The Law is an ass…
Before you get too bull goose loony there is enough bullshit to cover both sides of the debate. Ole Adolfo screwed up, maybe not sixteen years worth. He worked hard to get where he is. The prosecutor abused her discretion and while she obtained a conviction, she missed out on getting justice. There are lessons to be learned by both sides.
https://www.yahoo.com/news/iowa-man-sentenced-16-years-004039544.html?fr=yset_chr_syc_hp
Adolfo Martinez, 30, of Ames last month was found guilty of a hate crime – a class “D” felony – third-degree harassment and reckless use of fire. Police said he stole a pride banner hanging at Ames United Church of Christ and burned it early June 11 outside the Dangerous Curves Gentleman’s Club.
Martinez admitted to police that he lit the banner on fire using lighter fluid and a lighter after stealing it from the church, according to court documents.
Burning shit is a time honored manner of protest for fascists and liberals everywhere. Burning an American flag is considered particularly patriotic by the Supreme Court. The are some nuances to burning a flag and getting away with it. Adolfo Martinez was either unaware or ignored those nuances.
First off, there is the selection of the flag, banner, or book that is to be burned. Attempting to procure somebody else’s flag, sign or book is liable to trigger a confrontation long before the main event, the burning. By securing the fuel for the fire ahead of time this problem is eliminated. This typically means the protesters are burning their own stuff.
Mr Martinez screwed up, by using somebody else’s flag. When one burns somebody else’s property, regardless of affiliation, this is generally considered to be arson. Arson is a felony. It is also criminal mischief, a misdemeanor.
I don’t know about Iowa law. In Texas, causing a response by the firefighters without regard to ownership or loss is also arson. However, nobody cares if firefighters have to miss out on the soaps to put out a burning flag.
Then we have the “hate crime” aspect. I don’t know what time this event took place. There are three indicators that lead me to believe this was a late night activity. Those indicators are the flag was displayed in proximity to a titty bar. A titty bar serves alcohol. Alcohol is likely to have played a role in Martinez’s decision making. The newspaper characterized the action as taking place in the early morning hours. This would seem to establish a range between midnight and sunrise.
I am not a fan of “hate crime” enhancements. I think that they may be appropriate for misdemeanors and repeated offenses. The downside is that they require a prosecutor to prove an additional element of the offense. What was coming on in the pea brain of the offender? Given the limited intellectual capacity of the offenders, this could be a chore.
The other problem I have is, for lack of a better term, cause and effect. Observing this on one’s front lawn or finding the burned cross effectively demonstrates the intent.
Here are two photos of the United Church of Christ, Ames Iowa.
How many people drove by and didn’t even notice the flag was missing. Of those who noticed it was missing were they able to correctly conclude that it had been stolen and set afire based on available evidence? According to the article, the fag flag was burned over at the titty bar.
I will concede that Martinez, by way of his statements had the, “Want to.” But his efforts at intimidation failed because there was no visible cause and effect. Thus, his message was lost.
This case reminds me of an old cartoon in Playboy. A hooker is seated at a desk with a detective, who is taking her statement. She explains, “I didn’t know I was raped, until the check bounced.”
I am not suggesting that Martinez is a victim in this prosecution. However, it is the same old story, this time played out between defendant and prosecutor. “Two assholes got in an argument and one of them went to jail.”
