Eric M. Mann and two other Weathermen-all accused of participating in last months violent disruption of Harvard's Center for International Affairs-were released yesterday without bond from the jail at which they were being held on a felony charge growing out of a different disruption.
Judge Reuben A. Lurie '21, of the Suffolk County Superior Court, released Mann, Henry A. Olson, and Philip C. Nies from the Charles Street Jail on personal recognizance after hearing an appeal for reduced bond from William P. Homans Jr. '48, counsel for the three. Bond had been set at $7500 for Mann and at $5000 for each of the other two.
"I was only going to ask Judge Luric to reduce bond to $1000 cash," said Homans, who defended former Harvard graduate student Michael Ferber in the "Spock Trials" last year. "But when I saw which way the judge was thinking, I decided to ask for no bail-and got it."
Two Brothers and a Dangerous Stick
Mann, Olson, and Nies are wanted for allegedly committing assault and battery with a dangerous weapon at a disruption of Boston English High School on October 1. Matthew A. King, the detective sergeant at Division 10 of the Boston Police Department who signed the complaint against Mann, is the brother of Patrick King, the Boston English football coach whom each of the three allegedly attacked with a "dangerous weapon" -a stick.
The Roxbury Municipal Court will hold a "hearing on probable cause" on the cases on November 7 to determine if the three should be brought before the Suffolk County Grand Jury. Homans said heis "pretty sure" that the Grand Jury will then hear the cases.
The maximum penalty in Massachusetts for assault and battery with a dangerous weapon is ten years in the State Prison.
Back in Court
Five days after the "probable cause" hearing, the three Weathermen will stand trial in Cambridge's Third District Court on charges growing out of the September 25 CFIA disruption. The Court can decide on their guilt or innocence and, if necessary, sentence them.
Mann is wanted on seven counts for the CFIA disruption - three of assault and battery, two of disturbing the peace, one of defacing a school building, and one of disturbing a school assembly. Olson is wanted on two counts of assault and battery and one of disturbing the peace, and Nies on one count of disturbing the peace.
Press Conference Arrest
The Cambridge police arrested Mann, Olson, and Nies on the CFIA charges at 11:30 a. m. last Friday after a press conference which Mann had called in the Old Cambridge Baptist Church. The three were arraigned before Judge Edward M. Viola of the Third District Court at 2 p. m., with Viola continuing the case until November 12.
They were then taken to the Middlesex County Jail in Billerica, where they stayed until 7 p. m. Bond was posted for all three-$2500 for Olson, and $250 for Nies-but, before they left the jailhouse, the Boston police serverd them with the Boston English warrants. The police then took them to the District 10 cellblock in Roxbury Crossing.
Homans said last night that he asked an officer of the Third District Court to hold Mann, Olson, and Nies at the Court-house until bond could be posted for them there.
But the three were driven to Billerica for four hours and from there to the District 10 cellblock, instead of being allowed to go directly to the cellblock after posting bond at the Courthouse. "A bondsman was on his way to the Courthouse" as Mann, Olson, and Nies were being taken away, Homans said.
Bond was set temporarily for each of the three at $1000 on Friday evening, and they were released from the District 10 cellblock at 11:30 p.m. after posting it. The next morning, Judge Charles I. Taylor of the Roxbury Municipal Court-the same court which will hold the "hearing on problable cause" on November 7-raised the bail to $7500 for Mann and $5000 each for Olson and Nies. They then began their four-day stay in the Charles Street Jail.
It was Taylor's decision that was appealed successfully by Homans yesterday.