United States v. Eichman

756 F.Supp. 143 (1991)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Eichman (D) and Urgo (D) went to the Armed Forces Recruiting Station at Times Square and climbed onto the roof using a ladder. Ds poured motor oil over the surface of the roof and onto the exterior signs of the building. Ds then lowered the American flag flying over the building, doused it with lighter fluid and set it on fire. Defendants claim that their activities were acts of political protest symbolizing their objection to American policy in the Persian Gulf. Ds were arrested on the roof and the next day were arraigned on a complaint charging attempted arson of the recruiting station. The indictment returned by the grand jury charged Ds with: (1) injuring and committing depredations against property of the United States; (2) reckless endangerment; and (3) burglary in the third degree. Ds made a request for a Bill of Particulars. The government responded and stated that the Ds unlawfully entered upon the roof of the Recruiting Station. Ds moved to dismiss the burglary count of the indictment claiming the government would be unable to prove the 'entry' element of the burglary count at trial. Ds moved in the alternative to inspect the minutes of the grand jury proceedings. P asks the Court to reach the merits of Ds' argument regarding the entry element.