What's at stake?
District Attorney Lisa Smittcamp’s office acknowledged Francisco Samaniego made derogatory comments about Palestine and Palestinian people, but also said it’s protected speech under the 1st Amendment.
Fresno County prosecutors on Thursday filed criminal charges against the man arrested after last month’s Tower District Porchfest violence, but declined to seek hate crime charges despite acknowledging the incident was racially-fueled.
Francisco Samaniego faced a felony robbery charge and three misdemeanor counts of battery at his arraignment May 16 in Fresno County Superior Court.
But despite making statements prosecutors called “despicable,” the 49-year-old Fresno man won’t face hate crime charges in connection with the Porchfest violence.
“The derogatory statements that were allegedly made by Samaniego referring to Palestine and Palestinian people, while despicable, are protected by the 1st Amendment of the Constitution of the United States of America and are insufficient evidence to prosecute a crime under Penal Code §422.6,” District Attorney Lisa Smittcamp’s Office said in a lengthy statement late Thursday.
Lori Garcia, with Fresno’s Palestine Liberation Group, acknowledged the suspect’s right to freedom of speech, but questioned whether the victim’s rights were considered as carefully.
“Though the assailant’s statements were despicable, he does have a right to protected freedom of speech- but what about victim one, the Muslim woman wearing a hijab? Where is her right to safety in wearing religious and cultural articles of clothing?” Garcia said in a statement. “Of all the 280 participants at Porchfest, the victim was singled out for being an Arab Muslim. She was selected because of her hijab, keffiyeh, and the Palestinian flag. How is that not a hate crime?”
Prosecutors also said the suspect’s statements about Hamas were constitutionally protected.
“The statement(s) regarding Hamas do not meet the requirements of a hate crime, as terrorist organizations are not a protected class under the statute,” prosecutors continued.
“When I read this statement on the local news, I was horrified,” Garcia responded. “I was shocked to even see the word Hamas in the article. It’s a thinly veiled message to the public that Arab, or Muslim is synonymous with Hamas. Palestinians and Arabs do NOT equate with Hamas, but the verbiage in the media sends an underlying message that they are one and the same, and clearly they are NOT.”
An arraignment hearing on Friday was postponed for one week, according to court records. Samaniego’s attorney could not immediately be reached for comment Friday.
Fresno City Council President Annalisa Perea, who represents part of the Tower District, called the decision by prosecutors “disappointing.”
“Today is indeed a disappointing day for Fresno. Learning that hate crime charges will be dropped in this case is disheartening. The Fresno Police Department’s decision to submit those charges underscores the gravity of the situation, and I stand with the victims in their pursuit of justice,” Perea said in a statement. “This decision is a missed opportunity to send a strong message to our community that racism and hate will not be tolerated in our city.”
Social media video depicting part of the April 27 incident showed the man prosecutors identified as Samaniego kicking at a woman and exchanging punches before several people got involved. Samaniego was arrested a short time later on suspicion of robbery, battery and a hate crime, Fresno police said following the arrest.
Victims told police Samaniego appeared drunk when he approached their booth at Hedges and Echo avenues around 4 p.m. and “began an argument over their support of Palestine.”
“Samaniego was very vocal,” prosecutors said, “and during the confrontation he assaulted three women and took a cellphone, later throwing it on the ground, rendering it unusable.”
Police said the victim’s injuries did not require immediate medical treatment.
Samaniego was booked into the Fresno County jail on suspicion of robbery, battery, vandalism and a hate crime.
But Fresno prosecutors called the hateful statements protected speech.
“Prosecution for a hate crime requires that the suspect acted because of another person’s disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person/group having one or more of these characteristics,” prosecutors said. “Hamas does not fit into any of these designations.”
Garcia responded, saying “Hamas is not the issue.”
“The issue is that a visibly Arab Muslim woman was traumatized by the attack.” Garcia said. “This incident demonstrates to the Fresno Arab/Muslim community that they are not safe in the City of Fresno.
“Many fear going out into the community on a day-to-day basis wearing a keffiyeh or hijab. CAIR has had an 216% increase in requests for help this past year,” Garcia continued. “This local assault will further increase fears that Fresno is a dangerous place for Arab Muslims. It’s post-9/11 Islamophobia all over again.”
“After carefully reviewing the investigative reports and witness statements, the Fresno County District Attorney’s Office has reached the legal conclusion that the prosecution cannot prove beyond a reasonable doubt that Mr. Samaniego committed a hate crime,” prosecutors continued.
“Victim one was wearing a keffiyeh and a hijab. She didn’t seek him. Of the thousands of participants at Porchfest, the assailant chose her,” Garcia responded. “Through her religious and cultural articles, it was obvious that she was Muslim.”
Layli Shirani, a senior civil rights attorney at the Council on American-Islamic Relations, Sacramento Valley/Central California, was also highly critical of the decision.
“With this announcement, the Fresno District Attorney has elevated bothsides-ism to a rarefied art form. We at CAIR-SV/CC have statements from the women assaulted by Mr. Samaniego, affirming that he perceived all of them as Muslim and/or Palestinian,” Shirani said in the statement. :In addition, we have Mr. Samaniego, in his own words (which are protected by the First Amendment) telling us why he is committing battery against a Muslim woman and women he perceived as Palestinian or Muslim.
“It is precisely this pairing of speech with action that converts an otherwise protected activity to a hate crime. None of the women mentioned Hamas or were there as supporters of Hamas,” the statement continued. “Yet, the DA pointedly ignores Mr. Samaniego’s hate speech about Palestinians and Muslims, and instead cites Mr. Samaniego’s alleged distaste for Hamas – and Hamas’s designation as a terror organization – as a reason not to charge Mr. Samaniego with hate crimes.
“At worst, this reasoning suggests that the DA sees Palestinian identity and support for Hamas as one and the same. At best, this is pure legal gymnastics, and it does not stick the landing.”
