Pennsylvania: Muslim Admits Attacking Atheist; Muslim Judge Dismisses Case (videos)

Sharia law is in affect in Mechanicsburg, Pennsylvania – among other places in the United States.


Submitted by American Atheists on Feb 22, 2012

By Al Stefanelli

The Pennsylvania State Director of American Atheists, Inc., Mr. Ernest Perce V., was assaulted by a Muslim while participating in a Halloween parade. Along with a Zombie Pope, Ernest was costumed as Zombie Muhammad. The assault was caught on video, the Muslim man admitted to his crime and charges were filed in what should have been an open-and-shut case. That’s not what happened, though.

The defendant is an immigrant and claims he did not know his actions were illegal, or that it was legal in this country to represent Muhammad in any form. To add insult to injury, he also testified that his 9 year old son was present, and the man said he felt he needed to show his young son that he was willing to fight for his Prophet.

The case went to trial, and as circumstances would dictate, Judge Mark Martin is also a Muslim. What transpired next was surreal. The Judge not only ruled in favor of the defendant, but called Mr. Perce a name and told him that if he were in a Muslim country, he’d be put to death. Judge Martin’s comments included,

“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 dufus and Mr. (Defendant) 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. 

Judge Martin then offered a lesson in Islam, stating,

“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 can not 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. 

Judge Martin further complicates the issue by not only abrogating the First Amendment, but completely misunderstanding it when he said,

“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”

But wait, it gets worse. The Judge refused to allow the video into evidence, and then said,

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.”

And,

“The preponderance of, excuse me, the burden of proof… “

And,

“…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”

The Judge neglected to address the fact that the ignorance of the law does not justify an assault and that it was the responsibility of the defendant to familiarize himself with our laws.  This is to say nothing of the judge counseling the defendant that it is also not acceptable for him to teach his children that it is acceptable to use violence in the defense of religious beliefs.  Instead, the judge gives Mr. Perce a lesson in Sharia law and drones on about the Muslim faith, inform everyone in the court room how strongly he embraces Islam, that the first amendment does not allow anyone ” to piss off other people and other cultures” and he was also insulted by Mr. Perce’s portrayal of Mohammed and the sign he carried.

This is a travesty. Not only did Judge Martin completely ignore video evidence, but a Police Officer who was at the scene also testified on Mr. Perce’s behalf, to which the Judge also dismissed by saying the officer didn’t give an accurate account or doesn’t give it any weight.

Here is a link to the video that includes the audio of the Judge during the trial:

Here’s coverage of the incident from the local ABC affiliate

Needless to say, this is totally, completely and unequivocally unacceptable. That a Muslim immigrant can assault a United States citizen in defense of his religious beliefs and walk away a free man, while the victim is chastised and insulted by a Muslim judge who then blamed the victim for the crime committed against him is a horrible abrogation.

This reeks of those cases we used to read about where a woman is blamed for her own rape because she “was asking for it” by virtue of the clothing she chose to wear, and then having the Judge set the rapist free.

I can promise you this, you have not heard the last of this issue. Not by a long shot.


Cross examination below. Note at around 31 minutes the judge clearly seems to say “I’m a Muslim.” Unnamed sources say the judge is not a Muslim. Contact Your Elected Officials

More:

Update: ‘Zombie Mohammad’ Ernest Perce threatened with jail for releasing audio of trial

Don’t forget Hamas-linked CAIR is fighting for Sharia Law in Pennsylvania and every othe state.

Update 2: Jonathan Turley weighs in:

I fail to see the relevance of the victim’s attitude toward Muslims or religion generally. He had a protected right to walk in the parade and not be assaulted for his views. While the judge laments that “[i]t’s unfortunate that some people use the First Amendment to deliberately provoke others,” that is precisely what the Framers had in mind if Thomas Paine is any measure.

Notably, reports indicate that Elbayomy called police because he thought it was a crime to be disrespectful to Muhammed. The judge appears to reference this by noting that in some countries you can be put to death for such an offense. Those countries are called oppressive countries. This is a free country where it is not a crime to insult someone’s religion — despite a counter-trend in some Western countries.

I also do not see how the judge believes that he has the authority to tell a religious critic that “before you start mocking somebody else’s religion, you might want to find out a little more about it.” Let alone call a person a “doofus” because he opposes religion.

To make matters worse, the judge is reportedly threatening Perce with contempt for posting the audio of the hearing.

The reference to the cultural motivations for assaulting Perce seems to raise a type of cultural defense. I have spent years discussing this issue with state and federal judges on the proper role of culture in criminal and civil cases. This is not a case where I would view that defense as properly raised. There are certainly constitutional (and yes cultural) norms that must be accepted when joining this Republic. One is a commitment to free speech. If culture could trump free speech, the country would become the amalgamation of all extrinsic cultures — protecting no one by protecting everyone’s impulses. Those countries referenced by the court took a different path — a path away from civil liberties and toward religious orthodoxy. It is a poor example to raise except as an example of what we are not. The fact that this man may have formed his views in such an oppressive environment does not excuse his forcing others to adhere to his religious sentiments.

Martin’s comments also heighten concerns over the growing trend toward criminalizing anti-religious speech in the use of such standards as the Brandenburg test, a position supported by the Obama Administration.

There are legitimate uses of the culture defense. However, when it comes to free speech, that is not just our controlling constitutional right but the touchstone of our culture.

I can understand the judge’s claims of conflicting testimony on the crime –though it seems to be that the officer’s testimony and the tape would resolve those doubts. However, I view this as an extremely troubling case that raises serious questions of judicial temperament, if not misconduct.

48 Responses

  1. We are not in some backass country, this is America. This needs to go to a higher court and fought. Muslims are ignorant of everything and that is not an excuse to do wrong and this frickin judge needs to be fired. Judge Mark W Martin is an Arsehole.

  2. These muzzrats should not be allowed to have Christian names, but should be called by their filthy muzzrat names so that people know who and what they are and can say they do not want them as their judge as they are not impartial!!

  3. [...] Muslim Admits Attacking Atheist; Muslim Judge Dismisses Case! « Creeping Sharia [...]

  4. What were the muzzrats doing at a Halloween parade? That is forbidden for muzzrats!! Lying filth!!

    He wasn’t shocked at the portrayal of the Pope though! Fcking lying hypocrite!!

    F#ck mohammed the pig turd of arabia!!

    The muzzrat is there for colonising and stealing America from Americans. The judge should be struck off!! Trying to find a picture of this asshole, is he from South Carolina? there is one mark martin standing grinning next to elena kagan, the obamite!

  5. This “judge?” is guilty of so many legal issues…that any one of them should have him thrown out of office immediately! Is he still in office???
    Excuse me…but shouldn’t the FBI be looking into this case??? This case needs to be “over-turned” immediately!!! If for no other reason than “Conflict of Interest!” Has the attorney for, The Pennsylvania State Director of American Atheists, Inc., Mr. Ernest Perce V., filed for a “Mistrial!”…yet???

    Hello!!! Is anyone listening???

    This certainly calls for a “Mistrial!” and “Change of Venue!” and “…a dismissal of this “ignorant” judge…immediately!”

    Can we please get a “follow-up???” on this!!!!

  6. [...] Submitted by American Atheists on Feb 22, 2012Via Creeping Sharia [...]

  7. Time to give these MUSLIM LOVING JUDGES the same treatment that he or she excuses against the DEFENDENT. Take them around the corner and BEAT THE CRAP OUT OF THEM TILL THEY CANT MOVE like the MUZZIES DO TO the CHRISTIAN, JEWS, HINDUS etc. TIT FOR TAT. EYE FOR AN EYE!!! LOCK AND LOAD.

  8. This judge needs to be removed from the bench and disbarred. If it was legal to lynch him I would call for that as well!

  9. What is this judge in Mechanicsburg? Traffic Court Judge? This “judge” needs to be removed from the bench! The guy who got assalted needs to sue the judge and the 7th century turd who assaulted him. And if the lawful way doesn’t work…there are other ways..

  10. Is this him??

    Mark W. Martin
    Magisterial District Judges
    Title: Magisterial District Judge
    Phone: 717.766.4575
    Contact:
    507 N. York St.
    Mechanicsburg, PA 17055
    Ph: 717.766.4575
    Fx: 717.766.2238
    Office Hours:
    Monday – Tuesday, Thursday – Friday: 8:30 am – 4:30 pm
    Wednesday: 8:30 am – 6:00 pm
    Directions:
    From I-81: Exit from I-81 via Exit 57 (the Mechanicsburg State Route 114 Exit). Follow SR 114 East and after crossing over US 11 near a Sheetz convenience store, travel 2.3 miles farther on SR 114 East to Pleasantview Dr. and turn right. The office is located in the first professional building on the left.
    From I-76 (Pennsylvania Turnpike) or US 15: Exit the PA Turnpike via the Gettysburg Pike Exit 236. Follow US 15 south 1.2 miles to SR 114 to the Mechanicsburg / Bowmansdale Exit. Follow SR 114 west for three miles and turn right (north) at the corner of Main and York Streets in the borough of Mechanicsburg. Travel 3/10 of a mile on North York Street (one block past Grandpa’s Growler restaurant) and turn left onto Pleasantview Dr. The office is located in the first professional building on the left.

    • “…you don’t say!” hmmm??? :)

      “What if? Everyone who reads this, sends a letter, demanding his removal?”

      Of course if we send them all to him…he will simply throw them away! I have something else I would like to send him…I was going to say, “Arsenic!”, but he probably uses that as an “herb” on his food…but because I am NOT “Muslim”…I’m sure I would be arrested, tried, and executed…for “terrorist threats!” HELL…if I sent him a Bible…it would probably be worse!!!

  11. See one, you seen ‘em all. Intern camps NOW! Deportation next!

  12. It appears that treason is happening in all branches of the government now. Islam is making a move for America right NOW! Real Americans are under attack by they people that are supposed to protect them.

    Get ready.

  13. This judge took an oath to defend the Constitution of the United States, not the Koran. He should be disbarred immediately and removed from the bench.

  14. I have re-blogged this – with h/t – and I found a picture of him on a video he put out about truancy:
    http://juniperinthedesert.blogspot.com/2012/02/us-judge-applies-sharia-law-in.html

  15. The link to his video, http://www.scjap.org/website/index.php?option=com_weblinks&view=category&id=19%3Aother-resources&Itemid=23

    Truancy Video by Judge Mark Martin
    This link will allow you to either open and view or download a video (MP4 format) message from Judge Mark Martin of Mechanicsburg about truancy problems.

    The script for this video is available in the Documents section of this website under ‘Miscellaneous Information for Judges.’

    Questions about the script, the video, or its production should be directed to Judge Martin.

    • In all fairness, ‘judge’ Martin’s truancy video does not at all relate to Islamic doctrine and therefore is not problematic. Unlike the trampling of the first amendment Martin wielded against the atheist under the boot of sharia, which is incredibly mind blowingly offensive.
      In that truancy video, Martin does mention again, however, that he resided/served in uniform in the ME. Begs the question, while in uniform, who’s law did Martin follow? Did any of our troops safety come into question while he was serving? (recall the Haditha Marines & that Rep. Murtha is also fm Pennsylvania). Any and all doubt about this judge’s loyalty to the court, to this nation and to citizens as well as his history within the military comes into play because of this insane decision to ignore evidence, witness testimony and ultimate dismissal.

  16. A judge is supposedly a learned man. This judge was a muslim? Quite an oxymoron. If someone tells me he/she is a muslim, they have just told me they’re stupid; a sane person could never belong to such a brutal, misogynistic, brainwashed, evil cult. muslims have no place in a Western society, they contribute nothing, and should NEVER be allowed in the legal system, military, police or government.
    muslims are in the West to cause as much mayhem as possible; and if they are not engaged in that at the moment, then they are ‘sleepers’, to be called on at a future date.
    This case should never have come to court. If the ‘judge’ is a muslim, how can he possibly uphold the American Constitution and Law? Certainly ‘judge’ Martin should be thrown out.

  17. [...] the story: The Pennsylvania State Director of American Atheists, Inc., Mr. Ernest Perce V., was assaulted by [...]

  18. Reblogged this on A Lot Of Coffee and Sleepless Nights.

  19. it’s not right to talk against or act against any religion. don’t hate the religion, hate fanatics!! and people that discriminate! This judge needs to be not only fired but publicly condemned for going against all the the united states of america stands for!!

    • Excuse me? But why in the world, would you call, what these Muslims “worship” a “Religion?” For it is NOT! There is ONLY ONE TRUE “RELIGION” ON THIS PLANET…AND IT IS THE “CHRISTIAN RELIGION!” ALL other “so-called” religions are simply a “way-of-life” and nothing more!

      So…please!!!! Do some research and discover that which you are totally unaware of!!! The “fanatics” have turned the “Muslim way of life” into a “cult” of dissension and hatred. Please, do not confuse “their” way of life, with that of the “Christian Religion!” For they are not even close!!!

      • Bobby you’re just as crazy as the Muslims! All religion is insanity! The Christians have done just as many horrible things as the Muslims! The Crusades, Inquisition, witch trials etc… If the Christians in this country had absolute power they would force all they’re craziness upon they rest of the country and end up killing in the name of God just like the Muslims! The only way we will EVER all get along is when there is NO MORE RELIGION AT ALL! Unfortunately that is not gong to happen for a long, long time!

        • The “Inquisitions?????” Forgive me…but I do NOT consider the Roman Catholic Church as part of the Christian Religion. Apparently you DO! Once you read and learn, that the Christian Religion has nothing to do with ALL the religions that “man” has created, then, and only then, will you understand what I am talking about.

          Who do you “think” IS the Roman Catholic Church??? IT IS THE ROMAN EMPIRE!!!! OMG! Don’t you understand anything about history?

          Of all the people in the world, Dr. Gene Scott (remember him?), wrote about how he set out to “prove” once and for all, that Jesus and the Christian Religion, was a “farce!!!” In the end, he discovered that the Christian Religion, IS in “fact,” the ONLY true Religion on this Earth!!! NOT the ones that “men” have created. but the simple belief in Jesus Christ. Which, by-the-way, is what “I” am, for I follow the “teachings” of, Jesus Christ!!! I hope this clarifies my point!

          • @bobby I would not call Christianity a “religion”. I for one don’t follow men who make rules about the who,what, how of my belief. I follow Jesus Christ and He is not “man made”!

  20. Judge should have RECUSED himslef from the case b/c heis NOT IMPARTIAL -and sworn to defend USA laws not enforce sharia laws-

    His biased cultural stereotypes of Muslims being incapable of handling anger and control issues makes him a RACIST as well

    • Low-level judges such as Magistrates are NOT required to be attorneys. A bachelor’s degree and work experience usually constitute the minimum requirements for judges and magistrates, but most workers have law degrees and some are elected [link].

      In the State of Pennsylvania, Magistrate Judges have certain rules to follow and Mark Martin either is unfamiliar with these rules or blatantly ignored them as demonstrated below with Rules 2, 4, & 8

      Rules Governing Standards of Conduct of Magisterial District Judges

      2. Magisterial district judges shall respect and comply with the law and shall conduct themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

      4. Magisterial district judges shall be faithful to the law and maintain competence in it. They shall be unswayed by partisan interests, public clamor or fear of criticism. . .Magisterial district judges shall be patient, dignified and courteous to litigants, witnesses, lawyers and others with whom they deal in their official capacity,. . .

      8. Magisterial district judges shall disqualify themselves in a proceeding in which their impartiality might reasonably be questioned . . .(1) they have a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;(c) is known by the magisterial district judge to have an interest that could be substantially affected by the outcome of the proceeding

  21. There should be a Federal ban on allowing any muslim to be a judge of any kind in the U.S.A. This judge needs removed from the bench!!!!!

  22. If you people really believe this crap then you are ignorant. If this really happened an appeal will be under way and what that judge said “if” he said it, was highly illegal. Just FYI. Muslims are human beings too and it’s ironic that you would call them ignorant and then judge them. Not ALL Muslims are as horrible and you all say. SOME of them are yes. If what this says is true – just remember you can’t believe everything you read, then the law and our constitution will take care of it. But when you hate Muslims and talk of them with such disgust, you are no less of an extremist than you claim them to be.

    • This was a criminal case not a civil one. Only the defendant (The Muslim man who beat up the atheist.) is entitled to an appeal. Thus he gets off and will do it again.

      Learn the law idiot.

      • “My BAD!!!” I made the same mistake of “thinking” this was going to be “handled” through an “appeal” or something but couldn’t quite figure out how! I am always in court as a “defendant” (oops!), which is the reason for my “thinking” in such a way!

        I am still at a loss, however, as to how “WE, the People…” go about “reversing” such a “travesty of injustice!”

  23. Is there any way we can get Judge Martin impeached from his office? If there ever was a time we need a Constitutional Amendment preventing the implantation of religious (Shar’ia) law on the US now is it.

  24. This judge needs to be disbarred. Why is he citing non-US law or culture as a legal precedent?

    I hope the victim in this case appeals this anti-rule of law decision and establishes that freedom of speech trumps what might be done in a Muslim nation under Sharia law.

    This clearly proves the need for an anti-sharia or anti-foreign law statute in PA.

  25. Mail complaints to:

    The Court of Judicial Discipline of the Commonwealth of Pennsylvania
    Judicial Conduct Board
    601 Commonwealth Ave
    Suite 3500
    PO Box 62525
    Harrisburg, PA 17106-2525

  26. [...] Pennsylvania: Muslim Admits Attacking Atheist; Muslim Judge Dismisses Case! (creepingsharia.wordpress.com) [...]

  27. Reblogged this on Buckskinner's Blog and commented:
    sharia law has no place in an American court room

  28. UNBELIEVABLE- IF WE DID THIS IN HIS COUNTRY WE COULD BE PUT TO DEATH- WE ARE IN AMERICA -AND THE JUDGE SHOULD REMEMBER THAT. AND HE SHOULD BE LOOKED AT AS SOMEONE WHO SYMPATHIZES, AND THEREFORE HAS NO RIGHT TO RULE.IF HE CANNOT KEEP HIS PREFERENCES OUT OF HIS RULINGS- DISGUSTING.

  29. When will you people learn that FREEDOM OF RELIGION is ALL RELIGIONS? What right did the ATHEIST have to incite violence and ANY of you show me WHERE in the Declaration of Independence does it say that you can say or do anything you want and it’s OK to incite violence? Get off of your racist hate filled asses and learn something. Not all muslims are bad, not all christians are bad and not all pagans are bad. But making fun of them IS BAD it makes you a bully and it’s just plain wrong. No wonder other countries hate us.

  30. http://evilbloggerlady.blogspot.com/2012/02/judge-martin-responds-on-zombie.html

    The Judge responds. He is a combat reservist and a Lutheran (not a Muslim convert). He claims that he is being taken out of context. But is here? Do those taped comments we heard from the protester square with what the judge is saying now?

    • Thanks – no way of knowing if it’s from that judge or not – presumably an official statement will be forthcoming.

      Either way, the excuses given seem to make the case even worse.

  31. [...] a judge in Pennsylvania, a governor in New Jersey and a President in DC who’d all ensure a quick conviction. Share [...]

  32. [...] Pennsylvania: Muslim Admits Attacking Atheist; Muslim Judge Dismisses Case (videos) [...]

  33. [...] update on this post via Judge in zombie Muhammad case [...]

  34. [...] Pennsylvania: Muslim Admits Attacking Atheist; Judge Dismisses Case (videos) [...]

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