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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: willamedwardwallace
He’s not a Muslim according to his response.

Someone is lying then -

Judges, muslims and reporters - you know how they all lie.

Did you read the original post?

"Whenever it is very common, their language, when they’re speaking to each other, it’s very common for them to say, uh, Allah willing, this will happen. It’s, 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. I’m a Muslim. I find it offensive. I find what’s on the other side of this [sign] very offensive. But you have that right, but you are way outside your bounds of First Amendment rights."


41 posted on 02/27/2012 11:55:56 AM PST by Iron Munro ("Don't pick a fight with an old man. If he is too old to fight he'll just kill you." John Steinbeck)
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To: Farmer Dean

If you were to mock gays in a “pride” parade, how long do you think that you would have to live? How about making fun of black pride?

In New York City, some spectators were furiously attacked by gays for expressing too freely their critical “audience response.” No one was arrested.


42 posted on 02/27/2012 11:59:10 AM PST by docbnj
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To: willamedwardwallace

APPARENTLY -

I would disbar him anyway.

In fact - if I had ever had a case before him - and lost - I would use this as an immediate support for appeal. (I’m sure some lawyer will correct me - as “insane judge” is not appealable) - but - seriously - if he can be this far off target here - anyone has a case that their case was mishandled.

The judge - clearly - has no idea what he is doing there.

People manage to wear Yankee caps in Fenway .... etc.

He didn’t just screwup the assault - he sided with the assailant.

I suppose nothing should surprise me any more.


43 posted on 02/27/2012 12:11:20 PM PST by Eldon Tyrell (question,.)
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To: Iron Munro

That was transcribed from a very bad recording, that was published by the atheist defendant. The judge responded quite clearly that he is not in fact a Muslim.

There are a couple of possibilities. Someone is lying. (Could be the judge, could be the atheist). The tape was deliberately edited by the atheist. The judge misspoke. The judge was speaking in the subjunctive. The tape didn’t catch him saying “IF” or “NOT”.

If you look at the rest of the transcript, it wouldn’t make sense for the judge to refer to Muslims as “THEY” throughout much of the tirade, then to suddenly switch and say “I’M”.

Logically, that doesn’t compute.

Also, it would be blasphemy for a Muslim to claim to follow Christ as a Lutheran, and the Judge actually did that in the response.

I guess though, the internet crowd is specifically invested in the judge being a Muslim, fact or not.


44 posted on 02/27/2012 12:14:02 PM PST by willamedwardwallace
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To: willamedwardwallace
If you carefully read the reference you gave to show that the judge is not a muslim you might note that he does not deny being a muslim and does not claim to be a member of any other faith. He obfuscates.

Having a bible alongside his Koran, being a Lt. Colonel in the Army Reserve and having served three tours in muslim countries does not automatically mean he is not a muslim.

Why didn't he just clearly state "I am not a muslim" if he was concerned about the statement being incorrect?

Regardless of his religion - he is a pee-poor judge who showed poor judgment for engaging in a pro-Islam rant on the bench. Especially in a case when he is dropping charges against a muslim defendant.

I certainly wouldn't want to rely on his judgment as a Lt. Colonel in a muslim land when my life is in the balance.

He claims that I’m biased towards Islam, apparently because he thinks I’m Muslim. In fact, those of you who know me, know that I’m an Army reservist with 27 years of service towards our country (and still serving). I’ve done one tour in Afghanistan, and two tours in Iraq, and am scheduled to return to Afghanistan for a year this summer. During my first tour in Iraq, I was ambushed once, attacked by a mob once, sniped at once, and rocketed, bombed, and mortared so many times that I honestly don’t know how many time I’ve been attacked. Presumably by Muslim insurgents.

My point: if anyone SHOULD be biased towards Muslims, one would think it would be me. I’m not, however, because I personally know or have met many good, decent people who follow Islam, and I shouldn’t characterize the actions of those who tried to kill me as characterizations of all Muslims.


45 posted on 02/27/2012 12:15:18 PM PST by Iron Munro ("Don't pick a fight with an old man. If he is too old to fight he'll just kill you." John Steinbeck)
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To: willamedwardwallace
If you carefully read the reference you gave to show that the judge is not a muslim you might note that he does not deny being a muslim and does not claim to be a member of any other faith. He obfuscates.

Having a bible alongside his Koran, being a Lt. Colonel in the Army Reserve and having served three tours in muslim countries does not automatically mean he is not a muslim.

Why didn't he just clearly state "I am not a muslim" if he was concerned about the statement being incorrect?

Regardless of his religion - he is a pee-poor judge who showed poor judgment for engaging in a pro-Islam rant on the bench. Especially in a case when he is dropping charges against a muslim defendant.

I certainly wouldn't want to rely on his judgment as a Lt. Colonel in a muslim land when my life is in the balance.

He claims that I’m biased towards Islam, apparently because he thinks I’m Muslim. In fact, those of you who know me, know that I’m an Army reservist with 27 years of service towards our country (and still serving). I’ve done one tour in Afghanistan, and two tours in Iraq, and am scheduled to return to Afghanistan for a year this summer. During my first tour in Iraq, I was ambushed once, attacked by a mob once, sniped at once, and rocketed, bombed, and mortared so many times that I honestly don’t know how many time I’ve been attacked. Presumably by Muslim insurgents.

My point: if anyone SHOULD be biased towards Muslims, one would think it would be me. I’m not, however, because I personally know or have met many good, decent people who follow Islam, and I shouldn’t characterize the actions of those who tried to kill me as characterizations of all Muslims.


46 posted on 02/27/2012 12:15:41 PM PST by Iron Munro ("Don't pick a fight with an old man. If he is too old to fight he'll just kill you." John Steinbeck)
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To: Eldon Tyrell

He can’t be disbarred. He isn’t a lawyer. Disbarment is a remedy applicable to lawyers. District Judges in Pennsylvania are elected Magistrates. Many are not lawyers. There is no requirement to be a lawyer to be a District Judge.

An acquittal cannot be appealed.


47 posted on 02/27/2012 12:16:16 PM PST by willamedwardwallace
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To: Eldon Tyrell

He can’t be disbarred. He isn’t a lawyer. Disbarment is a remedy applicable to lawyers. District Judges in Pennsylvania are elected Magistrates. Many are not lawyers. There is no requirement to be a lawyer to be a District Judge.

An acquittal cannot be appealed.


48 posted on 02/27/2012 12:16:54 PM PST by willamedwardwallace
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To: RobbyS
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.

Reminds me of a quote:

I hate this fact, but in this case I am on the side of the Muslim. He did not real harm to the guy.

So, you're okay with random strangers suddenly appearing from nowhere and strangling your neck? In my book, if a stranger merely as much touches me with a feather against my will, the person deserves to face legal consequences. It's not about the amount of harm, but rather, the principle of the invasion.

49 posted on 02/27/2012 12:17:26 PM PST by James C. Bennett (An Australian.)
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To: willamedwardwallace; Iron Munro
I guess though, the internet crowd is specifically invested in the judge being a Muslim, fact or not.

Your misdirection attempt is noted. The "internet crowd" is specifically invested in the fact that this was a bad verdict made spectacularly worse by the judge's pedantic ramble in which he displays his woeful lack of understanding of US law, specifically the First Amendment.

50 posted on 02/27/2012 12:24:59 PM PST by jboot
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To: James C. Bennett

The principle of the guy being able to insult me to my face and he gets immunity? Fact is that the marshall of the parade should not allow such stuff. Once upon a time, he would not, but now atheists and gays are thought to have the right to ridicule the religion of other peoples.


51 posted on 02/27/2012 12:25:38 PM PST by RobbyS (Christus rex.)
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To: James C. Bennett

The principle of the guy being able to insult me to my face and he gets immunity? Fact is that the marshall of the parade should not allow such stuff. Once upon a time, he would not, but now atheists and gays are thought to have the right to ridicule the religion of other peoples.


52 posted on 02/27/2012 12:25:58 PM PST by RobbyS (Christus rex.)
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To: ModelBreaker

“Bulls are dumb animals and are not expected to be able to conform themselves to difficult rules of conduct like, “don’t attack humans.” Muslims, OTOH”

You’re saying Muslims are different in their behavior than bulls?

Not from what I’ve seen and read they aren’t. Just replace the word “Bulls” in the first place in your comment and you’ll see it works and sounds correct.

Guess this should show the Atheists just which is the religion of peace.


53 posted on 02/27/2012 12:35:24 PM PST by Jack Burton007 (This is Jack Burton in the Pork Chop Express, and I'm talkin' to whoever's listenin' out there.)
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To: RobbyS
The principle of the guy being able to insult me to my face and he gets immunity?

The principle of not having your person violated by a stranger. Do you not see that the Muslim attempting a strangulation on the person in question was a violation of his rights?

That said, who ever guaranteed you immunity against insult? Anyone should be free to insult anyone else. Otherwise, the freedom of expression has no meaning.

54 posted on 02/27/2012 12:45:24 PM PST by James C. Bennett (An Australian.)
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To: rbmillerjr

For the last 15 years or so there has been a creeping concept in the US that we have the right to not be offended. What I call the missing section 11 of the bill of rights.

This is one of the results of this type of thinking. It’s the same logic that says if someone burns a Koran then those offended can kill, burn, and destroy property because of the offense.


55 posted on 02/27/2012 12:54:51 PM PST by morphing libertarian
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To: morphing libertarian

Look at #51. If that’s not a sign...


56 posted on 02/27/2012 1:00:50 PM PST by James C. Bennett (An Australian.)
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To: docbnj

Don’t worry about how long I would live if attacked,worry about the lives of those attacking me.


57 posted on 02/27/2012 1:23:51 PM PST by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: Iron Munro
If you carefully read the reference you gave to show that the judge is not a muslim you might note that he does not deny being a muslim and does not claim to be a member of any other faith. He obfuscates.

Wrong. He specifically says he is Lutheran.

58 posted on 02/27/2012 2:31:41 PM PST by willamedwardwallace
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To: willamedwardwallace

I understand.

I’d do it anyway - I mean - look - if his ruling makes any sense - why should anything make any sense? Why not just - disbar non-lawyers?

He shouldn’t be the only one to have fun. Everyone else should just act crazy around him. As a form of ridicule.

I mean - symbolically disbar him as ridicule/satire.


59 posted on 02/27/2012 2:48:36 PM PST by Eldon Tyrell (question,.)
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To: James C. Bennett

Indeed


60 posted on 02/27/2012 4:10:32 PM PST by morphing libertarian
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