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Dutcher testifies as jury enters deliberation on second day of trial for Cole protestor

Ryan Hansen, Iowa City Press-Citizen
5 min read
The flags of the United States and state of Iowa are seen flanking the judge bench in courtroom 3A, Friday, July 29, 2022, at the Johnson County Courthouse in Iowa City, Iowa. Tara Dutcher's case was moved upstairs to courtroom 3A early Tuesday after a large contingent of the public attended the first day of proceedings.
The flags of the United States and state of Iowa are seen flanking the judge bench in courtroom 3A, Friday, July 29, 2022, at the Johnson County Courthouse in Iowa City, Iowa. Tara Dutcher's case was moved upstairs to courtroom 3A early Tuesday after a large contingent of the public attended the first day of proceedings.

Coralville resident Tara Dutcher took the stand in their defense Wednesday, March 13, for the second day of their trial related to protest actions brought on by the state last October.

Dutcher is accused of interfering with official acts while protesting Chloe Cole's appearance on the University of Iowa campus on Oct. 16. In her talk, hosted by the UI chapter of Young Americans for Freedom in front of a roughly 150-person crowd in the Iowa Memorial Union’s Black Box Theatre, Cole detailed her experience as a “de-transitioned” teenager and her work in recent years to share her story and stop youth gender transitioning.

More than 100 demonstrators circled the intersection of Madison Street and Jefferson Street during Cole's appearance. Police say Dutcher played a role in blocking the road and resisted police during the protest.

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Dutcher is one of seven protesters who are facing interference and disorderly conduct charges. Five have taken plea deals to pay a fine. Dutcher is one of two protesters who decided to take their case to trial, potentially facing jail time if convicted.

In Dutcher’s testimony, they detailed their long-time residency in the Iowa City area. Dutcher's attorney helped draw a parallel between their residence and advocacy which started when they came to the University of Iowa more than 25 years ago.

More: UI police officers detail night of Chloe Cole protest on opening day of protester’s trial

Dutcher said they wanted to 'support the transgender community'

Dutcher testified that on Oct. 16, 2023, they decided to go to the Iowa Memorial Union, where the formerly transgender Cole was set to speak. Dutcher said Cole was the second “incendiary” speaker invited to campus by the UI’s Young Americans for Freedom chapter last year.

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Dutcher said repeatedly that they went to the IMU to "show up and support the transgender community."

“Trans rights are a big value to me as a trans person, a parent to a trans person and a friend of many trans people,” Dutcher said on the stand.

After nearly two hours of making "their voice heard inside and outside of the Iowa Memorial Union," Dutcher admitted that they were part of a larger group with "no known leadership" that entered the intersection.

Eventually, as police attempted to clear people from the northeast corner of the intersection to open a lane for cars, Dutcher testified that they noticed University of Iowa police Lt. Travis Tyrell “pushing and grabbing anyone who came near."

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Dutcher said they also saw another officer they were familiar with being even more “violent” than Tyrell, which is when Dutcher started recording.

“It was never my intent to block cars,” Dutcher said. “My intent when my camera is out is to document instances of police misbehaving, putting their hands on people, yelling at people. My intent was to keep my community safe.”

Dutcher, who is in their 40s, laughed at the idea that the state was trying to target them as a group leader.

In Lt. Tyrell's testimony on Tuesday, March 12, he said his body camera footage showed Dutcher instructing others to “stay in a group.”

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Dutcher refuted that claim from the stand on multiple occasions.

“I have no plans to protest on (UI) campus in the future because I think the University of Iowa Police Department has no oversight.”

More: Riverside breeder facing 41 counts of animal neglect after 131 dogs seized from facility

Cross-examination accuses group of blocking traffic for attention

Assistant Johnson County Attorney Jacob Behnke referenced his opening statement during Dutcher's cross-examination, wondering why they chose to march in the street rather than nearby Hubbard Park.

Dutcher said the protest was where the event occurred.

Behnke wondered why the protestors entered the street and why the same message — which Dutcher said was about standing with the trans community — wasn't spread from the sidewalk.

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Dutcher said circling the intersection was "(An attempt) to be visible” and “making ourselves seen.”

Behnke challenged Dutcher to explain the group's will, continuing to lean on the allegation that Dutcher was a leader.

More: Johnson County attorney faces censure for charging trans protesters at Chloe Cole event

Chairs for the jury in courtroom 3A are seen, Friday, July 29, 2022, at the Johnson County Courthouse in Iowa City, Iowa.
Chairs for the jury in courtroom 3A are seen, Friday, July 29, 2022, at the Johnson County Courthouse in Iowa City, Iowa.

Jury to begin deliberations as sides make closing arguments

Judge Jason Burns drafted jury instructions on Wednesday morning, approving additions that clarified what constitutes as interference with official acts, ensuring a verbal back-and-forth with police is not illegal.

Behnke leaned on photo evidence in the state’s closing arguments but asked why Dutcher's videos from the October protests weren't entered as evidence by the defense.

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Dutcher’s attorney, Gina Messamer, then provided the videos to the court and told the jury that "any sliver of doubt on each piece of evidence means Dutcher is not guilty."

Messamer compared protesters crossing the crosswalk to pedestrian or car traffic blocking the road on a football game day. She said the October traffic backup was a side effect of the protest just as it would be during a football game.

Messamer also invoked testimony from Det. Ian Mallory and Lt. Travis Tyrell, noting how they didn't include Dutcher’s name in their initial report.

The jury started deliberations Wednesday afternoon, which may stretch into Thursday.

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A verdict will not be delivered in open court. It will be posted online after Judge Burns has reviewed it, alongside signatures from each juror.

Ryan Hansen covers local government and crime for the Press-Citizen. He can be reached at [email protected] or on X, formerly known as Twitter, @ryanhansen01.

This article originally appeared on Iowa City Press-Citizen: Tara Dutcher trial: Defendant testifies as jury begins deliberations

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