 n.d. | Harold Hector and Gary Graham Hicks |
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1966 Mar 24 | Peter N. Kiger one count |
2nd Circuit
S. New York | mutilation and destruction |
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1966 Mar 31 | David P. O'Brien one count |
Supreme Ct
1st Circuit Mass. | mutilation and destruction | |
1966 Mar 31 | John Phillips, David Reed, and David Benson |
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1966 Apr June | Robert Talmanson |
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1966 Dec 14 | Bruce D. Dancis one count |
2nd Circuit
N. New York | mutilation | |
1967 Apr 15 | Vincent F. McGee, Jr. +three counts (1) |
Supreme Ct
2nd Circuit S. New York | destruction (dismissed) |
destruction (dismissed) non-possession |
1967 Apr 15 | Gary Rader | |||
1967 Aug 18 | John R. Peet + one count (2) |
9th Circuit
N. California | destruction | |
1967 Oct 16 | Mendel L. Cooper two counts |
10th Circuit
Colorado | mutilation non-possession (dismissed) | |
1967 Dec 4 | David M. Rehfield two counts |
9th Circuit
Arizona | destruction non-possession |
|
n.d. (3) | Bradley M. Littlefield two counts |
9th Circuit
Arizona | destruction non-possession |
|
n.d. (4) | Michael J. Billingsley two counts |
3rd Circuit
Delaware | destruction non-possession |
|
n.d. | Burton S. Marks one count (2) |
9th Circuit
N. California | burning (reversed) |
|
n.d. | William R. Williams + one count (5) |
9th Circuit
E. California | non-possession | |
1968 Aug 30 | Michael B. Weissman one count |
8th Circuit
E. Missouri | mutilation and destruction | (no charge) |
1969 Feb 13 | Larry K. Zink two counts |
8th Circuit
Nebraska | destruction | destruction |
Dec '67 Nov '68 May '69 | Jeffrey S. Falk
+ three counts (6) (reversed and remanded) |
7th Circuit
N. Illinois | non-possession (7) |
non-possession (7) non-possession (7) |
1970 Apr 15 | Lawrence Demangone one count |
3rd Circuit
W. Pennsylvania | non-possession | |
1971 Nov 2 | R. Jeffrey Blair two counts |
9th Circuit
Hawaii | destruction (reversed) | destruction (reversed) |
1971 Dec 13 | William C. Eppinette, Jr. two counts |
4th Circuit
E. No. Carolina | non-possession (reversed) |
non-possession (reversed) |
Notes
(1) Vincent McGee was charged with six counts. Two counts for destruction were dismissed, possibly for lack of witnesses. He mailed his charred cards to President Johnson. He received concurrent two-year sentences for non-possession, failure to submit information, failure to report for a physical, and refusal to submit to induction. (2) John R. Peet was also charged with failure to report for induction. He was sentenced to six years under the Youth Corrections Act. (3) Littlefield and Rehfield seem to have acted together on Dec. 4, 1967. (4) Michael Billingsley seems to have burned both his Registration Certificate and Notice of Classification in late December 1967 or early January 1968. Which card he was indicted for remains a question for further research. (5) Williams was also charged with and convicted of two other counts: (I) failure to report for induction and (II) failure to keep his local board advised of his current address. (6) Falk was also charged with one count of refusing to submit to induction, but the judge granted a post-trial motion for acquittal on that count. He received three one-year consecutive sentences for the three counts of non-possession.
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First Circuit (Boston)
District of Massachusetts: David O'Brien conviction
affirmed
Rhode Island
New Hampshire
Maine
Second Circuit (New York City)
Southern District of New York: David J. Miller conviction
affirmed,
Thomas C. Cornell conviction
affirmed,
Marc P. Edelman conviction
affirmed,
Roy Lisker conviction
affirmed,
Peter N. Kiger conviction
affirmed, and
Vincent F. McGee conviction
affirmed
Northern District of New York: Bruce Dancis conviction
affirmed
New York (E. W.)
Connecticut
Vermont
Third Circuit (Philadelphia)
Western District of Pennsylvania: Lawrence Demangone conviction
affirmed
Pennsylvania (Middle and E.)
Delaware: Michael J. Billingsley
New Jersey
Fourth Circuit (Richmond, VA)
Virginia (W. E.)
Eastern District of North Carolina: William C. Eppinette, Jr. conviction
reversed
North Carolina (W. and Middle)
West Virginia (N. S.)
South Carolina
Fifth Circuit (New Orleans)
Louisiana (W. Middle E.)
Texas (N. S. E. W.)
Mississippi (N. S.)
Sixth Circuit (Cincinnati, OH)
Ohio (N. S.)
Michigan (West East)
Kentucky (W. E.)
Tennessee (W. Middle E.)
Seventh Circuit (Chicago)
Northern District of Illinois: Jeffrey S. Falk conviction
reversed and remanded
Illinois (Central S.)
Wisconsin (W. E.)
Indiana (N. S.)
Eighth Circuit (St. Louis, MO)
Eastern District of Missouri: Michael Weissman conviction
affirmed
Missouri (W.)
Southern District of Iowa: Stephen Smith conviction
affirmed
Northern District of Iowa
Nebraska: Larry K. Zink conviction
affirmed
Arkansas (W. E.)
North Dakota
South Dakota
Minnesota
Ninth Circuit (San Francisco)
Northern District of California: John R. Peet conviction
affirmed and
Burton S. Marks conviction
reversed
Eastern District of California: William R. Williams conviction
affirmed
California (Central S.)
District of Arizona: David M. Rehfield conviction
affirmed and
Bradlely M. Littlefield conviction
affirmed
District of Hawaii: R. Jeffrey Blair conviction
reversed
Washington (W. E.)
Oregon
Montana
Idaho
Nevada
Alaska
Guam
Northern Marana Islands
Tenth Circuit (Denver)
District of Colorado: Mendel L. Cooper conviction
affirmed
Oklahoma (W. N. E.)
Kansas
Wyoming
Utah
New Mexico
Eleventh Circuit (Atlanta)
Alabama (N. Middle S.)
Georgia (N. Middle S.)
Florida (N. Middle S.)
DC Circuit (Wash., D.C.)
Federal Circuit (Wash., D.C.)