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7th Circuit affirms cross burner's convictions

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The 7th Circuit Court of Appeals found sufficient evidence to uphold a Muncie man's convictions stemming from his burning of a cross in front of the home of a family with biracial children.

Kyle Milbourn was sentenced to 121 months in prison for convictions of interfering with housing rights of another person, intimidation, using fire to commit a felony, and witness tampering. Milbourn and Kyle Shroyer decided after an evening of drinking to build and burn a cross in the front yard of Paula Tracy and Phillip Thrash's home in March 2006. Paula's three children from a previous relationship, who are biracial, lived there along with their African-American grandfather. Shroyer was dating Tracy's half-sister at the time, whom he later married. The two even took pictures of the burning and told others what they had done.

In United States of America v. Kyle Milbourn, No. 08-2525, Milbourn appealed because he claimed there was insufficient evidence to support the finding he was motivated by the racial makeup of the people who lived in the home and that the cross was burned to intimidate or interfere with their right to live there.

In addition to the photographs and statements made by Milbourn, the jury could have deduced he knew biracial children lived there because Shroyer was dating Tracy's half-sister, wrote Judge Terence Evans. Also, several witnesses said they heard Milbourn make racist comments about blacks and that he said it would be cool to join the Ku Klux Klan.

"And the frosting on the cake was that he picked, of all things, a cross to burn," he wrote. "And not just any cross, but one he and Shroyer constructed, crudely to be sure, in a shed near the trailer where they had been drinking and dancing."

The government presented evidence of the family's feelings of fear and anger after the cross burning and that they sought counseling for their oldest child, who had witnessed the event. The family even moved out of the home because of the incident.

The Circuit judges also found the prosecutor's comments during closing arguments on how Milbourn aspired to join the KKK didn't result in prosecutorial misconduct. A witness had testified that Milbourn had said he thought about joining the KKK.

Milbourn also waived his argument that the District judge should have disregarded the statutorily required mandatory minimum 10-year-sentence for the use of fire in commission of a felony.

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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