ALABAMA RESIDENT PLEADS GUILTY IN RACIAL CROSS BURNING CASE

FROM:  U.S.  JUSTICE DEPARTMENT 
Monday, December 9, 2013

Alabama Man Pleads Guilty for His Role in Racially Motivated Cross Burning
Thomas Windell Smith, 24, of Dothan, Ala., turned himself in and pleaded guilty in federal court on Friday, Dec. 6, 2013, to one count of conspiring to violate housing rights, the Justice Department announced today.  The information charging Smith was unsealed today.  The charge relates to his participation in a cross burning at the entrance to an African-American community in Ozark, Ala., on May 8, 2009, with a former KKK leader who was arrested and charged with a five-count indictment on Wednesday, Nov. 27, 2013.

During his plea, Smith admitted that he and a co-conspirator agreed to burn a cross together in order to intimidate the neighborhood’s African-American residents.  Using materials from around his home, the co-conspirator constructed a wooden cross about six feet tall and wrapped cloth around the cross.  The co-conspirator loaded the cross into Smith’s truck, and, with Smith driving while the co-conspirator provided directions, the two men transported the cross to a predominantly African-American residential neighborhood.  They unloaded the cross at the entrance to the community, where the co-conspirator poured fuel on the cross, stood it up in view of several houses and set it on fire.

“The defendant’s crime illustrates the damage hate crimes can do to entire communities, making people feel unsafe in their own homes,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “We’d like to think these offenses are a thing of the past, but the reality is that they happen here in the 21st century.  The Justice Department is committed to stamping them out.”

“This defendant not only committed a federal crime, but committed a contemptible action of hate,” said U.S. Attorney George L. Beck Jr.  “Citizens in the Middle District of Alabama should not and will not tolerate such actions.  I hope this prosecution sends a clear message that these hateful demonstrations will not be tolerated and will be prosecuted to the fullest extent of the law.”

Smith faces a statutory maximum penalty of 10 years in prison and a fine of up to $250,000.

This case was investigated by the Federal Bureau of Investigation, with the assistance of the Dale County Sheriff’s Office and the Ozark Police Department.  The case is being prosecuted by Assistant U.S. Attorney Jerusha T. Adams of the Middle District of Alabama and Trial Attorney Chiraag Bains of the department’s Civil Rights Division.

SETTLEMENT REACHED IN SUFFOLK COUNTY POLICE LATINO DISCRIMINATION INVESTIGATION

FROM:  U.S. JUSTICE DEPARTMENT 
Tuesday, December 3, 2013

United States Agrees to Comprehensive Settlement with Suffolk County Police Department to Resolve Investigation of Discriminatory Policing Against Latinos
The Civil Rights Division of the U.S. Department of Justice and the U.S. Attorney’s Office for the Eastern District of New York announced today that they have tentatively agreed to a settlement with the Suffolk County Police Department (SCPD) which calls for SCPD to implement new and enhanced policies and procedures to ensure nondiscrimination in the provision of police services to Latino communities in Suffolk County.  The agreement, which the Department of Justice has agreed to, requires approval of the Suffolk County Legislature before it will be formally executed by the parties.

The United States commenced an investigation of SCPD in 2009 in the wake of the killing of Marcelo Lucero, an Ecuadorian national, who was murdered by a group of teenagers in Patchogue, N.Y., as he was walking home on the evening of Nov. 8, 2008.  The United States’ investigation, pursuant to the Violent Crime and Law Enforcement Act of 1994 and the Omnibus Crime Control and Safe Streets Act of 1968, focused on discriminatory policing allegations, including claims that SCPD discouraged Latino victims from filing complaints and cooperating with the police, and failed to investigate crimes and hate crime incidents involving Latinos.  The United States issued a Technical Assistance letter on Sept. 13, 2011, which recommended a wide range of reforms to improve policing by the SCPD, and primarily focused on promoting trust between SCPD and the Latino community.  The County cooperated with the United States’ investigation, and has already instituted a number of the recommendations from the Technical Assistance letter.   The agreement announced today memorializes those recommendations and commits SCPD to significant changes in how it engages the Latino community.

Specifically, the agreement calls for SCPD to ensure that it polices equitably, respectfully and free of unlawful bias.  Other highlights include enhanced training and investigation of allegations of hate crimes and bias incidents, meaningful access to police services for individuals with limited English proficiency (LEP), strengthened SCPD outreach efforts in Latino communities, and the development and maintenance of a true Community Oriented Policing Enforcement (COPE) program throughout the county.  The United States will monitor compliance with the agreement, which terminates only when SCPD has substantially complied with all of the requirements for at least one year.

“We look forward to working alongside the Suffolk County Police Department and Suffolk County to implement our agreement,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “By working together, our goal is for all Suffolk residents -- existing and future -- to know that SCPD is there to serve and protect them and that they stand equal with their neighbors before the law.”

“All residents of Suffolk County deserve full and unbiased police protection, regardless of national origin, race, or citizenship status,” said U.S. Attorney Loretta E. Lynch for the Eastern District of New York.  “When people feel they cannot turn to the police for protection, they have lost one of our most basic rights – the right to feel safe in one’s community.  Law enforcement also suffers when it does not hear from everyone under its umbrella of protection.  I commend Suffolk County and SCPD for its cooperation with the United States’ investigation and its willingness to ensure fairness and equal treatment for all.”

The case was handled by Assistant U.S. Attorney Michael J. Goldberger, Chief of Civil Rights in the Civil Division of the U.S. Attorney’s Office; Special Litigation Counsel Laura Coon in the Special Litigation Section of the Civil Rights Division; and Trial Attorneys Silvia Dominguez and Jack Morse in the Special Litigation Section.

WOMAN PLEADS GUILTY TO HATE CRIME

Thursday, February 2, 2012

The following excerpt is from the Department of Justice website:

"Teresa Witthar, 43, of Independence, Mo., pleaded guilty today in U.S. District Court in Kansas City to federal hate crime charges in connection with the vandalism and arson of a bi-racial man’s mobile home in 2006.

Witthar was indicted by a federal grand jury in August 2011, on one count of conspiracy, one count of violating the Fair Housing Act, one count of using fire to commit a felony, two counts of obstruction of justice and two counts of making false statements for her role in the vandalism and fire of Nathaniel Reed’s mobile home.  Witthar entered a guilty plea to one count of conspiracy, one count of violating the Fair Housing Act and one count of obstruction of justice. 

According to the indictment, in the summer of 2006, Witthar, Charles Wilhelm and David Martin conspired to intimidate and scare Nathaniel Reed, a bi-racial man, into moving out of the Highland Manor Mobile Home Park in Independence, Mo., in part because of his race.  On or about June 6, 2006, Witthar, along with Wilhelm and Martin, entered Reed’s mobile home, without his permission, and vandalized it by writing at least fifteen racially derogatory slurs on the walls of his trailer.  Two days later, Witthar drove Martin and Wilhelm to a neighbourhood behind Reed’s mobile home so that they could set fire to Reed’s trailer without being detected.   Witthar waited in her vehicle while they set the fire and then provided them a ride back to the Highland Manor Mobile Home Park.

In the spring of 2011, Witthar unsuccessfully attempted to persuade another individual to testify falsely in front of a grand jury about her role in the vandalism and fire.  

“Every American has the right to enjoy their home free from racially-motivated violence, threats and intimidation,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division of the United States Department of Justice. “The Civil Rights Division will aggressively prosecute those who violate this right.”

“When threats and vandalism failed to drive their victim out of the neighborhood, these conspirators escalated their racially-motivated campaign by burning down his home,” said Beth Phillips, U.S. Attorney for the Western District of Missouri. “The Constitution protects each of us from racially-motivated intimidation, and this defendant will be held accountable for violating Mr. Reed’s civil rights.”

“Today’s guilty plea exemplifies the FBI’s continued long term commitment to aggressively pursue justice for those who are victims of racially motivated crimes,” said Brian A. Truchon, Special Agent in Charge of the Kansas City Division of the FBI.

The guilty plea was the result of a cooperative effort between the U.S. Attorney’s Office for the Western District of Missouri, the Civil Rights Division of the Department of Justice, and the Kansas City Division of the FBI.   The case is being prosecuted by First Assistant U.S. Attorney David Ketchmark for the Western District of Missouri and Trial Attorney Sheldon L. Beer of the Civil Rights Division’s Criminal Section.

GRAND JURY HANDS DOWN INDICTMENT FOR ALLEGED ASSAULTS AGAINST OHIO AMISH

The following excerpt is from the Department of Justice website:

December 20, 2011
WASHINGTON - The Justice Department announced today that a federal grand jury in Cleveland returned a seven-count indictment charging 10 men and two women, all residents of Ohio, with federal crimes arising out of a series of religiously-motivated assaults on practitioners of the Amish religion.   The indictment addresses five separate assaults that occurred between September through November 2011.   In each assault, defendants forcibly removed beard and head hair from the victims with whom they had ongoing religious disputes.   As set forth in the indictment, the manner in which Amish men wear their beards and Amish women wear their hair are symbols of their faith.

“Every American has the right to worship in the manner of his or her choosing without fear of violent interference,” said Assistant Attorney General for the Civil Rights Division Thomas E. Perez.   “The Civil Rights Division will aggressively investigate allegations of religiously motivated violence.”

“For nearly 500 years, people have come to this land so that they could pray however and to whomever they wished,” said U.S. Attorney for the Northern District of Ohio Steven M. Dettelbach.   “Violent attempts to attack this most basic freedom have no place in our country.”      

“One of our most fundamental rights is freedom of religion,” said Stephen Anthony, Special Agent in Charge of the FBI – Cleveland Field Office.   “The FBI, along with our law enforcement partners, are committed to protecting this fundamental right against those who would use violence and intimidation to attack it.”

The indictment charges Samuel Mullet Sr., Johnny S. Mullet, Daniel S. Mullet, Levi F. Miller, Eli M. Miller, Emanuel Shrock, Lester Miller, Raymond Miller, Freeman Burkholder, Anna Miller and Linda Shrock with conspiracy to violate the Matthew Shepard-James Byrd Hate Crimes Prevention Act, which prohibits any person from willfully causing bodily injury to any person, or attempting to do so by use of a dangerous weapon, because of the actual or perceived religion of that person, and Title 18, U.S. Code, Section 1512, which prohibits obstruction of justice, including witness tampering and the destruction or concealment of evidence.    The indictment also charges various groups of defendants with each separate assault, and charges Samuel Mullet Sr., Lester Mullet, Levi Miller and Lester Miller with concealing or attempting to conceal various items of tangible evidence, including a camera, photographs and an over-the-counter medication that was allegedly placed in the drink of one of the assault victims.

According to the indictment, Samuel Mullet Sr. is the Bishop of the Amish community in Bergholz, Ohio, while the remaining defendants are all members of that community.   Mullet Sr. exerted control over the Bergholz community by taking the wives of other men into his home, and by overseeing various means of disciplining community members, including corporal punishment.   As a result of religious disputes with other members of the Ohio Amish community, the defendants planned and carried out a series of assaults on their perceived religious enemies.   The assaults involved the use of hired drivers, either by the defendants or the alleged victims, because practitioners of the Amish religion do not operate motor vehicles.  The assaults all entailed using scissors and battery-powered clippers to forcibly cut or shave the beard hair of the male victims and the head hair of the female victims.   During each assault, the defendants restrained and held down the victims.   During some of the assaults, the defendants injured individuals who attempted to intervene to protect or rescue the victims.   Following the attacks, some of the defendants participated in discussions about concealing photographs and other evidence of the assaults.

The maximum potential penalty for the conspiracy count is five years in prison.   The maximum penalty for the hate crime charges is life in prison.   The maximum penalty for the obstruction charge is 20 years in prison.  

This case is being investigated by the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorneys Thomas Getz and Bridget M. Brennan of the U.S. Attorney’s Office for the Northern District of Ohio and Deputy Chief Kristy Parker of the Civil Rights Division’s Criminal Section.

A criminal complaint is merely an accusation.   All defendants are presumed innocent of the charges until proven guilty beyond a reasonable doubt in court.”