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DA tracking spate of hate ‘incidents’ and explains why she can’t prosecute them

October 14, 2022 by Marin Leave a Comment

This hate message pestered Fairfax residents a few years back. It was deemed an “incident” by the DA, not a “crime.” 

Marinscope

Following a string of hate-driven incidents, including the distribution of antisemitic flyers in communities around the county, Marin County District Attorney Lori Frugoli issued a press release in which she assured  the public that appropriate action is being taken. 

Local law enforcement agencies are investigating. Also, an investigator who specializes in hate crimes, hired earlier this year by the District Attorney’s Office, is actively tracking these incidents along with all reported incidents of hate in the county.

“These incidents are revolting, and have no place in our community,” Marin County District Attorney Lori Frugoli said. “Our hate crimes investigator is working with local law enforcement to document and track these incidents. And our team of veteran prosecutors will analyze the cases to determine whether crimes have been committed.”

So far, none of the cases have been prosecuted.

The DA’s office hired Investigator William Reid in July. He specializes in investigating cases involving hate crimes, Brown Act violations and community education and outreach.

The DA’s Office Hate Crime webpage explains the differences between a hate crime and a hate incident. For a criminal charge to be filed, the evidence must match the criteria for the crime at a legal standard of proof that is beyond a reasonable doubt.

Here is how the DA’s webpage draws the line as to what is prosecutable.

A hate crime is a crime against a person, group, or property motivated by the victim’s real or perceived protected social group. You may be the victim of a hate crime if you have been targeted because of your actual or perceived disability, gender, nationality, race or ethnicity, religion, sexual orientation, and association with a person or group with one or more of these actual or perceived characteristics.

Hate crimes are serious crimes that may result in imprisonment or jail time.

A hate incident is an action or behavior motivated by hate but which, for one or more reasons, is not a crime. Examples of hate incidents include: Name-calling, insults, displaying hate material on your own property, posting hate material that does not result in property damage, distribution of materials with hate messages in public places.

The U.S. Constitution allows hate speech as long as it does not interfere with the civil rights of others. While these acts are certainly hurtful, they do not rise to the level of criminal violations and thus may not be prosecuted. However, it is important to note that these incidents have a traumatic impact on the victims as well as on the community at large.

Anyone who is a victim of, or has witnessed, a hate crime or incident is encouraged to contact your local law enforcement agency. The District Attorney’s Office also maintains a hate crime hotline at (415)473-2585, which is monitored daily and has information in Spanish and English.

Filed Under: Local News, Marin News, Mill Valley, Novato, Ross Valley, San Rafael, Sausalito

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