Pennsylvania judge imposes Islamic law on assaulted parade-goer

ACTION ALERT! Please SIGN the petition to remove Judge Mark W. Martin from the bench – and pass the petition around to everyone you know!

UDATE: The victim of violence in this case, Ernest Perce, has allegedly now received over 470 threats. Moreover, the judge has likewise allegedly threatened the victim with “contempt” for having posted a video of his ruling.

In October 2011, a Halloween parade was held by an atheist group in Mechanicsburg, Pennsylvania. Along the route was a fanatic Muslim immigrant who felt the need to attack violently an atheist wearing a “zombie Mohammed” costume. The Muslim hothead assaulted the innocent man and was arrested.

Now a district court judge in Pennsylvania has ruled against the victim and claimed victim status for the violent thug, while reminding us that in a Muslim-dominant country, this assaulted nonbeliever could be executed for his “blasphemy.” The judge not only upheld Islamic or sharia law, but he also admitted that Islam is a violent religion which kills people. Will the terrorist-linked cult CAIR now go after the judge for his blatant “Islamophobia” in associating Islam with violence? Or perhaps anti-American CAIR will castigate the Muslim man, Talaag Elbayomy, for demonstrating once again to the American populace that Islam makes people violent? The violent Muslim man is obviously also an Islamophobe!

“Kidding” aside, this case needs to be brought to the attention of American authorities – if there are any left who haven’t been co-opted by Islamists into following Islamic law. According to ethical and honest “experts,” of course, there is no threat of Islamic law being implemented in the U.S. [/sarc]

Teeny-tiny, powerless minority?

As we can see, this “no sharia in America” lie has been put to rest, as it has also been previously. In the meantime, this judge Mark W. Martin should be removed from office and disbarred. It is contended Martin himself is a Muslim, but the testimony to that supposed fact is unclear. If Martin is a Muslim, then his presence and ruling provide evidence that the “teeny-tiny minority” of Muslims in this country is anything but powerless.

Rumor has it that during the first Gulf War (1990-1991) thousands of U.S. military personnel converted to Islam. These individuals would now be in their 40s and 50s, and in positions of power. Is this judge, Mark W. Martin – who is also purportedly a U.S. veteran – one of them? This contention was repeated by Yahoo News, which presents a headline boldly calling a spade a spade:

Penn Judge: Muslims Allowed to Attack People for Insulting Mohammad

The Yahoo article then states:

Judge Mark Martin, an Iraq war veteran and a convert to Islam, threw the case out in what appears to be an invocation of Sharia law.

However, Martin has evidently denied that he is a Muslim convert. In any event, what are Martin’s qualifications and how was he appointed?

How many “reverts” are now in judicial positions in America, ready to rule according to Islamic/sharia law, as this judge has done, regardless of his religious leanings? How many “Manchurian Candidates” are in still in the military, dictating policy? How many in the political realm, FBI, CIA, etc.? And our schools, colleges and universities? Service companies like the post office, internet and phone providers, with records of home addresses?

Is the attorney for the defendant also a Muslim “revert?”

R. Mark Thomas represented Elbayomy and applauds the judge.

“I think this was a good dressing down by the judge,” he said. “The so-called victim was the antagonist and we introduced evidence that clearly showed his attitude toward Muslims. The judge didn’t do anything I wouldn’t have done if I was in that position.”

Thomas is now running for the position of judge in Pennsylvania – needless to say, he should not be allowed to gain such an office, which he apparently would happily abuse by ruling in favor of Islamic/sharia law.

Here’s an article about this Pennsylvania sharia law brouhaha by my friend Al Stefanelli:

Muslim Admits to Attacking Atheist; Muslim Judge Dismisses Case

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”…

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.

So, it seems. Regarding this ruling, George Washington University law professor Jonathan Turley remarks:

The officer at the scene, Sgt. Brian Curtis, correctly concluded that Perce was engaged in a lawful, first amendment activity….

Putting aside the problem of ruling in a case where you admit you have strong personal feelings, the lecture given on the first amendment is perfectly grotesque from a civil liberties perspective….

The judge’s distorted view of the first amendment was magnified by Elbayomy’s counsel, R. Mark Thomas who called this lecture “a good dressing down by the judge. The so-called victim was the antagonist and we introduced evidence that clearly showed his attitude toward Muslims. The judge didn’t do anything I wouldn’t have done if I was in that position.”

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.

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….

…I view this as an extremely troubling case that raises serious questions of judicial temperament, if not misconduct.

Here’s the contact information for this sleazy judge:

Mark W Martin
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

Complaints about the judge can be directed here (h/t Atlas Shrugs):

Wanda W. Sweigart, Court Administrator
wanda.sweigart@pacourts.us
phone: 717-772-3771

The Court of Judicial Discipline of the Commonwealth of Pennsylvania
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 5500
P.O. Box 62595, Harrisburg, PA 17106-2595
Phone: (717) 772-3771 • Fax: (717) 772-3774

Here’s the homepage http://www.cjdpa.org/index.html

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

Here’s a sample letter sent by a reader at American Atheists to the governor of Pennsylvania:

Below it the text of a letter I just sent to Pennsylvania’s governor, Tom Corbett. I recommend that others go to this website to send their own letters. Please feel free to use my text. Though, it may be better to use your own words.

Dear Governor Corbett,

It has come to my attention that one of your magisterial judges has decided to legislate from Islamic Sharia law rather than the laws of Pennsylvania or the United States of America.

Specifically, Magistrate Mark W. Martin has legislated from his personal belief in Islam in a case where an Islamic man assaulted an atheist. The assault was filmed. A police officer witnessed the event and arrested the defendant. The judge ruled that this was acceptable in Sharia law and thus acceptable in the United States of America.

Here is a link to the news report with video of the attack.

http://www.youtube.com/watch?v=kzGTaEQebfE

Here is a link to a youtube audio of the judge’s ruling in the case. After repeatedly citing the tenets is Islam and even calling the victim of the attack a dufus, the judge dismissed the charges.

http://www.youtube.com/watch?v=Bf11F3y9LOE

It is my very strong belief that in order for Commonwealth of Pennsylvania to retain its status as a free member of these United States of America, it is extremely important that this judge be immediately removed from the bench.

Only judges willing to uphold and defend the laws of this nation should be allowed to sit on the benches of Pennsylvania’s courts. We are not in Iran. It is irrelevant that the victim of this crime would be put to death there. What is relevant is that in this country, we have the right to freedom of speech.

Thank you for your time,

You can enter your own message to Governor Corbett here:

http://www.governor.state.pa.us/portal/server.pt/community/contact/2998/e-mail_the_governor%27s_office/465341

Here are some of the sentiments about this ruling on the Opposing Views website:

“Judge needs to be dis-barred and sent back to law school.”

“Absolutely outrageous. A travesty of justice by an incompetent judge.”

“He should find himself disbarred.”

“I don’t know what to say. I am just in total shock over this judge’s actions. I would imagine there had to be total silence when he gave his decision and then I hope there was disapproval from the gallery. Appalling.”

“if this was the other way image what would happen to the atheist or if it was a christian attacking him.”

“This case needs to be appealed. This judge needs to be impeached. This country needs to get back on the right course. This judge is no less than an islamic extremist, wearing what might as well be a Halloween costume of his own, with gavel in hand. Try attacking me or another veteran, Mr. muslim. You won’t like what happens next.”

Pennsylvania has been the scene of recent debate about anti-sharia law legislation, which, of course, the treasonous CAIR has been shrieking about – this case provides the reason we need such legislation.

“Islam isn’t in America to be equal to any other faith, but to become dominant. The Koran, the Muslim book of scripture, should be the highest authority in America, and Islam the only accepted religion on Earth.”

-Omar M. Ahmad, founder of Council on American-Islamic Relations (“CAIR”), July 4, 1998

“I wouldn’t want to create the impression that I wouldn’t like the government of the United States to be Islamic sometime in the future…But I’m not going to do anything violent to promote that. I’m going to do it through education.”

-Ibraham Hooper, CAIR

“Ultimately, we (Muslims) can never be full citizens of this country…because there is no way we can be fully committed to the institutions and ideologies of this country.”

-Ihsan Bagby, CAIR

Further Reading

Muslim Attacks Atheist. Muslim Judge Dismisses Case, Blames Victim.
Judge rules against atheist attacked in costume
Creeping sharia in the U.S.
Sharia Law in American Courts
FBI co-opted by CAIR
Sharia in Pennsylvania: Muslim judge dismisses case, tells atheist he’d be killed in Muslim lands
Pennsylvania muslims whine over anti-shariah bill
Penn Judge: Muslims Allowed to Attack People for Insulting Mohammad

Pennsylvania Judge Throws Out Charge For Harassing Atheist While Calling The Victim A Doofus

16 Comments

Add a Comment
  1. That judge deserves to get fired. Blaming a victim for getting beaten, and shamelessly defending the violent thug responsible, is a gross violation of justice.
    And besides, if religious people are going to get violent over something as harmless as someone making fun of their idols, then clearly have some anger issues.

  2. Lo Pan: Now this really pisses me off to no end!
    Firstly, the judge implying that a person is required to learn all the particular hang ups of all religions is completely ridiculous.

    However, I would like to defend the judge’s decision, as it should always be illegal to mock any other religion. Knowing that, currently my religion is AnyJudgewhoSaysItsOkForSomeOneToMakeContactWithMeImCommandedToMakeTwiceAsMuchContactOnThatJudge-ism, without getting into its main tenets, I am sure the judge would agree.

    And enough of this asking US to put my hand on the bible, I’m proud to say that once in traffic court I put my foot on the bible. Although he then had me shaking like a baby; he tried to shake me down by telling me to take out my wallet so that he could see how much I had to apply to the fine (which he had not even made a decision on)

    The judge fails to remember that the cop said the defendant admitted to making contact. It may be that he did not, however he should have known that in this country anything you say can be used against you. By the way, what the hell does “anything you say can and will be used against you” mean?”, another good way to get something thrown out of court if your complete statement was not used against you!

    Also, Iwould argue that any judge who presumes that I would swear on the bible has proven himself prejudice, and on these grounds he should be dismissed!

  3. I’m Frustrated
    First of all, I am a Christian have to admit I have been annoyed at the pettiness of some ‘so-called’ atheists who whine about public displays at Christmas time. Now that I got that off my chest…you absolutely have the right to portray Mohammed, the Pope, the Dahli Lama and whoever else without fear of physical harrassment. Our freedom is at risk by radical Islam, and the fact that a sitting judge even refers to foreign laws and how you would be ‘put to death’ in other countries is in direct violation of his oath to uphold the constitution. This judge should be removed. He and others like him are dangerous to our freedoms. Now can you ‘throw me a bone’ next Christmas and overlook public displays of nativity scenes. We all have the right to express ourselves. 😛

  4. Insane
    This is absolutely ridiculous that because he got “offended” that it gives him the right to attack another individual. I think that any extremists are a little wacko whether it be religion, abortion etc. BUT I would never expect to get off from assault charges after clearing attacking a man JUST because I was offended. So what, he was making fun. Make fun of him back, tell him he will go to hell. Use your freedom of speech and leave his alone. I hope someone attacks that gentleman and the judge and tells the new judge he was offended by his court ruling, but it’s ok because apparently it isn’t illegal to do that anymore!! I am so appalled by the way this was handled and am embarrassed to be a United States citizen if things like this keep occurring. That judge should be ashamed of himself.

  5. Source Documents/Evidence
    I wonder how many people listened to the entire court case and watched the video before having knee-jerk reactions to buzz phrases.

    While I disagree strongly with what the judge opines about the first amendment right not applying if said right were to offend anyone.. he did not uphold Islamic law over US law.

    Accrording to the Pennseylvania law: § 2709 Pertaining to Harassment.
    (a) Offense defined.–A person commits the crime of
    harassment when, with intent to harass, annoy or alarm another,
    the person:
    The judge held to the letter of the USA PA law and did not find the immigrant (like our predecessors) to have the INTENT that was required to be found guilty of the law he was charged with breaking.

    In the recording, the victim states quite clearly that the motivation for his costume stemmed from the Qu’ran/Koran.. which the judge addressed/(corrected?) assumptions in his judgement before getting to the verdict part.

    I did not look up the UNITED STATES PA Law requirements for assault or other crimes, which I do not believe the defendent was charged with..

    It’s a bit of a shame how a community of supposed free-thinkers who question dogma would not examine all evidence before rendering an opinion on the subject.

    Even if the judge believes the 1st amendment right of free speech should only be protected if one doesn’t offend anyone, until he acts on that belief.. as long as he upholds the amendment, I’m okay.

    (Daughter of agnostic & catholic; did time in fundamental christianity before asking/knocking/seeking enough to get enough evidence.. now agnostic/atheist depending on definitions)

    1. “It’s a bit of a shame how a community of supposed free-thinkers who question dogma would not examine all evidence before rendering an opinion on the subject. “

      Kinda like you – didn’t even read the story before commenting, eh? There’s plenty of evidence this judge was ruling according to sharia law – including his own words.

      Doh! 😮

  6. This all starts to sound like a bad bar joke: “See, there were three guys: an atheist, a Muslim and a Lutheran…”
    IMHO the facts were: an arrest was made based on a battery, and the ruling should have been based on the merits of he case, i.e., whether the battery did or did not occur. WHY it occurred is irrelevant to the arrest.
    Throwing a rock at someone is assault if the rock misses and battery if it hits. Physical injury can be established & proven. It’s the battery that is the issue.

  7. This is great spin – but factually inaccurate. As an atheist law graduate I have been studying this since it came to my attention nearly a week ago. The atheist response saddens me greatly.

    There seems to be lots of spin, but not much focus on facts (e.g. the Judge is NOT muslim – he has been a Lutheran for 41 years) or law (the evidence does not support the charge, he did NOT admit to the charge).

    As I have advised the NAP, I suggest removing all the posts / blogs, doing some proper research, the posting factually accurate, and legally based opinion.

    That does NOT mean that the Judge did not mis-speak – he probably did. But nothing has yet been provided to me in my communication with Mr Perce , to indicate why the judgement was wrong.

  8. Rather than attacking the Judge (and as I have posted, for factually and legally inaccurate / incorrect reasons),

    Why not question the prosecution
    – why wasn’t the defendant charged with assault ?
    – why wasnt the prosecution conducted by legal counsel (instead of a sgt) ?
    – why did the prosecuting sgt deliberately exclude himself as a witness ?

    Why not question Mr Perce
    – did you have legal counsel and if not why not ?
    – who reviewed the charges to ensure that they represented your wishes ?
    – why did you state that you had permission to record in court when you did not ?
    – why did you state that you had permission to publish, knowing that you had not even asked for it ?
    – what other inaccurate statements have you made ?

    1. The link above

      “Martin has evidently denied that he is a Muslim convert”
      http://dailycaller.com/2012/02/26/hundreds-of-threats-for-assault-victim-in-case-dismissed-by-quran-minded-judge/

      explains that the judges denies being a muslim.

      Still, Judge Mark Martin is wrong when he claims the First Amendment of the US Constitution does not protect unpopular, offensive or blasphemous speech; that’s [b]PRECISELY[/b] what it does and precedent proves that repeatedly. Judges are sworn to uphold the US Constitution, therefore, Judge Mark Martin should be fired and barred.

      Lets also not forget that many studies have demonstrated that atheists are the most discriminated against minority ([url]http://freethoughtnation.com/forums/viewtopic.php?f=7&t=391[/url]) even ranked below gays and muslims.

  9. While were stuttering …
    While we’re stuttering, stammering, apologizing for our existence and trying to always be perfectly accurate and politically correct, the Muslims are loading their AK’s, sharpening their swords and packing their bombs. Yeah, we’ll probably make a few factual and procedural mistakes regarding articles and what we say, but so what? The preponderance of the evidence is that if we don’t wake the f*ck up, we’re going to be dhimmied into nonexistence. Remember, most articles and videos are not inaccurate. For every inaccuracy, there are probably a thousand accuracies. Our mistakes are not the point. Even a hint of sharia and or pandering to Islamists is too much, intolerable. I recommend that we stop sand-papering each others tender spots and begin resolute cohesiveness. Tight-assed intellectualism is not going to save us from Islam. If we’re standing around arguing the fine points and otherwise mentally masturbating, we will not even know when the bullet leaves the muzzle.

  10. PA smudge
    Point is that victim’s right of way was physically blocked by a man who admits to being confrontational.
    It may be that the defendant never even made contact; I tend to guess the contact was minor (?), but the point is that he admitted it to the officer who, according to my understanding, told that to the judge. I think the defendant tried to argue that his English was bad so that he did not mean to say that he made contact while admittedly being confrontational.
    I think the judge believes that he swore an oath to defend the correct reading of the harrestment charge?

    “That government is, or ought to be, instituted for the common benefit, protection and security of the people nation or community; and [b]not for the particular emolument or advantage of any single man, family, or set of men, who are a part only of that community[/b]; And that the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish government in such manner as shall be by that community judged most conducive to the public weal” – PA Constitution

  11. Closet Muslim judge …
    http://sheikyermami.com/2012/02/29/here-im-is-the-zombie-moe/

    Watch the video then tell me this judge isn’t an anti free speech dhimmi idiot. Yeah, it’s an ultra right wing site, but the video is the video.

  12. shaun the brummie

    i understand judges get elected in america..well as he’s been proved to be incompetent and possibly a liar (saying he is not a muslim convert,when could very well be.and in the koran muslims are told it is ok to lie)….vote him out of a job..or get the victim to sue him..

  13. The majority rules and if you check statistics, christianity in the USA is 80% of the population and in canada it is 75%. So this means all these minorities including athiests should have little say!

  14. The judge was just. Listen….what would someone anyone do if someone on Halloween dressed like a zombie Jesus?!? It’s not right!!!! I understand we all have differences but we all should contain respect. The muslim was defending a prophet of God.

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