Judge in Pennsylvania dismisses assault charge against Muslim man who admitted guilt. He then gives the victim a dissertation about Islamic culture, Mohammed and Sharia law. Did I mention the Judge was a Muslim as well?
Quite frankly I am getting a little tired of writing about these stories when all I continue to hear is that “Sharia can never happen in America”.
I have had more arguments with “liberal” attorneys than I care to remember and each time they all say the same thing… “Give me one case, just one example of Sharia in America”. No matter what cases I cite it’s never good enough or it was overturned so it doesn’t count.
I have written about this far too many times, in case you missed any, here are some of my past articles on Sharia in America that never seems to happen here: May 2010, June 2010, August 2010, October 2010, January 2011, February 2011, May 2011, November 2011.
Well, here is yet another to add to the list. Let’s see those who still believe Sharia can’t happen in the U.S. argue their way out of this one.
Last October, the Pennsylvania State Director of American Atheists, Inc., Mr. Ernest Perce V., was assaulted by a Muslim, Talaag Elbayomy while he was participating in a Halloween parade. Mr. Perce was dress as a Zombie Mohammed and Elbayomy was a spectator with his family.
Elbayomy was offended by the Mohammed costume and took matters in to his own hands, literally and physically. Not only was the assault was captured on video, but Talaag Elbayomy admitted to the assault. Charges were filed and the case went to Court.
Talaag Elbayomy is an immigrant and claimed that he did not know that his actions were illegal because he also was under the belief that it was illegal in the U.S. to represent Mohammed in any form. What’s more is that during his testimony he stated that his 9 year old son was present and felt he needed to show his son that he was willing to fight for his Prophet.
I know I’ve said this before, but the first thing you learn in law school is that ignorance of the law is not a defense. It is irrelevant what Elbayomy thought and any Judge or attorney knows this. All that matters is that he broke the law.
Pretty cut and dry case, the defendant, Elbayomy never denied the assault charge and the whole thing was on video. Slam dunk case right? Not so fast though, as they used to say on ‘Rowan and Martin’s Laugh In’, “here comes de Judge”.
The Judge in this case is Judge Mark Martin who also happens to be a Muslim. But that shouldn’t matter; Sharia can’t happen here, he’s an American Judge who is going to follow Pennsylvania and American laws. At least that’s what Article 6 of the Constitution states,
Article 6 – This Constitution and the laws of the United States which shall be made under it shall be the supreme law of the land, and judges in every state shall be bound by them. Senators and Representatives, legislative officers, all executive and judicial officers both of the United States and the several states shall be bound by a Oath or Affirmation to support the Constitution.
Well, Judge Martin refused to allow the video of the assault in to evidence and not only ruled in favor of the defendant and dismissed the charge, but he then spoke to the victim Mr. Perce giving him a six minute dissertation about Islam, the Islamic culture and Sharia law. During his Islamic rant he called Mr. Perce a “Doofus” and explained that if he were in a Muslim country, he’d be put to death for blasphemy.
Judge Martin stated from the bench,
“Having had the benefit of having spent over 2 and a half years in predominantly Muslim countries I think I know a little bit about the faith of Islam. In fact I have a copy of the Koran here and I challenge you sir to show me where it says in the Koran that Mohammad arose and walked among the dead. I think you misinterpreted things. Before you start mocking someone else’s religion you may want to find out a little bit more about it. It makes you look like a doofus and Mr. Elbayomy is correct, in many Arabic speaking countries something like this is definitely against the law there. In their society in fact it can be punishable by death and it frequently is in their society.”
But it doesn't end there, oh no. Judge Martin explained about the so-called religion of Islam as well,
“Islam is not just a religion; it’s their culture, their culture. It’s their very essence their very being. They pray five times a day towards Mecca to be a good Muslim, before you die you have to make a pilgrimage to Mecca unless you are otherwise told you cannot because you are too ill too elderly, whatever but you must make the attempt. Their greetings wa-laikum as-Salâm (is answered by voice) may god be with you. Whenever, it’s very common when speaking to each other it’s very common for them to say uh this will happen it’s it they are so immersed in it.
Just when you thought you had heard it all from an American Judge on a simple assault case, Martin continued and in doing so throws out Mr. Perce’s First Amendment rights,
“Then what you have done is you have completely trashed their essence, their being. They find it very, very, very offensive. I’m a Muslim, I find it offensive. But you have that right, but you’re way outside your boundaries or first amendment rights. This is what, and I said I spent about 7 and a half years living in other countries. When we go to other countries it’s not uncommon for people to refer to us as ugly Americans this is why we are referred to as ugly Americans, because we are so concerned about our own rights we don’t care about other people’s rights as long as we get our say but we don’t care about the other people’s say.”
What? Wait a second did he say “But you have that right, but you’re way outside your boundaries or first amendment rights.”? Um, Judge, I’d hate to correct you, but you can’t have it both ways, either Mr. Perce had the right or he didn’t. You have just contradicted yourself in one sentence.
After refusing the video and not seeming to care that Elbayomy admitted to the assault Judge Martin gave his reason for dismissing the charge,
“All that aside I’ve got here basically. I don’t want to say he said she said, but I’ve got two sides of the story that are in conflict with each other.”
“The preponderance of, excuse me, the burden of proof…”
“…he has not proven to me beyond a reasonable doubt that this defendant is guilty of harassment, therefore I am going to dismiss the charge.”
Interestingly, Sgt. Brian Curtis of the Mechanicsburg, PA Police Department who took the initial report of the incident, was interviewed by WHTM, ABC channel 27 Harrisburg, PA and he stated,
“Mr. Perce has the right to do what he did that evening and the defendant in this case was wrong in what he did in confronting him”.
“I believe that I brought a case that showed proof beyond a reasonable doubt and the case was dismissed and I was disappointed”.
The Sgt. was “disappointed”, that’s not the word I would have chosen, but then again…
Judge Mark Martin actually stated from the bench in a Court of law, “They find it very, very, very offensive. I’m a Muslim, I find it offensive.”
Hmmm. I wonder how much of that offensiveness played in your ruling Judge; I thought ‘Justice was blind’, not blind, deaf and dumb. Oh, but that’s right, we are talking about Sharia law here aren’t we?
For all those who are still under the belief that Sharia has never, or can’t happen here, the Center for Security Policy published a report in May 2001 titled “Shariah Law and American State Courts”. The report breaks down a total of 50 cases in the following 23 States,
Arizona, Arkansas, California, Delaware, Florida, Illinois, Indiana, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, Ohio, South Carolina, Texas, Virginia and Washington.
If your State isn’t listed here give it time, it will be eventually. And people still ask why States are writing new laws attempting to ban Sharia from their Courts.
You can contact Judge Mark Martin and tell him what you think of his Judicial or should I say ‘Sharia’ decision.
Mark W. Martin Magisterial District Judge
507 N. York St.
Mechanicsburg, PA 17055
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