Islamicpobia, another great American pastime.Hussain went into a hospital restroom to perform the Islamic ritual, known as wudhu, in which he washed his hands and feet to purify his body and soul before praying. Corban walked into the restroom and proceeded to manhandle Hussain, yell racial epithets at him, push him down the corridor and order him to leave the hospital, Hussain said in an interview and court filings.
Hussain, who lives in Upper Marlboro and is a physician and radiologist in Waldorf, decided after filing the civil lawsuit to pursue criminal charges, said Hussain's attorney, David Ellin.
By description I'm reading, its obvious that it's a hate crime. The Maryland Code has a section regarding it under the Criminal Law Section, Title 10 (Crimes Against Public Health, Conduct, and Sensibilities), Subtitle 3 (Hate Crimes), Section 4 (Harassment; destruction of property.)(That's the Maryland Annotated Code: Criminal Law 10-304 :
§ 10-304. Harassment; destruction of property.
Because of another's race, color, religious beliefs, sexual orientation, or national origin, a person may not:
(1) (i) commit a crime against that person;
(ii) damage the real or personal property of that person;
(iii) deface, damage, or destroy, or attempt to deface, damage, or destroy the real or personal property of that person; or
(iv) burn or attempt to burn an object on the real or personal property of that person; or
(2) commit a violation of item (1) of this section that:
(i) except as provided in item (ii) of this item, involves a separate crime that is a felony; or
(ii) results in the death of the victim.
Penalty? (pursuant to the Maryland Annotated Code, Criminal Law 10-306)
(b) For violation of § 10-304 of this subtitle.-
(1) A person who violates § 10-304(2)(i) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
And guess what, it is a hate crime:
If convicted, Corban could face up to 10 years in prison and/or a $2,500 fine, Sviatko said.
The trial is set for June 26.
1 comment:
Greetings! I practice criminal defense, and note that the officer was not charged under the harassment/hate crimes law but under the simple assault law. The Post did identify the penalty correctly, however. The advantage of the simpler charge is that the court need not explore the motive o mindset of the officer in order to convict; the touching and dragging is sufficient, if proven and not legally justified.
Most Americans don't know much about Islam; the officer should have known about wudhu but it would not surprise me if this officer were ignorant of it. But his conduct was outrageous.
If you would like to follow the procedural posture of this case, this is a link to the ongoing court records in the District Court on the charge.
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