A Circuit Court jury Thursday found punk rock performer Kevin Michael (G.G.) Allin guilty of disorderly conduct for defecating on stage and throwing feces at an audience during a performance at the Odd Rock Café.
The jury deliberated for 2 hours and 17 minutes. Circuit Judge John J. DiMotto will sentence Allin Sept. 13. Allin, 34, faces a maximum sentence of 90 days in jail and a $1,000 fine.
The disorderly conduct charge stems from an act Allin and his band, the Toilet Rockers, performed Feb. 28, 1989, at the defunct nightclub at 2010 S. Kinnickinnic Ave.
"The jury was absolutely wrong," a defiant Allin said in an impromptu news conference. "They are a bunch of narrow minded robotic puppets of society who all look like my dead grandmother. I'm not guilty. That jury was just a bunch of hypocrites. They are stupid and ignorant, a bunch of old women."
Allin said he thought his defense, presented by Asst. Public Defender Peter Goldberg, was good.
"By condemning me, they are condemning the whole underground rock 'n' roll movement," Allin said. "But I'm going to continue to do it because I'm God, Jesus Christ and Satan all rolled into one."
Allin vowed he would commit suicide on stage Oct. 31, 1992.
"It will be the ultimate rock 'n' roll show and will make me much stronger in the next world," Allin said.
The only reason he did not commit suicide in 1990 was because he was in prison in Michigan, he said. He declined to elaborate.
Goldberg said he would appeal.
"The appeal issues will concern errors by the court and some constitutionality issues," Goldberg said. "I hope he (Allin) will keep his life going beyond 1992 because the appeal might take that long to get to the Supreme Court."
The city's 1955 disorderly conduct statute is antiquated and "didn't reflect the developments of law in the last 35 years," Golberg said.
A woman juror who asked not to be identified said, "We all felt he was guilty, but there was some discussion as to whether he caused a disturbance."
Asst. Dist. Atty. Michael Steinhafel could not be reached for comment after the verdict.
In his closing argument, Steinhafel said the issue was not whether Allin's act was art.
"If it's art, so what?" Steinhafel said. "Just because they say it's art, it's also a crime."
Allin's conduct was abusive and indecent, led to a disturbance, violated "our sense of propriety and decency," and "did unreasonably offend the community," Steinhafel told the jury. By finding Allin guilty, he said, the jury would not "be limiting the marketplace of ideas."
Goldberg said in his closing argument that the performance was before a consenting audience.
"His art might be shocking but it hits home to angry youth," Goldberg said.
The audience cheered Allin's performance, Goldberg said.
"There was applause, shouts of encouragement, they danced and gave the thumbs up sign. There was no disruption, no disorder and no breach of peace," Goldberg said.
The fact that several members of the audience walked out does not constitute disorderly conduct, Goldberg said. "Is the state going to punish poor art?"
Mike Christopulos
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