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Fred Hampton — Part 3
Page 89
89 / 251
Nos. 77-1698, 77-1210 & 77-1370 85
that the judge permitted the fallen pitcher and broken
glass to remain on the floor after the jury returned to
the courtroom.
While we do not intend to condone Taylor’s gesture of
anger, we are convinced, in the words of Judge Duffy in
his dissent in McConnell, “. . . there was no interference
with the conduct of the trial. There was no obstruction
in the administration of justice.” Parmelee Transp. Co. v.
Keeshin, 294 F.2d 310, 318 (7th Cir. 1961). And the
euprenis Court agreed with Judge Duffy’s appraisal in
at case.
What we have said about Taylor’s complained-of con-
duct applies to Haas’ conduct as well. Haas was held in
contempt for saying “we can’t cover up the coverup.”
After saying this, he tried to explain: “That is part of
our complaint, that they covered up, Judge.” The judge,
however, took the remark as personally directed at him.
In the context of what had happened before, the judge,
in our opinion, had no reason to interpret the remark in
that manner, and should have given Haas the benefit of
every doubt. This court’s statement in In re Dellinger is
pertinent:
While McConnell cannot’ be read as an immuniza-
tion for all conduct undertaken by an attorney in
good faith representation of his client; it does re-
quire that attorneys be given great latitude in the
area of vigorous advocacy. Appellate courts must
ensure that trial judges (or the jury on remand) are
not left free to manipulate the balance between
vigorous advocacy and obstructions so as to chill
effective advocacy when deciding lawyer contempts.
Admittedly, the line defies strict delineation (Gold-
farb, The Contempt Power, 172 (1971) ), but by our
resolving doubts in favor of advocacy, an indepen-
dent and unintimidated bar can be maintained
while actual obstruction is dealt with appropriately.
* * &
Attorneys have a right to be persistent, vociferous,
contentious, and imposing, even to the point of
appearing obnoxious, when acting on their client’s
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