Posted on 03/07/2012 7:48:55 AM PST by Righting
http://frontpagemag.com/2012/03/06/impeach-pennsylvania’s-sharia-judge/The facts of the case are clear: Ernest Perce, a young atheist in Pennsylvania, marched in a Halloween parade dressed as “Zombie Muhammad.” A Muslim, Talaag Elbayomy, grew enraged when he saw Perce’s costume, and began choking him while trying to pull off the fake beard that Perce had glued onto his face. Perce went to the police, and so did Elbayomy – the latter under the mistaken impression that it was illegal in the United States, as it is in many Muslim lands, to insult or mock the prophet of Islam. Elbayomy was mistaken, of course: it isn’t illegal to mock Muhammad in the United States, but it may be soon, courtesy Judge Mark Martin, who dismissed the case against Elbayomy.
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If someone saw another burning a flag and acted similarly would that same Judge let him go?
the latter under the mistaken impression that it was (legal) in the United States, as it is in many Muslim lands, to (murder someone for supposedly) insult or mock the prophet of Islam.
No new info anyway, stale article, although interesting to keep up with.
Reminds me years ago, when Rick Monday, baseball player, grabbed an American flag from some idiots who went on the field, and were going to burn an American flag.
Heck in today’s environment, Rick Monday may have been charged with violating the rights of people to desecrate the flag and exercise their right of “free speech”.
I’m not convinced the muslim was under any “mistaken impression.” Did he just get off the boat? What is his immigration status? Shouldn’t he be expected to know basic American law? And even if he doesn’t, ignorance of the law is no excuse. (Except for muslims?)
Clearly this judge misapplied and misinterpreted the law. This should be appealed.
You can’t appeal if the defendant is found not guilty. It’s called Double Jeopardy (I’ll take Shria Law for $400, Alex!)
Good point. Not sure what I was thinking.
I guess I was thinking that Sharia legal thinking has no place in our courts, and how can a decision be made which reflects Sharia???
True. Buy having a case dismissed is not the same as being aquitted.
Double jeopardy only applies (and there are cases where even then it doesn't) if the defendant has been charged, tried and aquitted by a jury.
It is not that simple. Double Jeopardy also applies to an acquittal by a judge, and dismissals, or mistrials, for certain causes, such as misconduct by the police, or prosecutor.
We would need to know what actually happened. Since the Judge took the time to berate the complaining witness, it sounds like there was a trial before the judge, and an acquittal.
FWIW — a PA magistrate tells me that his court is for “summary offenses” (which are milder than misdemeanors) and there is no appealing his dismissals.
I wonder how the Inquirer, the PittPress and the other major papers in Pa. are treating this jurist. I would hope that Pubs take a hard line on this guy and make it a state wide issue.
Correct--there is no appeal for the prosecution.
Court of Common Pleas hears "Summary Appeals" from defendants found guilty several times each year.
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