YGGDRASIL

Hate Crimes and Rules of Evidence

Advice for young white males from Yggdrasil:

The attached news article from the Los Angeles Times describes a murder case from Huntington Beach, California in which the prosecutor is attempting to add a "hate crime" charge to murder charges arising out of an altercation between a black man and two white youths.

Now, you might sensibly ask, - Why would a prosecutor bother? If he must win the murder conviction before the murder becomes a hate crime, and if he does win the murder conviction, then the hate crime charge becomes trivial.

Welcome to the inner workings of American Justice system!

You see, when a person is charged with murder, his racial or economic views, whether he voted Socialist in the last election, and even prior criminal convictions are excluded from evidence. (Repeated assaults on the same victim, as in the Simpson case, will generally be allowed into evidence on the theory that the motive for the present assault might be the same as in the earlier cases).

The reason we exclude this stuff is that its prejudicial effect far outweighs is probative value (the probability that the political views or prior unrelated offenses could have motivated or caused the specific violence in the present case).

Now one problem with assaults by whites against blacks is that most white jurors are instinctively aware of what the statistics show. Blacks commit 7 times the number of assaults on whites as whites do on blacks. Per capita, an individual black is 49 times as likely to assault a white as any white is to assault a black.

Thus, claims of self-defense will have a clear plausibility to suburban juries.

And here is where "hate crime laws" come in. Their only real effect is to prejudice the jury against the defendant on the underlying charge (whether it is vandalism, assault, or murder). You see, once the prosecutor is allowed to charge a hate crime, then all the crap about the defendant's political views, his prior arrests and convictions, and his tatoos and hair styles are admitted into evidence in the trial on the underlying (real) murder charge.

That is why, in the article below, the prosecutor and the public defender spent 5 days in hearings on the issue of whether to allow the "hate crime" charge. If the judge allows the hate crime, conviction on the underlying murder charge becomes far more probable.

In real life, once a fight starts, ideology and politics go out the window, and much more basic human emotions take over. Our rules of evidence have recognized this fact for many centuries. Thus, absent testimony of a friend that the defendants went out looking for a black to shoot, the hate crime charge becomes a simple means of applying different rules of evidence to white defendants with dissident political views.

The case below is particularly egregious. Note that the defendant's high school teachers saved school essays and drawings that are now being used to place them in jail for life. Note also that their body tatoos have become "evidence".

This kind of stuff has very little to do with the issue of whether the deceased black provoked the attack. What it is designed to do is to shock a middle-class suburban jury and to prejudice them against the self-defense claims - to reverse the normal (and reasonable) assumption that blacks are much more aggressive than whites.

Just one more example of how our liberal elites in the legal system view the average European-American as "property" to be disposed of at their whim. Toe the line, act like a sheep, and you retain the ancient rights of your culture. Get uppity and rebel, and you will find that a whole new set of rules apply.

Yggdrasil-

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[Feb 4, 1995 Los Angeles Times p B1]

Two Murder Defendants Also Face Charge of Hate Crime Courts: Prosecutors say the pair embraced white supremacist beliefs. They are accused of shooting an African American man outside a restaurant.

By CHING-CHING Nl TIMES STAFF WRITER

WESTMINSTER--Two men said to have embraced white supremacist beliefs must stand trial on charges of murder and commission of a hate crime in connection with the shooting death of an African American man in Huntington Beach last September, a municipal court judge ruled Friday. Jonathan Kinsey, 19, who also uses the last name Kennedy, and Robert Wofford, 18, face the charges in the fatal shooting of 44- year-old Vernon Flournoy during a confrontation outside a fast- food restaurant Sept. 15.

After a five-day preliminary hearing, Judge Thomas J. Borris of the Municipal Court in Westminster also charged Kinsey with attempted murder, assault with a deadly weapon and commission of a hate crime in the shooting of two Latino men. The victims, Angel Campos and Juan Vergara, both 22, were attacked in Huntington Beach last August.

Kinsey's public defender, Sharon Petrosino, said Flournoy's slaying was an act of self-defense without racial motivation. Pat McNeal, Wofford's attorney, said his client barely knew Kinsey and had no intention of taking part in the attack on Flournoy. Kinsey, of Huntington Beach, and Wofford, a Laguna Niguel resident, would face 25 years to life in prison if convicted. During the last day of the preliminary hearings Friday, the prosecution tried to prove that both Kinsey and Wofford were influenced by skinhead ideologies that propelled them to violence against minorities in the name of white supremacy.

An expert on skinhead culture testified that a review of Wofford's school essays and drawings showed that "this person is very committed to the racist skinhead movement philosophy . . . probably a hard core."

Sgt. R.K. Miller of the Huntington Beach Police Department, who has specialized in skinhead investigations, also told the court that ornate tattoos covering Kinsey's body show "his personal affirmation to the racist skinhead philosophy."

He noted the white supremacist tattoos on Kinsey's arms, back and abdomen, which include "SWP" (Supreme White Power), and head nailed to a cross. Miller also read from an essay "Skins," and a picture of a skin-prosecutors said was written by Wofford.

"I am willing to die for my race," Wofford allegedly wrote in the essay, titled, "Me, Myself and I," which he composed as a student at Valley Vista High School in Fountain Valley.

"I believe in white power. My race is better. I don't care what others think. I don't like minorities. They complain about equal rights.... I think white is better no matter who says what." McNeal said that, even if Wofford wrote the essay, it is only the words of a minor, "which may or may not be what he believes in and what he's willing to act on."

But Petrosino claimed that no skinhead paraphernalia was found at Kinsey's home to indicate he is still affiliated with racist skinheads. Under questioning from Petrosino, Miller acknowledged that some youths adopt the trappings of a skinhead lifestyle without espousing racist views.

Arraignment for both men is scheduled for Feb. 14 in Santa Ana Superior Court.


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