Is Sharia creeping into US law? PA Judge dismisses atheist assault case.

By Catholic Online (NEWS CONSORTIUM)
2/28/2012
Catholic Online (www.catholic.org)

Case against Muslim man who attacked atheist thrown out.

A judge is coming under increasing scrutiny for dismissing an assault case against a Muslim who attacked a man dressed up "Zombie Mohammed." The Pennsylvania judge who dismissed the case is purported to be a Muslim, provoking accusations of a conflict of interest. However, that allegation may now be in dispute.

Ernie Perce prior to the assault (that the state couldn't prove occurred) in this amateur still frame from a YouTube video of the incident.

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PHILADELPHIA, PA (Catholic Online) - The victim of the assault, Ernie Perce, was marching in a Halloween parade in Mechanicsville as a member of a local atheist organization. Perce was dressed as a dead prophet Mohammed, and was carrying a sign and proclaiming, "I am the prophet Mohammed! Zombie from the dead!"

It should be noted that other atheists were also in costume including one dressed as a "Zombie pope."

The display was offensive enough that a Muslim man, Talaag Elbayomy, decided to act out against Perce telling him to take down the sign, then physically assaulting him. Perce said Elbayomy "grabbed me, choked me from the back, and spun me around to try and get my sign off that was wrapped around my neck." Elbayomy was subsequently charged with harassment.

However, on December 6th, District Judge Mark Martin, a Gulf War veteran, dismissed the case on the grounds that the Commonwealth had not provided sufficient evidence to show an assault had actually occurred. Some early reports indicated the udge was a convert to Islam. he has denied the allegation. A YouTube video circulating virally showed the assault take place. --The video, shot at night, was ruled "inconclusive."

The judge went further, and scolded the victim, pointing out that such displays would warrant the death penalty in some countries.

Perce made a recording of the hearing in which Martin can be heard saying, "You have that right, but you're way outside your bounds of First Amendment rights. I think our forefathers intended that we use the First Amendment so that we can speak our mind, not to piss off other people and other cultures, which is what you did."

However, others say that Judge Martin has set a flawed and dangerous precedent, by refusing to protect the rights of a victim. George Washington University law professor Jonathan Turley said, "You can say things that are hurtful to others. We hope that you don't, but you most certainly can be protected. People like Thomas Paine spent his entire life ticking off people across the colonies."

Both sides continue to claim they were victims in the case, and that the other should be held liable for what has happened. Judge Martin continues to defend his decision saying, "With rights comes responsibilities. The more people abuse our rights, the more likely that we're going to lose them."

Still two facts remain unexamined.

First, when someone commits a crime or utters speech that isn't protected by the first amendment, (such as yelling fire in a crowded theater) there is an apparatus in place to ensure justice - in the form of local law enforcement, which removes the need for an individual to take the law into their own hands.

Second, the zombie pope protestor was never attacked by the doubtless numerous Catholics who were likely offended by the display.

And those two unexamined facts say some very profound things about this matter indeed.

� 2012, Catholic Online. Distributed by NEWS CONSORTIUM.

- - -

Pope Benedict XVI's Prayer Intentions for January 2013
General Intention: The Faith of Christians. That in this Year of Faith Christians may deepen their knowledge of the mystery of Christ and witness joyfully to the gift of faith in him.
Missionary Intention: Middle Eastern Christians. That the Christian communities of the Middle East, often discriminated against, may receive from the Holy Spirit the strength of fidelity and perseverance.

Keywords: Sharia, Muslim, law, judge, atheist, assault, Halloween, Zombie, Mohammed, Ernie Perce, Mark Martin

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1 - 10 of 15 Comments

Bulbajer
1 year ago
Vance, so a theocracy would be better than what we have today? You can call our government Communist, but that doesn't remove the fact that people in China and North Korea are much, much, much worse off than we are.
vance
1 year ago
Is Sharia Law creeping into our country. Absolutely. The Marxists are very well trying to make that happen with their hack judges on the bench. Bulbajer, I wish we had more "Papist" laws on the books. We would be a more civilized country than we are under the Saul Alinsky Communist Radicals we have in the White House and Congress.
Bulbajer
1 year ago
Should the case be considered? Probably. Looks like the judge made a hasty decision, regardless of whether or not he is a Muslim. Is Sharia law creeping into our legal system? Sure, just like the religious law of those foreign papists creeped into our country over a century ago: http://www.harpweek.com/Images/SourceImages/CartoonOfTheDay/May/050875m.jpg
jimspice
1 year ago
So I see the words "...himself a convert to Islam..." have been removed, but with no acknowledgment they were ever there. A correction is just that. Not simply deleting and making believe it never happened. Someone needs to dig out their old "Intro to Reporting 101" text book.
jimspice
1 year ago
""...himself a convert to Islam..."

Day 3, still no correction. I would have expected better.
techwreck
1 year ago
It sounds like Catholic Online needs to do some more research and then publish a follow-up article. I can understand when opinions are in conflict. But, in this case, is seems that the different versions of the facts are in conflict.
jimspice
1 year ago
"...himself a convert to Islam..."

Still no correction? Gee, most of the other sources that jumped the gun have retracted. Still digging in the heels though? OK.
eithena
1 year ago
The law of the land is what should stand and no other countries law sharia law only recognize a non Muslim man has half a man and a women is not recognized so if this was their own country well and good BUT YOU ARE SELING THE NATIVES SHORT AND IF A JUDGE SIDES WITH THIS HE SHOULD SECRUES IMSELF PRONTO OR STEP DOWN BECAUSE HE,S NON PLAYING FAIR
Amos
1 year ago
So, let's see, the local constabulary or DA decided to charge the Muslim with harassment instead of assault and battery. Why? We can only guess that the local community makeup is such as to not arouse the anger of certain interests by conducting a high profile trial on charges of assault and battery.

Next, the judge, formerly a Lutheran, decided to commit apostasy against his Christian Faith by embracing Muslimism. It's his choice, no one is denying him that. Yet, one cannot but conjecture if his motives were purely ideological or more pragmatic, given the electoral makeup of the community.

Finally, the judge's judgment to dismiss all charges against the Muslim as well as his disingenuous reasoning in support of his judgment should give pause to all, even those with an ounce of intelligence. "Something isn't quite right here! Justice has not been served! An anti-hate law has been violated." The next step would mean bringing charges against the defendant in a federal court to rectify this judicial travesty. Following that, a civil trial against the defendant for damages.
Denis
1 year ago
Sadly most of the published "facts" in this case are as a result of the media having been very cleverly manipulated.

1) The judge has been a lutheran for 41 years.
2) The defendant never admitted guilt.
3) Whether the defendant committed an assault is irrelevant - he wasnt charged with assault.
4) The verdict matches the offence and the evidence. The prosecution did not demonstrate ANY element of the offence with which he was charged.
5) He was charged with the wrong offence(s).
6) The defence should have ensured through own legal counsel that the charges were appropriate.
7) Mr Perce was NOT given permission to record - the Judge has rejected that.
8) Mr Perce did NOT have permission to publish. He is aware of that.
9) Despite being made aware of the misleading / inaccurate statements, Mr Perce has allowed them to stand and be republished.

This is nothing but media manipulation.
It is NOT the fault of the judge if the prosecution files and prosecutes inappropriate charges.

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