“if Judge Berman is honest and dedicated to his profession he should reject the jury verdict on May 21, 2012 and must order a new Trial. As he himself admitted in the court that he can not fully comprehend Hate Crime Laws then how come ill-educated Jury can comprehend a law that a qualified and experienced Judge like him can’t comprehend?”
Number of intellectuals, philanthropists, defenders of freedom and civil right activists with greater eloquence and more original minds than I posses has spoken on these issues of Racial Equality and Equal Justice for All. Dharun was denied equal justice at no stage Tyler’s medical record, his school record, his suicide note, his relationship with his friends, relatives and his own parent was disclosed or discussed or published in any Media. Dharun was made a scapegoat for a variety of factors beyond his control and knowledge that might have led Tyler to take his own life. Tyler’s
family may own some responsibility for his decision to end his life by not providing him timely psychiatric help. The prosecution has ignored the various possibilities that may have traumatized Tyler as much or more. It was rather an Operation Cover Up by the Prosecution, Media, Law makers and Moral Police of New Jersey not to make any information public about Tyler’s past. This would have greatly helped the jury to come out of the cloud created by them that Dharun being anti-gay is responsible for Tyler’s suicide. If we compare Dharun’s case with current case of Trayvon Martin an African American teenager who was shot dead by a white security guard George Zimmerman; Martin’s entire past has been made public by the Media. Why the same standards were not used in the matters of Tyler’s suicide?
Within few hours of Tyler’s suicide it was Governor Christie who under racial bias set the ball in motion by pronouncing guilty verdict for Dharun out of the court system by saying "I don't know how those two folks (Ravi & Molly) are going to sleep at night, knowing that they contributed to driving that young man to that alternative(suicide).'' Steven Goldstein, chair of Garden State Equality, New Jersey’s largest gay rights organization called for Dharun’s prosecution for manslaughter under hate crimes. After that every politician across the aisle and gay activist followed Christie and Goldstein’s direction to demand Dharun be charged with hate crimes
against gay community and even murder. Celebrities were producing emotional videos, validating the narrative that Dharun is responsible for Tyler ’s suicide. Dharun was instantly anointed the poster boy for gay cyber-bullying. Facts were distorted, misreported and a misinformed public was given an incomplete and inaccurate narrative by the biased media for 11/2 years that he streamed live both sexual encounter of Tyler with his gay friend.
Prosecutor Kaplan understood it very well If he chose not to charge Dharun with hate crime, the lynch mob; NJ Politicians, Gay activist, moral police and Media would certainly turn against him. They may speak on his personal problems why there has been no trial for him despite orders by the Chief Justice since Feb. 2010 that he should be criminally charged for helping his buddy to cover up a murder. On Kaplan’s directions his investigators started putting together enough pieces to satisfy a confusing and vague NJ Hate Crime statue in a case that has no state or national precedent. They started linking each and every evidence between Dharun's webcam spying as an act of homophobia
and against gays to Tyler's death to give fodder to the media and a sense of victory to those who were demanding Dharun must be tried for hate crimes against gay community and Tyler’s suicide. Based on biased investigation Grand Jury indicted Dharun on 15 counts. When this news came in Attorney General Dow hailed Dharun’s indictment as a step to stem bigotry. She was joined by Steven Goldstein, chair of Garden State Equality who also praised the indictment as another step in the campaign against bullying and a day of justice”.
It has become a fashion with law makers not to read a Bill that they are signing into Law even if it concerns elementary school to undergrad students. The NJ Hate Crime statue and recently enacted Anti-Bullying Laws both are subject to constitutional challenges on the Grounds of Overbroad & Vague Statutory Language. Federal constitutional law provides that a regulation is unconstitutionally vague, and thus a violation of due process, if it does not give fair notice of the regulation's reach and requires a person to guess as to the contours of its proscriptions. A statute can be rendered void and unenforceable if it is too vague for the average citizen to
understand.
Hate Crime Law makes a nonviolent offense “invasion of privacy” susceptible to a hate crime enhancement, just like murder and assault are. Usually a bias charge is linked to an underlying crime involving violence, like murder, assault, or vehicular homicide. But that’s not the kind of crime Dharun is charged with. He was facing invasion of privacy charges, and the bias charge were linked to that by the biased prosecution under pressure from Politicians, Gay activist, Media and moral police. The poisoned and ill-educated Jury convicted Dharun that Tyler felt he was the victim of bias-motivated intimidation, despite the fact Tyler was not present to tell
them about his state of mind.
Even Judge Berman admitted that NJ Hate Crime Statue is "Muddled" as he pondered out loud how he would instruct the jury to apply it. "I've read the statute and read the statute more times than I can count," Berman said in open court in the absence of the jury. "I've studied it. The statute, to me, is muddled. If I had written it, I would have written it differently. But I didn't write it. The Legislature did." A statute that a qualified Judge can not fully comprehend how an ill-educated average Joe or Jury can
understand it especially when they have been poisoned by biased media reporting based on biased investigation by the state Prosecutor office.
If Judge Berman is honest to his profession and believe in the doctrine of Racial Equality and Equal Justice, he must reject the Jury verdict on May 21, 2012 to order a fresh trial. When he being a qualified and experienced Judge can not understand Hate crime Laws; how the ill-educated jury can understand them?
Tyler’s suicide is not a case of bullying and certainly this is not a hate crime. It is still a case of invasion of privacy in this age of face book and live video streaming of each and everything around us. How much privacy we can expect and how much invasion of privacy we can tolerate, that is the issue we would have to deal with for a better future. Let there be a National public debate on these issues to honor a lost young and brilliant life of a violinist Tyler Clementi rather than punishing Dharun Ravi under bias crimes.
Considering the above facts, I make a humble request to every person who believes in Equal Justice; to demand from the US Justice Department a thorough investigation into the role of County Prosecutor Bruce Kaplan and his team of investigators, Media, Law makers and moral police in Dharun’s prosecution. NJ Hate Crime Laws must be amended to make them acceptable according to Federal Constitution. The present trial must be declared a mistrial and Dharun Ravi deserves a fresh trial away from Middlesex County under the supervision of Federal Prosecutors.
