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Audio: PA Judge Dismisses Case Because Victim Insulted Islamic Culture

John on February 24, 2012 at 1:36 pm

Andrew McCarthy posted this in the Corner:

A state judge in Pennsylvania has dismissed an assault and harrassment case against a Muslim defendant who admitted attacking the victim. Magistrate Judge Mark Martin, a veteran of the war in Iraq and a convert to Islam, ruled that Talag Elbayomy’s sharia defense — what he claimed was his obligation to strike out against any insult against the prophet Mohammed — trumped the First Amendment free speech rights of the victim.

Here’s the audio of the Judge explaining why the victim went too far by dressing up as Zombie Muhammad for Halloween.

There’s a lot here. First it’s worth noting that the judge is absolutely bonkers to suggest that what the victim did is outside the 1st amendment. That’s crazy. Second, according to the folks involved there was a video of the incident (presumably showing the action of the defendant) which the judge refused to allow into evidence. So it sure looks as if he misread the Constitution and botched the case on purpose so he could justify a dismissal. Maybe that’s only two strikes but it’s enough that he should be recalled or otherwise removed from the bench.

Morgen adds. Here’s the video of the incident from October of last year.

The victim is a bit of a jackass, no doubt, but that doesn’t change the fact that this should have been an open and shut assault case.

Oh, and I love this.

A man dressed as the “Zombie Pope” was walking with Perce but was not injured, police said.

He never is.


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Category: Crime & the Law |

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