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The Republican - November 20, 2007
Mosque fire conviction upheld
By DAN RING
BOSTON - The state Appeals Court yesterday upheld convictions of a juvenile in the burning of a mosque in Springfield in 2004.
The juvenile's lawyer argued that his statements to police should have been suppressed even though he waived his Miranda rights, or the ability to remain silent and to have a lawyer present. The lawyer also argued that the trial judge should have held a court hearing on whether the statements were voluntary.
Carlos Escalera, then 15, whose address was given as 1537 Main St., Springfield, at the time of the fire, was convicted in Hampden Juvenile Court of three charges including burning a building, breaking and entering with intent to commit a felony and larceny more than $250. A jury convicted Escalera at a trial in December, 2005. He was tried under the state's youthful offender law which allows his name and the proceedings to be public.
In a decision written by Judge R. Marc Kantrowitz, the Appeals Court said the boy's foster mother legally served as a consenting or "interested adult" for the purposes of a Miranda warning. Under state law, juveniles are allowed to consult with an adult prior to waiving Miranda rights.
"As long as a foster parent has a relationship with the juvenile and is sufficiently interested in the juvenile's welfare to afford the juvenile appropriate protection, he or she may serve as an interested adult," the judge wrote…..
Seven youths were initially charged with the Dec. 8, 2004, fire which gutted the Al Baqi Islamic Center at 495 Union St. in Springfield. Investigators concluded the boys had broken into the mosque to steal money, candy and other items, and then set a fire on the second floor.
Prosecution was later dropped against four of the 15-year-olds when it was determined there was insufficient evidence to show they were responsible for the blaze. Those boys' charges were continued without a finding, and they were ordered to complete community service, write a letter of apology to the mosque community and assist in the investigation.
Two other 15-year-olds Andres Gonzalez and Rubin Perez were indicted as youthful offenders along with Escalera. Assistant District Attorney Brett J. Vottero said that Perez's youthful offender charge was continued without a finding, and the state did not go forward with prosecution of Gonzalez.
The mosque building was constructed in 1883 and was the Oak Street School and the Strickland School before becoming the mosque.
http://www.masslive.com/chicopeeholyoke/republican/index.ssf?/base/news-11/119554862188400.xml&coll=1
CAIR Bulletin – November 28, 2007
Probe sought of possible profiling at Minneapolis Airport
ST. PAUL, MN, Nov. 11, 2007 - The Minnesota chapter of the Council on American-Islamic Relations (CAIR-MN) today called on U.S. Customs and Border Protection (CPB) and the Department of Homeland Security (DHS) to investigate an allegation of profiling at the Minneapolis-St. Paul International Airport.
A Minnesota Muslim reported to CAIR-MN that she was detained by two U.S. Immigration and Customs officials and harassed by their supervisor as she re-entered the U.S. after a 10-day trip to a conference in Istanbul, Turkey.
She reported that as she passed through the customs area, she was questioned about her heritage, including questions about her parents’ place of birth. The woman refused to answer on the grounds that questions about her parents and heritage were irrelevant to her travels and activities abroad or in the United States.
“This line of questioning creates the perception of racial and religious profiling,” said CAIR-MN Executive Director Omar Merhi. “Questions about the birthplace of an American citizen’s parents insinuate that due to one's heritage, he or she might be a person worthy of suspicion.”
In addition to the questioning, several inappropriate comments were allegedly made by the supervisor regarding the woman’s heritage. The comments allegedly included: “Heritage has everything to do with [your] travels. It has to do with upbringing and values.” The supervisor also asked if any items in her carry-on luggage had religious significance.
After her luggage was searched, and without answering the questions pertaining to her parents, she was finally cleared to enter the country.
South Florida Sun-Sentinel - November 20, 2007
Broward County of Florida tops state in hate crimes
By Akilah Johnson
At a time when national civil rights leaders are calling for a renewed federal focus on hate crimes, Florida reported the lowest level in nearly a decade, according to a report released Monday by the state Attorney General's Office.
Broward County had the most incidents statewide, however, with 50 crimes motivated by hatred of the victims' race, religion, sexual orientation or ethnicity/national origin. Palm Beach County, with 15, was in the top five statewide.
According to the report, the number of cases dropped by one last year to 259, the lowest since 1998. The nation, however, saw an 8 percent increase in hate crimes. Florida usually averages about 277 hate crimes each year.
And so days after demonstrators descended on the Justice Department in Washington, demanding the federal government respond more vigorously to noose hangings and other instances of racial antagonism, Florida Attorney General Bill McCollum said his office will do its part.
"Our Office of Civil Rights is committed to fighting any hate-motivated injustices as part of its mission," he said in a statement.
The "hate crime" label is considered an add-on to a formal criminal charge that enhances penalties.
Assault, intimidation and vandalism were the most common hate crimes in Broward and Palm Beach counties. Sixty percent of these crimes occurred because the suspects despised the victims' race, the report said.
About 20 percent of the victims in Broward said they were targets because of their sexual orientation and one-third of the victims in Palm Beach said they were targeted because of their religion, the report said.
But activists for both the Muslim and gay rights communities say they don't share the state's view that tolerance has improved. Victims, they said, are reluctant to come forward for fear of retaliation, escalating tensions and a fear that an untrained officer might share the bias.
Altaf Ali, Florida director for the Council on American-Islamic Relations, said he received a letter in March that called Islam the "religion of Satan" and referred to him as "a walking dead man."
"In the past you had graffiti, or a hateful look, but now we're talking about death threats," he said…..
sun-sentinel.com/news/local/broward/sfl-flbhate1120sbnov20,0,7331165.story
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