Professors Denounce Police Crackdown on Student Protesters, Chief Defends Actions

Police claim they are investigating a crime, but many Cornellians are beginning to think their civil liberties are under attack.

As first reported by the Cornell Review, the Cornell University Police Department (CUPD) is cracking down on student protest organizers with threats of arrest, felony charges, and subpoenas for emails.

Now 95 Cornell professors led by Professor Raymond Craib, histroy, have signed a letter defending the students and expressing alarm that “the central administration and Cornell Police Department may be threatening and intimidating students on the campus” as originally reported in the Cornell Daily Sun.

According to CUPD Chief Kathy Zoner, the investigations do not pertain to recent protests on campus against the newly-imposed $350 student health fee and tuition hikes, but instead to alleged crimes that took place before these protests.

The alleged crimes occurred the night before an on-campus Board of Trustees meeting when someone reportedly broke into Statler Hall Auditorium and used a private computer in the room, according to Chief Zoner. Zoner said the crimes committed were unauthorized access to a computer and burglary.

“Some person or persons broke into a locked room, got into a computer they had no right to access, and altered that computer,” Zoner said in an interview with the Ithaca Voice. “Whether it’s in the name of activism doesn’t lessen that a crime was committed.”

One specific student interviewed by investigators was Daniel Marshall ’15, a notable campus protest organizer, who claims to have recorded his interview with investigators. Cornell police have not authenticated the recording, but a a Judicial Code Counselor confirmed its accuracy to the Sun. Both the Sun and Ithaca Voice are in possession of the recording, the Review is not.

The Ithaca Voice reports the following:

1 — Facing prison sentence

A Cornell police investigator told Marshall that Marshall could face three to seven years in prison unless he cooperated with the investigation, according to the recording.

The investigator told Marshall that unless he answered questions he would be charged with felony burglary.

“I don’t like seeing people get in trouble — you’ve spent four years here, you’re about to graduate, do you really want this on your record?,” the investigator asks.

“You will not get a job with a misdemeanor or felony pending in court. I guarantee it.”

2 — ‘There’s criminal charges pending’

Marshall can be heard at the beginning of the tape asking why he is being interviewed.

The investigator initially says that there are no charges pending within the judicial administration system against Marshall, but later clarifies that there are in fact criminal charges pending.

“Here, let me put it on the table, are you ready for this?,” the investigator asks. “…All right, there’s no JA charges pending; are you ready? There’s criminal charges pending. I have the ability to charge you with a D felony and two misdemeanors right now.”

Later on in the interview, Marshall asks the investigator why he wasn’t told about the possible criminal charges at the beginning of the interview.

“I don’t have to,” the investigator responds. “That’s why.”

(In an interview, Marshall did not admit to using the computer.)

3 — Timing of possible arrest

When telling Marshall that he has to cooperate, the investigator suggests that, if he does not, Marshall is likely to be arrested while in class.

“I’m probably going to come into one of your classes the next few days — walk you out in handcuffs, take you to the sheriff’s department, process you, and put you in front of a judge,” the investigator says. “Does that make sense?”

4 — Response to not answering questions

Marshall declines to answer the investigator’s questions. At one point in the tape, the investigator asks, “Why are you trying not to answer the questions, is that like saying you’re guilty at this point?”

Marshall is ready with a response: “No, that’s me saying it’s my right not to answer the questions.”

Updates to come. Please refer to the Daily Sun report for more on professors commenting on the situation, to the Ithaca Voice for more from Zoner, and to the original Review report for more from student protesters.