Pubdate: Wed, 15 Sep 2010
Source: Wall Street Journal (US)
Copyright: 2010 Dow Jones & Company, Inc.
Contact:  http://www.wsj.com/
Details: http://www.mapinc.org/media/487
Author: Pervaiz Shallwani And Tamer El-Ghobashy
Note: MAP archives articles exactly as published, except that our editors 
may redact the names and addresses of accused persons who have not been 
convicted of a crime, if those named are not otherwise public figures or 
officials.

HATE-CRIME INDICTMENT DROPPED

A hate-crime indictment against a teenager accused of beating and racially 
abusing a Mexican student was dropped by a Supreme Court judge on Tuesday 
after a request by the Staten Island district attorney. The case was among 
a rash of alleged bias incidents that increased the police presence in the 
borough as well as concerns about racial tensions, authorities said.

Richmond County District Attorney Daniel Donovan said the victim withheld 
information from investigators that conflicted with an initial 
determination that he was targeted for the beating and robbery simply 
because he was Mexican. During the course of the investigation, [name1 
redacted], 18 years old, admitted he had fought with the group of 
African-American men after he felt they cheated him on a marijuana sale.

He omitted that fact in testimony in front of the grand jury, which 
eventually voted to indict the suspect on hate-crime charges.

"Under our state's hate-crimes statute, we must prove that the victim was 
selected in whole or in substantial part because of a belief or perception 
of someone belonging to a protected class, in this case his Mexican 
nationality," Mr. Donovan said. "Based on Mr. [name1 redacted]'s recent 
disclosures it appears that this incident was merely the result of a 
dispute over a marijuana deal."

The victim's "credibility has now been compromised and we can't go forward 
with any of the charges," the district attorney added.

Mr. [name1 redacted] also could not identify the person arrested, name2 
redacted], 17, as the assailant who beat him or hurled racial slurs at him 
July 31, Mr. Donovan said at a press conference prior to a brief court 
hearing during which Supreme Court Justice Leonard Rienzi agreed to drop 
the charges against Mr. [name2 redacted], who is also known as [name2a 
redacted].

Mr. [name2 redacted] was led away in handcuffs after the proceeding due to 
an unrelated case in family court, his attorney said.

"I am glad that the charges were dropped," the lawyer, Gregory Clarke, 
said. "The D.A. didn't have the evidence to go forward with the case."

There was never any doubt that Mr. [name1 redacted] was beaten; he was 
treated at a hospital for bruising and swelling to the face, chest, back 
and legs, according to court papers. He also maintains his assailants 
called him several anti-Mexican slurs in the course of the beating, but 
investigators believe it was a result of him arguing with the men.

Mr. [name1 redacted]'s attorney, Joseph O'Shea, declined to comment but Mr. 
[name1 redacted] told a reporter he felt the decision was "messed up."

He said he didn't immediately tell authorities about the drug transaction 
because he "was scared I was going to get arrested for buying weed."

The attack on Mr. [name1 redacted] was the 11th of 12 incidents in the Port 
Richmond neighborhood that were being investigated as possible bias crimes 
against Mexican residents.

Mr. Donovan said eight arrests were made in five incidents. In two cases, 
the grand jury declined to bring a hate-crimes indictment and in one case 
the district attorney declined hate-crimes charges pending further 
investigation.

The rash of alleged incidents resulted in a stepped-up NYPD enforcement and 
appeals from activists and city officials for a calming of racial tensions 
in Port Richmond. On Tuesday, the Reverend Terry Troia, a spokeswoman for 
the Port Richmond Anti-violence Task Force, said the group's work would 
continue.

"You can understand how this young man was afraid to reveal everything," 
she said of Mr. [name1 redacted]. "But it doesn't mitigate the fact he was 
beaten...in circumstances where his Mexican identity was singled out."

A police official with knowledge of the case said that regardless of the 
outcome of the cases, the NYPD response was required considering the number 
of possible hate crimes being reported in Port Richmond.

William Smith, a spokesman for Mr. Donovan, noted that there are still 
seven cases that have not yet resulted in arrests. "More than half of these 
incidents still haven't been closed with arrests, so we wouldn't want to 
say police response is overblown," he said.
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