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July 18, 2013 0

Arizona Aryan Brotherhood Member Convicted Of Hate Crime For Threatening Phoenix Officer

A Phoenix jury on July 10, 2013, con­victed a self-professed mem­ber of the Ari­zona Aryan Broth­er­hood, Brian Lee Harm, of one felony count of threat­en­ing the Phoenix Police Depart­ment offi­cer who had arrested him for tres­pass­ing in August 2012.  The con­vic­tion included a hate crime enhancement.brian-lee-harm

Accord­ing to the police report filed after Harm’s arrest, the offi­cer encoun­tered Harm while respond­ing to a call about a white male wav­ing his hands in the air and yelling at pass­ing vehi­cles.   When the offi­cer found him, Harm—who matched the descrip­tion called in—was attempt­ing to force open the slid­ing glass doors of a nearby office build­ing.  The offi­cer, and a sec­ond offi­cer who soon arrived at the scene, spoke with Harm and even­tu­ally placed him under arrest for trespassing. 

Fol­low­ing his arrest, Harm became angry and abu­sive, soon laps­ing into repeated crude eth­nic slurs.  Accord­ing to the offi­cer, Harm’s rhetoric esca­lated, with Harm threat­en­ing to injure or kill the offi­cer and to “make trou­ble” for all offi­cers in the area.  When Harm stated that he was a mem­ber of the Aryan Broth­er­hood (a ref­er­ence to the Ari­zona Aryan Broth­er­hood, a large and vio­lent white suprema­cist prison gang), the offi­cer began record­ing Harm’s remarks.

Among the recorded remarks Harm made was a threat to “beat nig­ger chil­dren, too, I don’t fu–in’ care.”  Harm said that he would have “all my Broth­er­hood broth­ers” come to the neigh­bor­hood and “you’ll pay the ulti­mate price.”  He told the offi­cer that “ni—rs won’t be safe in this neigh­bor­hood” and that “it’s gonna be tough to go out to din­ner for you now.”  His remarks included many more sim­i­lar com­ments, includ­ing addi­tional threats.

Pros­e­cu­tors charged harm with felony threat­en­ing or intim­i­dat­ing as well as assist­ing a crim­i­nal street gang.  In Harm’s July 2013 trial, the jury acquit­ted Harm of the assist­ing a gang charge but found him guilty of threat­en­ing or intim­i­dat­ing.  Fur­ther­more, in the aggra­va­tion phase of delib­er­a­tions, the jury found that the offense involved the inflic­tion or threat­ened inflic­tion of seri­ous phys­i­cal injury, that the defen­dant com­mit­ted the offense with the intent to pro­mote, fur­ther or assist crim­i­nal con­duct by a crim­i­nal street gang, and that the offense was a bias crime (i.e., a hate crime).

Harm is cur­rently in the Mari­copa County Jail await­ing sentencing.

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June 18, 2013 0

FBI Will Collect And Report Hate Crimes Directed Against Sikhs, Arabs And Hindus

Ear­lier this month, an FBI Advi­sory Pol­icy Board (APB) rec­om­mended that the Bureau sep­a­rately col­lect and report hate crimes directed against Sikhs, Arabs, and Hin­dus as part of its annual national data col­lec­tion pro­gram man­dated by the Hate Crime Sta­tis­tics Act of 1990 (HCSA).  sikh-hate-crime

The Anti-Defamation League wel­comed the deci­sion. The League had sup­ported col­lect­ing these sep­a­rate cat­e­gories since 2008 – and had pro­moted the action in an August 2012 let­ter to Attor­ney Gen­eral Eric Holder, Jr. and in com­pre­hen­sive tes­ti­mony to the Sen­ate Judi­ciary Com­mit­tee in Sep­tem­ber, 2012.  And, in May, the League coor­di­nated a let­ter to APB mem­bers from 79 national civil rights, reli­gious, edu­ca­tion, civic, and pro­fes­sional orga­ni­za­tions urg­ing this action. 

In the imme­di­ate after­math of the Sep­tem­ber 11, 2001 ter­ror­ist attacks, the nation wit­nessed an increase in attacks against Amer­i­cans who appeared to be of Mus­lim, Arab, Mid­dle East­ern, and South Asian descent. The tragic bias-motivated mur­ders of six Sikh wor­ship­pers at their Gur­d­wara in Oak Creek, Wis­con­sin last August is one of the most recent examples.

Sadly, there is sub­stan­tial evi­dence that these com­mu­ni­ties have been tar­geted for vio­lence and van­dal­ism because of their reli­gious prac­tices, appear­ance, and apparel – includ­ing dis­tinc­tive beards, tur­bans, tra­di­tional fore­head art, or head coverings.

ADL will now work with FBI and the Depart­ment of Jus­tice to update their HCSA train­ing man­ual and to work with the affected com­mu­ni­ties to pro­vide edu­ca­tion, train­ing, and out­reach for law enforce­ment offi­cials about these crimes.

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June 14, 2013 0

ADL Marks 20th Anniversary Of Wisconsin v. Mitchell Decision

This week marks the 20th anniver­sary of the land­mark Supreme Court deci­sion in Wis­con­sin v. Mitchell uphold­ing the con­sti­tu­tion­al­ity of Wisconsin’s hate crimes law, which was based on ADL model leg­is­la­tion drafted in 1981.supreme-court-hate-crimes-adl

Con­gress, forty-five states, and the Dis­trict of Colum­bia now have laws based on our sim­i­lar to the ADL model statute.  ADL’s Wash­ing­ton Coun­sel Michael Lieber­man described the sig­nif­i­cance of this week’s anniver­sary in an op-ed, “Pun­ish­ment to Fit the (Hate) Crime,” pub­lished today in The Hill’s Con­gress Blog.

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