N.S. man pleads guilty to harassment, not hatred in cross-burning
Windsor, N.S.— The Canadian PressPublished Last updated
A Nova Scotia man charged after a cross was burned earlier this year on the lawn of an interracial couple has pleaded guilty to criminal harassment.
But Justin Rehberg proceeded with his trial Monday on the charge of inciting racial hatred. Two other charges — uttering threats and mischief — were dropped.
Crown lawyer Darrell Carmichael argued that setting a cross on fire on Feb. 21 just after midnight was terrifying and a clear incitement to racial hatred.
But defence lawyer Chris Manning said while his client's act was “contemptible,” it didn't have the effect of inciting others to racial hatred.
Instead, he noted the cross-burning prompted an anti-racism march.
Shayne Howe, who is black, and Michelle Lyon, who is white, said they awoke early in the pre-dawn darkness of Feb. 21 to find a two-metre cross burning in front of their rural home in Poplar Grove in central Nova Scotia. They said the cross had a noose attached.
They also told police they heard someone yelling racial slurs, but couldn't see them.
At the time, Ms. Lyon said the couple and their five children, aged two to 17, were terrified by the incident and considered moving from the Windsor area.
But they said they were encouraged to stay when the community rallied to support them. The family received phone calls, emails, cards and personal visits from people across the province offering their support and expressing shock.
Outside the Windsor court, Ms. Lyon said she is still concerned for her safety.
“I'm always afraid of what's going to happen,” she said.
“I don't go out usually after dark. I'm home, doors are locked, alarms set. I'm very diligent on safety in the home and safety when I'm outside the home, only because there is a lot of media coverage on this and there are a lot of supporters on their side.”
Provincial court Judge Claudine MacDonald adjourned Rehberg's case until Nov. 5.
That's when she is expected to rule on his not guilty plea and set a date for sentencing on the guilty plea.
Mr. Rehberg's brother, Nathan, is also charged in the case. His trial is scheduled to begin Nov. 10.This here is our favorite part:
But defence lawyer Chris Manning said while his client's act was “contemptible,” it didn't have the effect of inciting others to racial hatred.
Instead, he noted the cross-burning prompted an anti-racism march.Right. Because that others were disgusted by Justin Rehberg's actions that they came together to publicly condemn the act, that should be a mitigating factor in the trial on hate charges. We can see how that could be argued to a jury:
We had earlier linked to news of a cross burning in
The perpetrators were arrested and taken into custody within days. They turned out to be brothers Nathan Neil Rehberg, 20, and Justin Chad Rehberg, 19, who are second cousins of Michelle Lyon.
After the Rehgerg's first court appearance, lyon posted this to a Facebook support group for the couple:
i am writing this to let everyone no how court was for me today, DISTURBING, i had to hear how my cousins PLOTTED and made this cross, and how they got it here. there plans were very detailed and well thot out over weeks. there mother and stepfather knew all about this planned attack, and didn't do much to stop it. (obviously cuz it happend) i was sickened to hear that the "N" word is freequently used by the two of them , and that they had a wooden stick they made they called their "N" beater. as to my knowlege they have both confessed to the attack. they both were denied bail for "now" until they can find someone to place assurity on them. they are now held till monday for court in
The brothers were subsequently released on $5000 bail to the custody of their grandparents and ordered to stay away from the Lyon-Howe family. They have been charged with criminal harassment, public incitement of hatred, mischief and uttering threats. Community response to the attack was immediate, with residents offering support and organizing an anti-racist Love Walk in the small community that was attended by 250 people.
Whether or not the brothers will own up to the viciousness of their actions, its impact on the victims, the black community in Nova Scotia and race relations in the province remains yet to be seen. The Rehbergs’ lawyer was quick to dismiss the hate crime charges as “overblown”, and friends and supporters of the brothers have gone online with some rather revolting rationalizing:
It must be said that there is no evidence supporting the accusations that were used to displace blame for the attack onto the victim himself. By all accounts, Michelle Lyon did not personally know the Rehberg brothers, and it goes without saying that anyone who can justify subjecting the couple’s mixed race children to racist terror and violence doesn’t give a shit about their safety or well-being.
The brothers are scheduled to enter pleas on April 19. Let’s hope they accept responsibility for their crimes and allow the victimized family at least a small measure of peace and justice.
