This is a bizarre story I suspect we will hearing more of. An atheist activist, Ernie Perce, dressed as "Zombie Mohammed" in a Pennsylvania parade was physically assaulted by Talag Elbayomy, an offended Muslim on looker. Assault and harassment charges were brought against the Mr. Elbayomy. A Pennsylvania judge, Magistrate Judge Mark Martin, an Iraq war veteran and Muslim convert, threw out the charges against Defendant Elbayomy saying any first amendment rights were trumped by the offense to Islam. The judge then lectured Mr. Perce about Islam. The judge accepted the defendant's Sharia defense for the assault. Now Mr. Perce, the victim, is facing contempt of court charges for releasing video of the hearing.
This story leaves me speechless. God, I wish Christopher Hitchens was still here for this one. Under this judge's theory if you are offended by images of Christ being mocked in art, you can resort to violence too? Oh wait, no, he said it was different for Islam.
h/t: Atlas Shrugged and The Corner
Update:
- Pales in term of judicial misconduct above, but a lesbian judge refuses to marry straight couples until gay marriage is legal in Texas
- Creeping Sharia
- Pat Dollard: More links and video
- AoSHQ
- Weasel Zippers
- The Volokh Conspiracy: Good point on why it is best not to mess with free speech.
- Jawa Report
- DaTechGuy: Related issues with Afghanistan and other "outrages"
- PJ Tatler: Sharia comes to Pennsylvania
- Other civil liberties in the news: 11th Circuit Appeals Court decision on searches/computers
- The Blaze
- Sister Toldjah
- Blogmocracy
- The right sort of apology to Muslims in Afghanistan
- Volokh Conspiracy on Zombie Mohammed
- Instapundit
- Breitbart Big Peace
- Opposing Views
- The Agitator
- If Judge Martin was not Muslim, does that change this? No, it is his methodology that was wrong and why this decision is so flawed and wrong.
- Perverse incentives: Chickens come to roost
- The Judge Responds: Says he was only trying to help the victim and there was insufficient evidence of a crime...
- New Post
- Update: Hundreds of death threats to "Zombie Mohammed" victim.
The judge should most certainly have recused himself.
ReplyDeleteThe judge should have most certainly acted like a judge and not some advocate for Islam. We would not ask a judge to recuse him or herself from this case if it involved Christians and the judge happened to be Christian. What is outrageous is the judge ignored the law, ignored the U.S. Constitution, opined on the evidence, acted as an advocate for the defendant and then argued his case, and generally acted in a manner that warrants him being taken off the bench entirely.
DeleteThere is probably a line forming to oppose this yahoo when he is up for reelection. Nothing preventing the county DA from refiling. As post else where re this circus show.. District Magistrates in Pa need not be minimally learned in the law. Just past a Mickey mouse test
ReplyDeleteIs this like a justice of the peace position?
DeleteYes ..I believe that is the title used in other jurisdictions. I have got to believe this hearing was conducted without a assistant DA. Not unusuaL to have police officer handle the prosecution in a summary action. But the elected DA must livid to be blind-sided by this. And I would expect the president judge of the county court wilL become involved. The entire fiasco is an embarassment to the local court system.
DeleteBy the end of next week we will see some serious fall out.. I hope ..
DeleteUsing an iPad and had difficulty revising post ...did not go up as I would have wished..but you get gist of what I wanted.
ReplyDeleteSorry about blogger being awkward on comments. I have it on the most open setting but it is still not always easy. I suppose it is due to counter-robo spam measures.
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