Prosecution proved effectiveness of hate crime statute

JEFFERSON CITY, Mo. -- Although he successfully used Missouri's hate crimes statute to pursue criminal charges in 2002 for a cross burning incident, Howard County Prosecuting Attorney Mason Gebhardt supports legislation that would specifically outlaw the practice.

Gebhardt said a targeted law would clear up any ambiguity concerning cross burning. While the act is widely viewed a form of racial intimidation, some argue that in certain contexts it can be an expression of free speech.

"I don't think people have the right to express this kind of speech in that method," said Gebhardt, a Republican and self-described conservative.

When Senate President Pro Tem Peter Kinder, R-Cape Girardeau, and Gov. Bob Holden, a Democrat, independently proposed anti-cross burning legislation this month, they were hard-pressed to cite any such occurrences in Missouri. Although uncommon, there have been some fairly recent instances.

One occurred in November 2000 when an 8-foot-tall wooden cross was set ablaze in front of a black Sikeston family's home. One man later pleaded guilty to the federal charge of racial intimidation and was sentenced to 16 months in prison.

A second perpetrator, who at 17 years of age was too young to face federal charges, pleaded guilty in state court for his role. The Scott County prosecutor's office could not immediately confirm details of the matter, including what charges were pressed.

In the more recent Howard County case, a man who lived on a farm across the road from a biracial couple in Fayette burned a cross on his own property in September 2002.

Gebhardt charged the man with assault, which is allowed in cases where no actual violence occurs but someone is placed in immediate apprehension of physical injury.

By invoking the hate crimes law, Gebhardt elevated the charge, normally a misdemeanor, into a felony. The hate crimes statute, approved by the Missouri Legislature in 1999, permits tougher charges for certain acts when race is a factor.

Gebhardt said his rural, north-central Missouri county has its share of racial problems, and he drew some heat for pursuing the case as a hate crime.

"Some people here still think it's 1904 instead of 2004," Gebhardt said. "That's why I felt it important to make a statement."

With the permission of the victims, who felt their neighbor's action was more motivated by his drinking problem than anything else, the man was allowed to plead guilty to a lesser charge. Gebhardt said the man did a couple months shock time in the county jail and received treatment for alcoholism.

Cape Girardeau County Prosecuting Attorney Morley Swingle said an anti-cross burning law isn't needed as perpetrators are already subject to a variety of criminal charges.

"As a practical matter, it is not necessary because in this day and age it rarely happens," Swingle said. "However, sometimes government wants to pass a useless law just to make a political statement."

But Swingle said the motivation for outlawing cross burning is understandable, and he sees no harm in it.

Kinder acknowledged his bill is symbolic in part.

"I just think it would be good to put a statement on our books that we will not tolerate such acts of racial hatred," Kinder said.

A first offense for burning a cross with the intent to intimidate would be a misdemeanor punishable by up to one year in jail and a $1,000 fine. A subsequent offense would be a felony carrying a maximum four-year prison sentence.

The bill is SB 1045.

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