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AG, feds find racist statements directed at state rep do not rise to criminal act, civil rights violation
NH Young Democrats president, state Rep. Espitia says white supremacy should be taken seriously in NH
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Updated: 7:10 PM EDT Jul 20, 2021
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AG, feds find racist statements directed at state rep do not rise to criminal act, civil rights violation
NH Young Democrats president, state Rep. Espitia says white supremacy should be taken seriously in NH
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Updated: 7:10 PM EDT Jul 20, 2021
New Hampshire Attorney General John Formella said Tuesday his office, following a comprehensive review, found insufficient evidence to criminally charge or bring a civil rights action against a professed white supremacist group that directed racial epithets at a state representative of Hispanic descent.Formella said the U.S. Attorney’s Office reached the same conclusion.State Rep. Manny Espitia, D-Nashua, president of the New Hampshire Young Democrats, said he was disappointed in the findings but appreciated the efforts of the Attorney General’s Office and federal investigators.Espitia also told WMUR that a review of the matter by the Nashua Police Department is "ongoing.”Espitia was targeted in an attack in May after he posted on social media graffiti with white supremacist messages he saw along the Rail Trail in his home city. Those messages included "keep New England white," "defend New England" and "death to Israel."“For folks who think that we live in a ‘color blind society’ you’re absolutely wrong. This was done in my district and in (a) mostly Latino neighborhood,” Espitia wrote in a tweet that accompanied his photo of the graffiti.The group NSC-131 (Nationalist Social Club) responded to Espitia in a post on a platform known as Telegram:"Anyone with a name like 'Manny Espitia', State Rep or not, has no moral right to throw shade at any true (White) Nationalist New Hampshirite. You have no right to be here, you're an occupier here and the days of these types trampling on New England are coming to an end." New Hampshire House Democratic Leader Renny Cushing of Hampton immediately brought the incident to the attention of the Attorney General’s Office. Espitia said he went to the FBI and Nashua policeFormella wrote in a letter to Espitia that after a comprehensive review of the complaint:“Although the statement is offensive, upsetting and hateful, without evidence of a direct threat, the vague nature of the statement places it within the protection of the Free Speech clauses of the New Hampshire and United States Constitutions.”In a statement, Formella added: “The white nationalist statements directed at Representative Espitia are hateful, offensive and have no place in New Hampshire."While there is insufficient evidence to bring criminal charges or a civil rights action in this case, the Department of Justice takes these incidents very seriously. We will remain vigilant in our mission to ensure that appropriate actions are taken where the evidence and law allows." Formella wrote that, “after careful consideration, both the office of the Attorney General and the United States Attorney’s Office have concluded that there is insufficient evidence to prove that the poster intended the statements to be a direct threat in violation of” state statues.“That said, these statements are clearly offensive, hurtful and not representative of our State’s values,” Formella wrote. “If you become aware of any additional statement or activities on the part of this group or any other similar group, please do not hesitate to contact his office.”The full letter can be read here.Formella wrote that both the Public Integrity Unit and the Civil Rights Unit of his office reviewed whether the attack violated a state law addressing threats to government officials and the New Hampshire Civil Rights Act, which prohibits one person from interfering with the rights of another person “through actual or threatened physical violence, property damager or property trespass based upon race color, religion, national origin, ancestry, sexual orientation, gender, gender identity or disability.”Formella wrote that the office initially determined there was “reasonable suspicion” that further investigation would lead to “probable cause that a crime or Civil Rights Act violation was committed.”The attorney general wrote that an investigator was then assigned, but, based on her review, the office concluded the NSC-131 statement did not rise to criminal conduct because the state would not be able to prove beyond a reasonable doubt that the poster threatened bodily injury or harm against Espitia.Formella further wrote that to prove a Civil Rights Act violation, his office would have been required to prove the poster threatened force, intended to terrorize Espitia and that the threat “was motivated by animus toward a protected class.”“The Attorney General must prove all three elements by clear and convincing evidence,” Formella wrote.He wrote that the state and U.S. constitutions “provide broad protection for speech, including offensive speech and even hateful speech. The United States Supreme Court has recognized that similar language is entitled to protection under the Free Speech Clause of the First Amendment.”Espitia: "Disappointed but I understand"“I appreciate the Attorney General’s Office taking this very seriously. I’m disappointed but I understand,” Espitia told WMUR in a telephone interview. “But I think we need to make sure we take white supremacy seriously in the state of New Hampshire and continue to investigate it and hopefully punish anyone who is responsible for it.“I’m hoping I don’t have to send them anything else in the future,” Espitia said. “I’m hoping it ends here but we have to stay vigilant.”“I’m thankful and appreciate everyone’s support during this time for me and my family.”