Whitney Gets Prison Term, Sobel Is Put on Probation

Stating that "the revolution stops at the courthouse," Judge Lawrence Feloney yesterday sentenced James M. Whitney, associate professor of Mathematics at the University of Massachusetts, to a year-and-a-half in prison for assault and battery on a police officer and disorderly conduct.

Feloney also gave co-defendant Michael Sobel '72 a three-month suspended sentence and a year's probation for disturbing the peace by taking pictures.

Whitney said yesterday he planned to appeal the case. "It'll be better next time," he said. Sobel said he would not appeal.

The two were convicted after a two-day trial without jury in Middlesex County Third District Court. The charges stemmed from disturbances surrounding the Cheyney Ryan trial on October 30.

In testimony today, Whitney denied that he had struck any police officer. He said that he had merely walked forward to try to help a girl who had been pushed to the floor when police cleared the courtroom at the end of the Ryan trial.

When Cambridge Police Lt. Henry Breen, acting as prosecutor, asked Whitney whether he had hit Cambridge Police Capt. Joseph Cusack, Whitney replied he had not.

"Everybody in this courtroom knows who's lying, and who's telling the truth," said Whitney. The judge warned Whitney against making such statements.

Defense witnesses said that throughout the Ryan trial, Cusack was dressed in a business suit and that his badge was not visible to Whitney when Whitney walked towards the group of people.

Sobel denied on the stand prosecution charges that he had called a policeman a "fascist pig." He also denied that he had blocked traffic and caused disturbances while standing in the street.

He said that he was taking pictures of the confusion which followed the trial and trying to escape from police who were trying to take his camera.

In summaries today, defense lawyers Harvey Silverglate and Daniel Klubock pointed out that 15 defense witnesses had testified that Whitney had not deliberately hit Cusack, and that Sobel had not created a disturbance.

In his decision. Feloney proclaimed that Whitney had approached the crowd in the courtroom at the Ryan trial so "intent on the revolution" that he struck Cusack.

Not the Leaders

Commenting on Sobel's sentence, Feloney said, "Sometimes it's not the people who are centrally involved [in disturbances] who are charged, but we have Mr. Sobel before us."

Tomorrow morning, the last of four Ryan trial disruption cases will be held. John Pennington, national secretary of SDS, faces charges of contempt of court and disorderly conduct.