During Halloween last year in Pennsylvania, some members of an Atheist group joined a local parade dressed as a Zombie Pope and a "Zombie Muhammed". Talaaq Elbayomy (a Muslim immigrant) also happened to be there with his wife and kids, and when he saw Ernest V. Perce dressed up as said Zombie Muhammed, he attacked Perce (all caught on tape) to defend the Prophet's honor. After the scuffle, both men tracked down a police officer for obviously different reasons: Perce, because he was assaulted for no justifiable reason, and Elbayomy because in his supreme ignorance believed dressing up as Muhammed was a crime.
Now one would think that in America, where it might be tacky but certainly
not a crime to dress up as Muhammed, the person who assaulted another individual would have to pay the piper, but not so in Judge Mark W. Martin's court. You see, Judge Martin also happens to be a Muslim convert who spent several years in Muslim countries while serving in the military. And rather than being able to separate his newly adopted religious beliefs from his constitutional duties as a judge, he dismissed the case against Elbayomy in spite of the police officer's testimony on Perce's behalf, all the while admonishing Perce for his insensitivity and lecturing him on Islam and Sharia (also caught on audio- with the judge's permission.)
Opposing Views, transcribed some of Judge Martin's diatribe:
“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.
“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.
Well, Judge Martin, this is the U.S. and here we don't execute people for blasphemy, and although we might be offended by someone dressing up as a Zombie Jesus, Pope, Buddha, Muhammed or whomever, it is their right to do so.
Then Martin goes on to say (as per Opposing Views):
“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”
“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”
Apparently, Martin refused to allow the video of the attack to be admissible in court.
As for ignorance of the law, had Elbayomy killed Perce in the melee, would he have sided with Elbayomy? If Judge Martin is unable to follow the rule of American law, then he has no place in our judicial system.
Video coverage by local news channel.
Perce's video of his ordeal.
You can voice your complaints to the following (H/T
Pamela Geller):
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.
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