Thursday
Aug272009
Why isn't Dunbar Village assault a hate crime, other questions, updated
Thursday, August 27, 2009 at 11:44AM The Blogmother
C.B. Hanif for WAOD:
Law enforcement officials, always tending to be closed-mouthed with media reps, are particularly unforthcoming in the case of the ongoing trial of Tommy Poindexter and Nathan Walker, charged in the horrific gang rape and assault on a mother and her son at the Dunbar Village housing development two years ago.
For example, asked repeatedly these past two weeks why more of the 10 assailants alleged by the victim aren't arrested, charged and here in the courtroom, officials respond as West Palm Beach police detective Dave LeFont, now on the witness stand, answered affirmatively a few minutes ago to a question from Assistant State's Attorney Aleathea McRoberts:
"And your investigation is ongoing?"
"Yes."
Similarly, on the question of whether the assault constituted a hate crime — African-American teenagers preyed upon a Haitian mother and son — as with other issues in this case, no official asked has commented for the record.
But it can be said that the hate-crime possibility was an early conversation among law enforcement officials when the brutal crimes occured two years ago.
It also was a conversation amid the groundswell of support by shocked members of the community who rallied on behalf of the mother and son as the crime became public.
Is should be noted that a hate crime generally is an enhancement of a charge, not a separate crime to be proven in itself. If proven, it bumps the charge up one level.
In this case the defendants are facing life sentences, the maximum, first-degree felony they are facing.
Each state has different hate crime laws and different protected classes.
What would have to be proven in a hate crime is that a victim was a member of a statutorially protected group.
An example of evidence might be statements made during the commission.
In this case testimony has been presented, in statements by the mother and her assailants, that she repeatedly was called "bitch" during the assault.
"Haitian bitch" would seem an example meeting the standard.
Another consideration for prosecutors is not to add charges that could become appellate concerns.
On another note: It would seem that having been identified, during Avion Lawson's plea-deal testimony, as being fellow particiants, isn't enough for law-enforcement officials to have arrested and charged Melvin Young and Gus Fontaine.
That goes to the issue of a co-defendant's eyewitness testimony versus physical evidence.
Apparently, the state lacks the latter.
But again, after two years, officials say they have not concluded their investigation.
A few minutes ago, McRoberts asked Det. LaFont:
"In your opinion, are there probably going to be more arrests to come?"
LaFont (with Nathan Walker attorney Robert Gershman's objection overruled by Judge Marx):
"I think so."
Still another question begging update: Was, and is, HUD paying attention on Dunbar Village?
Law enforcement officials, always tending to be closed-mouthed with media reps, are particularly unforthcoming in the case of the ongoing trial of Tommy Poindexter and Nathan Walker, charged in the horrific gang rape and assault on a mother and her son at the Dunbar Village housing development two years ago.
For example, asked repeatedly these past two weeks why more of the 10 assailants alleged by the victim aren't arrested, charged and here in the courtroom, officials respond as West Palm Beach police detective Dave LeFont, now on the witness stand, answered affirmatively a few minutes ago to a question from Assistant State's Attorney Aleathea McRoberts:
"And your investigation is ongoing?"
"Yes."
Similarly, on the question of whether the assault constituted a hate crime — African-American teenagers preyed upon a Haitian mother and son — as with other issues in this case, no official asked has commented for the record.
But it can be said that the hate-crime possibility was an early conversation among law enforcement officials when the brutal crimes occured two years ago.
It also was a conversation amid the groundswell of support by shocked members of the community who rallied on behalf of the mother and son as the crime became public.
Is should be noted that a hate crime generally is an enhancement of a charge, not a separate crime to be proven in itself. If proven, it bumps the charge up one level.
In this case the defendants are facing life sentences, the maximum, first-degree felony they are facing.
Each state has different hate crime laws and different protected classes.
What would have to be proven in a hate crime is that a victim was a member of a statutorially protected group.
An example of evidence might be statements made during the commission.
In this case testimony has been presented, in statements by the mother and her assailants, that she repeatedly was called "bitch" during the assault.
"Haitian bitch" would seem an example meeting the standard.
Another consideration for prosecutors is not to add charges that could become appellate concerns.
On another note: It would seem that having been identified, during Avion Lawson's plea-deal testimony, as being fellow particiants, isn't enough for law-enforcement officials to have arrested and charged Melvin Young and Gus Fontaine.
That goes to the issue of a co-defendant's eyewitness testimony versus physical evidence.
Apparently, the state lacks the latter.
But again, after two years, officials say they have not concluded their investigation.
A few minutes ago, McRoberts asked Det. LaFont:
"In your opinion, are there probably going to be more arrests to come?"
LaFont (with Nathan Walker attorney Robert Gershman's objection overruled by Judge Marx):
"I think so."
Still another question begging update: Was, and is, HUD paying attention on Dunbar Village?
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Reader Comments (11)
What about a federal hate crime prosecution. Why didn't us atorney for the southern district of Florida investigate. That's what welre asking.
The Federal government has a lng history of pursuing federal charges when state authorities fail to. what about the US Attorney????
I've said all along that I have suspicions this attack might have been at least partially motivated by hatred toward Haitian immigrants. At the very least, the attackers may have though they would be easy targets because they were recent immigrants.
Maybe prosecutors are thinking that if these kids are going to get life in prison then why bother throwing additional charges at them? Life in prison plus another 10-15 years is still life in prison.
Hate crime charges are hard to prove unless the attackers made specific statements or hurled racial slurs during the attack. However DNA left at the crime scene is hard evidence to disprove as the defendants are now discovering, despite their attempts to “clean up” the crime scene.
My only fear is that in 10 years someone will try to say the public defenders in this case were incompetent and the defendants should be released or granted a new trial.
Let's get the other six criminals off the streets. Given the fact that one of the suspects gave information about as many as four murders they've been causing a LOT of harm across the board.
"What would have to be proven in a hate crime is that a victim was a member of a statutorially protected group."
If this is the case, that black women around the world must fight to become a 'statutorily protected group'. I do not know of any race of women who are specifically targeted more for violent crime in the USA.
It does not matter to me that the victim is from Haiti. I absolutely believe that there is a pause and second thought before attacking white women and girls in this manner that WOC (especially poor black ones) never have the benefit of.
She was a member of Two Protected classes. possibly three. National origin, gender, and if you want to take it there... RACE.
A crime motivated by any of these classes could be argued as a hate crime.
No, I don't believe hate crime laws have anything to do with so-called "protected classes" of people. If that's the case, then you're applying a different standard of justice for various groups of people.
As far as I’m aware, federal prosecution for hate crimes is possible when the crimes are committed on the basis of a person's race, color, religion, or nation origin. I’ve never seen anything, on the state or federal level where they defined protected groups.
Whites for example can be the victims of hate crimes the same as any other group, regardless if we're not considered to be a "protected group." You have to look at what motivated the person to commit the crime.
if for no other reason than national origin, the mother and son are Haitian immigrants and with all the anti-immigrant hysteria going on across the country, including murders, beatings and/or sexual harassment of women immigrants, I don't see why the hate crimes angle can't be pursued. But then again, I not a lawyer . . . . any immigration attorneys on this blogspot? :)
As disturbing and unsettling as this case already is I'm afraid we are still in for more "shocks".
I have been wondering about the victims boyfriend. Where was he on the night of the attack? Did he spread malicious statements about her having an 'inappropriate relationship with her son? Did he set her up by leaving the back door unlocked? I thought there was testimony the boyfriend's jewerly was the initial impetus for the robbery. They also took a joyride after the attack in the boyfriend's car.
The more those who were there either as spectators or participants are brought forward the more the truth will emerge. The more the timeline and what role all characters played in this tragedy will become clear.
As for anti-Haitian it is very real among African Americans as I have heard it myself. Proving it would have unneccesarily complicated the case and prolong justice for the victims. If no racial slurs or words indicating heritage were uttered during the crime it is impossible to prove hate intent.
The only silver lining to this is now many of our socio-economic and cultural issues, including anti-immigrant bias, can be brought to the forefront.
A real teachable moment.
YOU DO THE CRIME SERVE THE TIME
YOU DO THE CRIME SERVE THE TIME
Shecodes, I agree. I would just replace "WOC" with BLACK women.