Appeals court adds hate crime penalties
MADISON — A state appeals court Thursday reinstated hate crime enhancer penalties against two Janesville people and a Rock Springs man accused of using a racial slur against blacks during a 2006 disturbance in Janesville.
In reversing a decision by Rock County Judge James Daley, the Fourth District Court of Appeals concluded there was enough evidence to support the penalty enhancers against Anthony M. Welda, 19, and Victoria L. Trappe, 39, both of Janesville, and Timothy Wagner, 20, of Rock Springs.
Janesville police cited the three with disorderly conduct with the hate crime enhancers on suspicion that they used a racial slur against blacks at Trappe’s residence.
According to decision:
When police responded to a disturbance call, about 15 people were on Trappe’s yard at 4316 Woodcrest Drive. Trappe told the officers they needed to “get these n-----s off my property.”
An officer told Trappe to watch her language, but while returning to her porch she continued to yell the racial slur and said someone was going to end up “getting taken care of.”
Wagner told an officer that while at Trappe’s residence he was telling a friend how the “n-----s” in Beloit had damaged his truck. The officer told Wagner that was a word he should not use. Wagner replied that he uses the word throughout his conversation and that he will do so any time he likes.
Welda told the officer that he, Wagner and others had been talking about the “n-----s” in Beloit when two black children walked by. Two black males later confronted Welda and Wagner about their use of the racial slur. During the confrontation, Wagner retrieved a Confederate flag from his truck and waved it around the two black men.
The state appealed Daley’s dismissal of the hate crime enhancers, arguing that the defendants’ conduct met the statute’s requirement that the alleged victims were selected because of their race.
The appeals court agreed.
Assistant public defender Walter Isaacson, attorney for Welda, said he would consider appealing to the state Supreme Court.
The hate crime penalty enhancer boosts the maximum jail time for disorderly conduct from 90 days to one year and the maximum fine from $1,000 to $10,000.
The disorderly conduct cases, delayed by the appeal, still are pending in Rock County Court.
Jul 28, 2008 at 11:47 a.m.
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Hate crime laws will never do anything to reduce racism based crimes; it will only teach such would-be criminals from avoiding racial slurs while they commit crimes, because otherwise nobody could ever prove that the crime was racially motivated. And right now hate crime penalties are only in addition to physical crimes, but sooner or later hate crimes will be punishible all by themselves. I really don't think people think through the full consequences of this. It's been awhile since I read it, but 1984 comes to mind.
Jul 26, 2008 at 10:03 p.m.
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i dont think the way blacks use the word is quite the same as how this dude was using it.
Jul 26, 2008 at 9:25 p.m.
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send them to prison, hate crime is a hate crime. but i do agree not many minorities our sent to prison for hate crimes against caucations. because they know they can get away with, what is wrong with our society,anytime anything happens especially with minorities, they always pull up that race card. absolutely pitiful.
Jul 26, 2008 at 3:04 p.m.
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When it is glaring that a crime goes beyond simple violence and spills over into hatred for a group, a hate crime law is appropriate.
This will help fight racism just as anti-decrimination laws and anti-segragation laws fight racism.
Jul 25, 2008 at 7:27 p.m.
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A TIME TO KILL that is what I think of when I read this story... Does anybody remember that movie, with Samuel L Jackson...
Or better yet where is the good ole boy Jessie Jackson when you need him?
Jul 25, 2008 at 1:11 p.m.
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Hate crime legislation is nothing more than thought police. It should be banished. Punish based on your actions. We already have perfectly good laws for physical attacks, and even verbal attacks. You think the n-word should be illegal? Fine, then charge them with using profanity in public like they would be if they screamed the f-word or others at those kids. But snarly is right, blacks use the n-word just as much so you would have to charge everyone who uses profanity (which I wish we did). Its like the illegal immigration issue; we already have the laws in place, just enforce them.
I take hate crime laws a little personally, because I know it will only be a matter of time before I'm added to the list for my belief in the Bible. It's already happening in other countries that are ahead of us in these laws.
Jul 25, 2008 at 12:47 p.m.
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All crimes are hate crimes. Hate crimes legislation was created to throw minority groups a bone.
Jul 25, 2008 at 12:21 p.m.
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Opinionsforfree
Judging by the numbers of blacks in prison compaired to the population, I would say your comment is unjustified.
Jul 25, 2008 at 12:10 p.m.
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Ok for blacks to do anything they wish without having or taking and responabilty, Whites reprimanded for anything that offends blacks. Seems fair to me
Jul 25, 2008 at 11:44 a.m.
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send both groups to jail,In todays world you her the N-word alot when you get a group of afican americans together, and then you will here the n-word by the white trash being used they call each other the n-word why who know's. the cracker word is just as bad, send both groups to jail, or put all of them in a group program to learn how to get along.educate them or throw away the key's of the jail cell.
Jul 25, 2008 at 11:26 a.m.
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Daly dismisses this charge only when used by white he charged a while back 2 individuals who use remarks against honky crackers . I am glad this was reversed and the people involved get the max!! To use it front of young children is totaly wrong and Daly should have dealt with it instead of his typical when it comes to this type of BS in Rock Co.......More so in JANESVILLE, A hate crime is a hate crime when the bases for the charge are the N word or honky cracker whatever you use the hate then be charged for it. Why do we have laws like this and then a judge DA whoever dismisses it.?
Jul 25, 2008 at 10:36 a.m.
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Fashion tip: The Confederate flag makes any racially-charged confrontation that much classier.
Jul 25, 2008 at 9:50 a.m.
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I get the feeling Anthony M. Welda, Victoria L. Trappe, and Timothy Wagner will not be voting for Obama.
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