University of Iowa police officers testified Tuesday that Tara McGovern was not mentioned in initial police reports following a protest of speaker Chloe Cole at the Iowa Memorial Union in October.

McGovern, 45, who uses they/them pronouns, was charged in November after detectives on the case reviewed camera footage reportedly showing McGovern interfering with official acts by telling a group to “stay together.” After cross-examination on Tuesday, the officer was unsure whether McGovern was the person who made the remarks.

About three dozen members of the public gathered in the Johnson County Courthouse for the first day of McGovern’s trial, which will decide whether McGovern is guilty of two charges relating to the October protest. The trial was moved from the second floor to a larger room on the third floor by Iowa District 6 Judge Jason Burns to accommodate the number of public attendees.

McGovern, who pleaded not guilty, was charged with a serious misdemeanor for allegedly blocking an intersection during a protest and a simple misdemeanor for interfering with official acts after reportedly ignoring police commands to stop protesting in the street. McGovern’s legal last name is Dutcher, which is used on court documents filed, but they prefer the last name McGovern.

If convicted of a serious misdemeanor, McGovern could face a fine of at least $430, but not exceeding $2,560, or imprisonment for a term no greater than a year under Iowa law.

Walking into the Johnson County Courthouse Tuesday morning, McGovern said they feel supported by their community going into the trial. McGovern said the charges against them violate their First Amendment rights. They are an Iowa City music teacher with a degree in music therapy from the UI.

“These charges are unconstitutional,” McGovern said in an interview with The Daily Iowan. “We’ve wasted a lot of the county’s time and resources on something that should never have gotten this far.”

The protesters were charged under the 2021 “back the blue” law, which redefined definitions of charges, such as criminal mischief and disorderly conduct, among other crimes, that often relate to public protests. McGovern was the only person of the seven protesters who did not take a plea deal that would reduce their charges and avoid a jury trial.

The protest in question took place on Oct. 16, 2023, when hundreds of people gathered to protest conservative speaker Chloe Cole, who was invited to campus by the UI chapter of Young Americans for Freedom. Cole is an activist who in the past has spoken against gender-affirming care for minors. She previously identified as a transgender boy but later detransitioned.

McGovern was among seven protesters, who all identify as transgender or nonbinary, contacted by UIPD a month after the protest to alert them they would be charged.

During court proceedings, UIPD Detective Ian Mallory testified that the reason for the delay in charges was due to him being on vacation after the protest and not returning until Nov. 1.

After opening statements, prosecutors called three UI police personnel, who were on duty the night of the protest, to the witness stand: Travis Tyrrell, Adam Herrig, and Mallory.

Tyrrell testified as the leading officer at the IMU the night of the protest. At approximately 7:50 p.m., 10 minutes before Cole’s lecture concluded, protesters reportedly began marching around the intersection of Jefferson Street and Madison Street for around 20 minutes.

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He said this blocked the intersection, which is the only way cars could vacate that area of campus. Herrig testified that as many as 20 to 30 cars were reportedly backed up on Madison Street.

Tyrrell said five to six officers went to clear one lane of traffic, however, the protesters reportedly were generally resisting this attempt. He said officers resorted to “soft physical tactics.”

A body camera video of Tyrrell showed him physically moving protesters away from the street.

Bodycam footage showed McGovern telling Tyrrell it was “not illegal to protest” and to get his hands off of McGovern during this attempt by police.

Tyrrell testified McGovern did move out of the road lane UIPD was trying to clear after he told them to move away from that area of the road.

During cross-examination, McGovern’s attorney Gina Messamer asked Tyrrell about the timing of his police reports relating to the protest. Tyrrell testified he wrote his first report shortly after the protest and did not mention McGovern’s name in it. However, after a request from Mallory, Tyrrell wrote a second report to supplement information on McGovern.

Tyrrell’s second report claims McGovern told other protesters to “stay in the group” after he ordered them to move, which prosecutors cited as the reason for charging McGovern with interference with official acts.

Mallory testified he did not read Tyrrell’s initial report. Mallory said McGovern was identified as someone UIPD would charge after consulting bodycam footage and a recording from a UIPD camera located on the northeast corner of Hubbard Park.

He said police was aware of McGovern before the night of the protest by examining social media activity. He said he remembered McGovern was an activist against the Johnson County Sheriff’s Department keeping or replacing an armored vehicle called MRAP in 2021 and had posted about it online.

Tyrrell was shown the moment in the bodycam footage that prosecutors allege McGovern made the statement for protesters to stay in a group. After reviewing the footage, Tyrrell said he was not as confident that McGovern was the person who made the remark and said people were moving in front of them when it was said.

All three witnesses testified the crowd eventually let traffic through after a call was made to the Iowa City Police Department for additional officers. The group was allowed to resume protesting at the intersection after the cars dispersed.

“We didn’t anticipate the level of protest there was,” Herrig testified.

Upon the conclusion of the three witnesses’ testimony, the state rested its case. The trial will resume on Wednesday, and jury members will hear the defense’s case. McGovern is expected to give a statement.