Posted on 07/29/2007 11:03:14 AM PDT by PajamaTruthMafia
Pace University Koran Case - Unbelievably Outrageous
I’ve received an email from Stanislav Shmulevich, who has been arrested in New York for putting a Koran in a toilet at Pace University. And his case is even more outrageous than we first reported.
First, Shmulevich was arrested and jailed for 24 hours. Second, he’s not facing misdemeanor charges—he’s being charged with two felonies, criminal mischief and aggravated harassment.
Felonies. For putting a book in a toilet.
Third, his income is on a borderline that disqualifies him for a public defender, so he stands to suffer incredible financial hardship as well.
Fourth, his name and photograph were published in several newspapers in New York, and he and his mother were ambushed outside the court by reporters. In a case like this, clearly with the potential to enrage radical Muslims, this is so irresponsible of the media that it borders on criminal.
Do we still live in a country that values free speech? This case is pretty good evidence that we do not. Mr. Shmulevich is caught in a Kafkaesque nightmare right out of the Soviet Union, and it’s all happening at the demand of the Muslim Student Association and the Council on American Islamic Relations.
Stay tuned. This is not over. I’m setting up Mr. Shmulevich with an LGF account, and you’ll be able to discuss it with him in person.
None of that makes it a “hate” crime. If this holds then the case can be made that islam is a hate crime.
“What are you supposed to do with the darn things?”
I tried to feed them to the hogs, but the just barfed them up.
I thought we had established that it is not possible to flush a book down a toilet. So, how did this get going again? Has Newsweek downsized to only one repeating loop, or what?
gdc314
If a threat was made to someone while flushing the book, a case is to be had. Barring that however, this is INSANE!
It is a friggin’ book and the owner can do with it as he/she pleases.
This is still America right? After reading stories like this, I am not so sure.
Ping
Action : letters to governor, judges and school administration. You just need some stamps and few minutes.
http://halal-pig.blogspot.com/2007/07/surrealism-near-ground-zero-man.html
How is what he did either aggravated harassment or criminal mischeif? Not only is such prosecution unconstitutional, it is not even supported by law. This guy should seriously threaten New York with a major civil suit.
Section 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either (a) communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or
2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or
3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or
4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years.
Or Criminal Mischeif?
Section 145.00 Criminal mischief in the fourth degree
A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he has such right, he:
1. Intentionally damages property of another person; or
2. Intentionally participates in the destruction of an abandoned building as defined in section one thousand nine hundred seventy-one-a of the real property actions and proceedings law; or
3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars.
Criminal mischief in the fourth degree is a class A misdemeanor.
Section 145.05 Criminal mischief in the third degree
A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, hr or she:
1. damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in this section, criminal mischief in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of this article; or
2. damages property of another person in an amount exceeding two hundred fifty dollars.
Criminal mischief in the third degree is a class E felony.
Section 145.10 Criminal mischief in the second degree
A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding one thousand five hundred dollars.
Criminal mischief in the second degree is a class D felony.
Section 145.12 Criminal mischief in the first degree
A person is guilty of criminal mischief in the first degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person by means of an explosive.
Criminal mischief in the first degree is a class B felony.
Depends on who is speaking.
The Holy Koran (or the plumbing corrupted by contact therewith) is priceless and belongs to the umma under sharia law, and flushing it down the toilet mechanically causes the initiation of a communication to the sewerage authorities likely to annoy or alarm any Muslims among them. Remember that sharia law applies universally regarding the Holy Koran. This action compares analogously to the deadly odious cartoons of the Prophet Muhamamd—Peace be upon him.
Sharia law claims universal jurisdiction, and the habitual references of the Supreme Court to foreign law clearly bind our judicial system to acknowledge it. How is any particular foreign legal tradition (besides English common law from which our legal tradition derives) any more worthy of our intrinsic adoption than another?
If they were removed from the prayer area, this should only be ‘theft.’ Otherwise, where does it stop? Oh I know, shari’a law. I think this man should go to the Supreme Court with this, with some group’s help. And I think we should all agree on a moment in time and flush Korans across the country.
They can arrest us ALL.
I’d put in for a Piss-Koran grant. And maybe a Mo’ in Urine. Let’s see if the NEA will give you money. You could sue if they didn’t. Hey, maybe the ACLU would go to bat for you.......
Im sure Spencer Abraham will defend this prosecution.
I got no sympathy for this guy.
He stole a consecrated prayer book owned by a religious authority from a publicly designated prayer area (and probably a consecrated area) with express intent to destroy/deface the stolen property.
Some scumbag stole the Torah from a local synagogue when I was a kid, and partially destroyed it while transporting it. When it was recovered the criminals were handed the maximum sentence possible...
Section 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either (a) communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or ....
...
that is a clearly defined law, and he clearly broke the law.
...
HE DID NOT OWN THE PRAYER BOOK! HE STOLE IT... further, I’ve read reports where it wasn’t a mass production Koran, but a special print that had significant value enough to cross over the $2000 threshold, if this is true about pricing remains to be seen...
Section 145.00 Criminal mischief in the fourth degree
A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he has such right, he:
1. Intentionally damages property of another person;
3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars.
...
Clearly defined, and clearly broken if the surveillance photos hold up in court.
It would be memorable if this guy uses the old NY State Supreme Court ruling that Islam is a banned cult in the state of NY, as his defense.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.