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No charges filed after noose investigation
By: Angie Favot
Issue date: 7/30/08 Section: News
Isabella County Prosecutor Larry Burdick has decided not to press charges of ethnic intimidation relative to the hanging of four nooses in a Central Michigan University classroom last November.
A 28-year-old male engineering student was thoroughly questioned and a formal investigation was conducted to determine whether the act was racially-motivated.
The decision was made by Burdick after receiving results from a forensic examination detailing the contents of the computer owned by the student.
"I am confident of the work performed by the CMU police, in conjunction with the FBI. The facts determined due to the joint investigation does not support a charge of ethnic intimidation, and the intent needed for that crime cannot be proven," Burdick said in a press release.
The charge of ethnic intimidation is detailed in section 750.147b of the Michigan Penal Code. To be guilty, a person must have specific malicious intent.
The Central Michigan Police Department was called to the Industrial Educational Technology Building Nov. 12, 2007 when the nooses were found. They were formed with flexible compressed gas lines hooked up to the countertop under where the nooses were hung.
During the course of the investigation, police contacted more than 70 students enrolled in classes held in the computer lab.
An anonymous e-mail was sent to Engineering and Technology Chair David Pape during the investigation. It included a confession. In the e-mail, the sender stated it was a joke with no racial motivation and apologized.
After the e-mail was sent, police secured a search warrant and obtained the sender's information.
At around 1:30 p.m. that day another e-mail was sent to Central Michigan Life again detailing the incident, with mention that the intent symbolized the student would rather be hanged than work on his class project, and made plans to come forward with his identity.
"The student's e-mail to the campus newspaper was, in my opinion, both insensitive and demonstrative of a complete lack of knowledge and understanding about the historical significance of the hanging of nooses," Burdick said. "His explanation, however, as to the reason he constructed and hung four nooses last November was corroborated by two of his classmates, which I found to be very credible and forthright concerning the incident."
A 28-year-old male engineering student was thoroughly questioned and a formal investigation was conducted to determine whether the act was racially-motivated.
The decision was made by Burdick after receiving results from a forensic examination detailing the contents of the computer owned by the student.
"I am confident of the work performed by the CMU police, in conjunction with the FBI. The facts determined due to the joint investigation does not support a charge of ethnic intimidation, and the intent needed for that crime cannot be proven," Burdick said in a press release.
The charge of ethnic intimidation is detailed in section 750.147b of the Michigan Penal Code. To be guilty, a person must have specific malicious intent.
The Central Michigan Police Department was called to the Industrial Educational Technology Building Nov. 12, 2007 when the nooses were found. They were formed with flexible compressed gas lines hooked up to the countertop under where the nooses were hung.
During the course of the investigation, police contacted more than 70 students enrolled in classes held in the computer lab.
An anonymous e-mail was sent to Engineering and Technology Chair David Pape during the investigation. It included a confession. In the e-mail, the sender stated it was a joke with no racial motivation and apologized.
After the e-mail was sent, police secured a search warrant and obtained the sender's information.
At around 1:30 p.m. that day another e-mail was sent to Central Michigan Life again detailing the incident, with mention that the intent symbolized the student would rather be hanged than work on his class project, and made plans to come forward with his identity.
"The student's e-mail to the campus newspaper was, in my opinion, both insensitive and demonstrative of a complete lack of knowledge and understanding about the historical significance of the hanging of nooses," Burdick said. "His explanation, however, as to the reason he constructed and hung four nooses last November was corroborated by two of his classmates, which I found to be very credible and forthright concerning the incident."
Viewing Comments 1 - 5 of 13
Ranting Republican
posted 7/30/08 @ 1:04 AM EST
As I predicted, Burdick couldn't prove that there was an intent of a threat of force. Prosecuting the student would've been a poor decision. I'm not defending the judgment of the student, but I agree with Burdick 100% here. (Continued…)
kdadnick
posted 7/30/08 @ 8:00 AM EST
With the investigation complete, the correct decision was obviously made, thankfully. Because we still seem to be a country that is racially charged, there is always the assumption that race is behind every comment, action, etc. (Continued…)
Cool headed liberal
posted 7/30/08 @ 8:16 AM EST
I have to agree with both Burdick and Ranting Republican. When acts that are merely offensive are criminalized, all of our civil liberties are imperiled. (Continued…)
Thom
posted 7/30/08 @ 8:53 PM EST
Still, they seem to have no compunction releasing his gender, his age, heck, even his major, but for some reason his race is "eye's only" information. (Continued…)
Just the facts
posted 8/13/08 @ 10:28 AM EST
If anyone wants to know the name of the person, just FOIA the FBI, police and prosecutor. They aren't bound by student privacy laws.
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