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Judge rules against atheist attacked in costume [Video at link]
ABC News ^ | February 22, 2012 | Dennis Owens

Posted on 02/27/2012 10:00:42 AM PST by James C. Bennett

MECHANICSBURG, Pa. (WHTM) - It almost sounds like the makings of a joke: an atheist, a Muslim and the Mechanicsburg Halloween parade. But non-believers aren't laughing about an attack and insist what's really frightening is the way a district judge ruled on it.

The Atheists of Central Pennsylvania decided to walk in the Mechanicsburg Halloween parade. There was a zombie Pope and a zombie Muhammed. On YouTube, you can catch a scary moment. It's dark and distorted, but a Muslim man comes off the curb extremely offended at Muhammed being depicted in this way.

"He grabbed me, choked me from the back, and spun me around to try to get my sign off that was wrapped around my neck," said Ernie Perce, who donned the costume.

The Muslim man and Perce both called police to report a crime. Both kept walking, and a few blocks down found Sgt. Brian Curtis. He talked to both and came to this conclusion.

"Mr. Perce has the right to do what he did that evening, and the defendant in this case was wrong in confronting him," he said.

Talaag Elbayomy was charged with harassment, but District Judge Mark Martin threw it out after criticizing Perce, the victim, and even calling him a "doofus." The audio is also on YouTube.

Martin, who has done several tours of duty in the Middle East, said Perce would be put to death in those societies for his crime, but Perce wonders why that's relevant in this country.

"He let a man who is Muslim, because of his preference of his culture and his way of life, walk free from an attack," Perce said.

R. Mark Thomas represented Elbayomy and applauds the judge.

"I think this was a good dressing down by the judge," he said. "The so-called victim was the antagonist and we introduced evidence that clearly showed his attitude toward Muslims. The judge didn't do anything I wouldn't have done if I was in that position."

Although Elbayomy denied touching Perce at trial, Curtis said he admitted grabbing Perce's sign and beard the night of the incident.

Talaag Elbayomy said he was at the parade with his wife and two kids and felt he just had to do something. In fact, he too called police because he thought it was a crime for someone to depict Muhammed in such a way. He has since learned otherwise.


TOPICS: News/Current Events
KEYWORDS: firstamendment; freespeech; islam; muhammad
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To: joe fonebone

The State can’t appeal an acquittal.

This was a criminal case. The Commonwealth of Pennsylvania had the burden of proof. If they judge finds the defendant not guilty, there is no appeal.


21 posted on 02/27/2012 10:32:35 AM PST by willamedwardwallace
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To: willamedwardwallace

LOL, are you the same judge posting here?


22 posted on 02/27/2012 10:32:57 AM PST by James C. Bennett (An Australian.)
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To: James C. Bennett

Nope. And “conspiracy” is the last retreat of small minds.


23 posted on 02/27/2012 10:34:05 AM PST by willamedwardwallace
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To: willamedwardwallace

Well, you’re the one conspiring that the video was edited.

It wouldn’t be hard to find witnesses to confirm the audio on that tape...


24 posted on 02/27/2012 10:37:24 AM PST by James C. Bennett (An Australian.)
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To: James C. Bennett

have leftists come out on a side yet?


25 posted on 02/27/2012 10:37:59 AM PST by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: Jack Hydrazine

Islam supposedly claims no divinity for Muham’n’eggs but his goofy followers sure seem to.


26 posted on 02/27/2012 10:40:45 AM PST by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: James C. Bennett
In fact, he too called police because he thought it was a crime for someone to depict Muhammed in such a way.

Wonder if this guy's an illegal immigrant. It would be terrible if this guy is an American citizens with such outright ignorance of this nation's laws.

27 posted on 02/27/2012 10:42:14 AM PST by Crucial
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To: willamedwardwallace
In short, I based my decision on the fact that the Commonwealth failed to prove to me beyond a reasonable doubt that the charge was just

Since when do they have to prove a charge was "just" when the defendant provably commits assault?

This "judge" needs to be made subject to his own standard.

28 posted on 02/27/2012 10:44:24 AM PST by papertyger
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To: willamedwardwallace

“Keep in mind that the atheist was also attacking Christianity to”

That’s not relevant.


29 posted on 02/27/2012 10:47:22 AM PST by rbmillerjr (Conservative Economic and National Security Commentary: econus.blogspot.com)
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To: willamedwardwallace
Is there any evidence that the recording was manipulated? What makes the veracity of an "official" recording better than that of an unofficial one? The govenment imprimatur? LOL.

The atheist-ass that he obviously is-was not "attacking" anyone. If lampooning someone's faith rises to incitement I've got a lifetime of free boxing practice with live punching bags, and that's just if I limit myself to the MSNBC editorial staff. Free speech is free speech. Had the atheist been inside a mosque I could see your point. But he wasn't. Mr. Atheist was in a public place. He was breaking no laws and had every right to be secure in his person while he acted out exercised his right to free speech. We don't have to like what he was saying to defend him.

30 posted on 02/27/2012 10:48:11 AM PST by jboot
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To: James C. Bennett

I called his office and told him to resign. You should too.


31 posted on 02/27/2012 10:54:03 AM PST by struggle (http://killthegovernment.wordpress.com/)
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To: James C. Bennett

they’re so immersed in it. And what you’ve done is, you’ve completely trashed their essence, their being. They find it very, very, very offensive.

who wouda guessed?

so the muslim guy goes scot free because he’s muslim not because he’s innocent. if this keeps up our courts are in deep door doo


32 posted on 02/27/2012 10:56:00 AM PST by Gasshog (going to get what all those libs asked for, but its not what they expected.)
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To: jboot

This “judge” is totally incompetent. He can’t even look at simple 5th grade facts and see obvious guilt.

You’ll notice there is no contesting of the facts that the Muslim attacked the parading costumer of Muhammad.

The nitwit judge simply states that the defendant thought he was right. The judge has no other evidence for a “not guilty” charge. He also shows lack of judicial temperament by opining that the attacked man was a “doofus”


33 posted on 02/27/2012 11:00:17 AM PST by rbmillerjr (Conservative Economic and National Security Commentary: econus.blogspot.com)
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To: jboot

This “judge” is totally incompetent. He can’t even look at simple 5th grade facts and see obvious guilt.

You’ll notice there is no contesting of the facts that the Muslim attacked the parading costumer of Muhammad.

The nitwit judge simply states that the defendant thought he was right. The judge has no other evidence for a “not guilty” charge. He also shows lack of judicial temperament by opining that the attacked man was a “doofus”


34 posted on 02/27/2012 11:00:40 AM PST by rbmillerjr (Conservative Economic and National Security Commentary: econus.blogspot.com)
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To: James C. Bennett

On the other hands, atheists are very bold about showing their contempt for the feelings of religious people, while claiming to be offended by the most innocuous religious display. Once upon time, this was not the case. Good manners , just good sense dictates that we treat others with respect, and not just atheists. Many a knife fight in a bar has started with a stupid insult.


35 posted on 02/27/2012 11:12:56 AM PST by RobbyS (Christus rex.)
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To: willamedwardwallace

then the victim of the crime can file a complaint.


36 posted on 02/27/2012 11:15:00 AM PST by joe fonebone (Project Gunwalker, this will make watergate look like the warm up band......)
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To: RobbyS

Muslims have it ingrained in their Quran to not treat non-Muslims with respect. Their arrogance is produced purely as a result of it being sanctioned by their cult’s scriptures.


37 posted on 02/27/2012 11:19:43 AM PST by James C. Bennett (An Australian.)
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To: GraceG
So true, at least the humans in the ACLU. The robots will self-destruct with an "Error, error" message like computers in Star Trek episodes.
38 posted on 02/27/2012 11:28:14 AM PST by 92nina
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To: James C. Bennett

“It’s their culture, their culture, their very essence, their very being.”

This is a remarkable statement of Dhimmitude. Any judge sitting in an American courtroom should first and foremost say: “The Constitution is our culture, our very essence, our very being as a nation and as a system of laws”.

Why does the culture of Constitutional governance bow before a culture of intensely ethnocentric hostility? Sickening.

Whatever his other good qualities may be, including his military service, this judge either does not understand American jurisprudence or chooses to submit our legal principles before the Muslim tide.


39 posted on 02/27/2012 11:40:48 AM PST by JewishRighter (Anybody but Hussein)
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To: James C. Bennett

As a Catholic I was offended by the mockery of the pope. But if I were to simply to throw a tomato at the guy wearing the costume, I would be locked up. I hate this fact, but in this case I am on the side of the Muslim. He did not real harm to the guy.


40 posted on 02/27/2012 11:51:48 AM PST by RobbyS (Christus rex.)
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