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Wednesday, February 29, 2012

HUNDREDS OF THREATS FOR ASSULT VICTIM IN CASE DISMISSED BY QURAN-MINDED JUDGE

Hundreds of threats for assault victim in case dismissed by Quran-minded judge

The Pennsylvania man assaulted in October by a Muslim who was offended by his Halloween parade “Zombie Muhammad” costume said he has received hundreds of death threats after a judge dismissed his attacker’s criminal charges.


Ernest Perce told The Daily Caller that Talaag Elbayomy, a Muslim man, “grabbed me, choked me from the back, and spun me around to try to get my sign off that was wrapped around my neck.”


Elbayomy reportedly admitted to a police officer, Sgt. Bryan Curtis, that he attempted to rip Perce’s fake beard off, remove his “Muhammed of Islam” sign and choke him.


Perce said he believes Elbayomy thought it was illegal in the United States to insult Muhammad, as it is in countries whose governments are based on Sharia law.


Last week Judge Mark Martin sided with Perce’s attacker, saying in open court that Perce would be put to death in Muslim societies for showing disrespect to Muhammad. The judge dismissed the charges against Elbayomy.


“You’re way outside your boundaries of First Amendment rights,” the judge said during the trial.


“Martin’s decision effectively says that Muslims do not have to learn to accept blasphemy against their religion without violence.” Perce told TheDC. “Yet when you are a citizen of the USA, you accept our Constitution. Free speech is our foundation.”


The Pennsylvania man assaulted in October by a Muslim who was offended by his Halloween parade “Zombie Muhammad” costume said he has received hundreds of death threats after a judge dismissed his attacker’s criminal charges.


Ernest Perce told The Daily Caller that Talaag Elbayomy, a Muslim man, “grabbed me, choked me from the back, and spun me around to try to get my sign off that was wrapped around my neck.”


Elbayomy reportedly admitted to a police officer, Sgt. Bryan Curtis, that he attempted to rip Perce’s fake beard off, remove his “Muhammed of Islam” sign and choke him.


Perce said he believes Elbayomy thought it was illegal in the United States to insult Muhammad, as it is in countries whose governments are based on Sharia law.


Last week Judge Mark Martin sided with Perce’s attacker, saying in open court that Perce would be put to death in Muslim societies for showing disrespect to Muhammad. The judge dismissed the charges against Elbayomy.


“You’re way outside your boundaries of First Amendment rights,” the judge said during the trial.


“Martin’s decision effectively says that Muslims do not have to learn to accept blasphemy against their religion without violence.” Perce told TheDC. “Yet when you are a citizen of the USA, you accept our Constitution. Free speech is our foundation.”




The same judge is also threatening Perce with contempt of court for making and sharing a recording of the courtroom hearing.


Listen to the courtroom proceedings:


Perce says he has received 471 threats against his life in the short time since his attacker was acquitted.


“People have said that they would kill me, rip my eyes out, run me over, shoot me and then laugh at me, since I have blasphemed Muhammad,” he told TheDC. “They say I will be found out and hung in front of my family.”


During his trial, Talaag Elbayomy claimed he never made physical contact with Perce, creating what Judge Martin called a he-said/she-said situation. Sgt. Curtis testified that Perce’s version of events was correct, but the judge ignored his testimony.


Judge Martin also refused to allow a video taken the night of the attack to be entered as evidence.


Perce told TheDC that he believes Martin did not allow the video to be shown in his courtroom because he “would be offended.”


In fact, Martin told Perce during the proceedings that “I’m a Muslim” and “I find it offensive.”


Perce says Martin held a copy of the Quran while admonishing him for disrespecting Muhammad with his costume. (Judge Martin has since denied being a Muslim.)


Martin’s threat of contempt charges came after Perce posted his own audio recording of the proceedings on YouTube.


Perce says the judge initially gave him permission to release it, but the court later instructed him to erase it.


He told TheDC that he wrote to Bonnie Snyder, administrative secretary of the Cumberland County District Court in Pennsylvania, explaining that “Judge Martin gave both parties the right/permission to record the proceeding on our cellular devices.”


Snyder denied this. “Are you instructing me via Judge Martin to destroy or delete and not use my audio recording?” he asked.


“Yes, since you were not authorized to make any recordings,” Snyder replied.


Perce said Judge Martin told him, “I will hold you in contempt of court under section 42 of the Judicial System” if he didn’t remove the audio from YouTube.


“He denies this now,” said Perce, “but this is what he told me.”


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Judge rules against atheist attacked in costume



MECHANICSBURG, Pa. (WHTM) - It almost sounds like the makings of a joke: an atheist, a Muslim and the Mechanicsburg Halloween parade. But non-believers aren't laughing about an attack and insist what's really frightening is the way a district judge ruled on it.


The Atheists of Central Pennsylvania decided to walk in the Mechanicsburg Halloween parade. There was a zombie Pope and a zombie Muhammed. On YouTube, you can catch a scary moment. It's dark and distorted, but a Muslim man comes off the curb extremely offended at Muhammed being depicted in this way.


"He grabbed me, choked me from the back, and spun me around to try to get my sign off that was wrapped around my neck," said Ernie Perce, who donned the costume.


The Muslim man and Perce both called police to report a crime. Both kept walking, and a few blocks down found Sgt. Brian Curtis. He talked to both and came to this conclusion.


"Mr. Perce has the right to do what he did that evening, and the defendant in this case was wrong in confronting him," he said.


Talaag Elbayomy was charged with harassment, but District Judge Mark Martin threw it out after criticizing Perce, the victim, and even calling him a "doofus." The audio is also on YouTube.

Martin, who has done several tours of duty in the Middle East, said Perce would be put to death in those societies for his crime, but Perce wonders why that's relevant in this country.


"He let a man who is Muslim, because of his preference of his culture and his way of life, walk free from an attack," Perce said.


R. Mark Thomas represented Elbayomy and applauds the judge.


"I think this was a good dressing down by the judge," he said.  "The so-called victim was the antagonist and we introduced evidence that clearly showed his attitude toward Muslims. The judge didn't do anything I wouldn't have done if I was in that position."


Although Elbayomy denied touching Perce at trial, Curtis said he admitted grabbing Perce's sign and beard the night of the incident.


Talaag Elbayomy said he was at the parade with his wife and two kids and felt he just had to do something. In fact, he too called police because he thought it was a crime for someone to depict Muhammed in such a way. He has since learned otherwise.
Source: ABC27 News 

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