Today, March 21, was originally scheduled to begin the trial of David Joseph Lenio, the man who was charged with the crime of ‘intimidation’ in Montana. (Section 45-5-203(1), MCA.) Prosecutors alleged that Lenio threatened to kill Jews and shoot up a school.
The case had initially garnered international attention primarily because of a second charge, “criminal defamation” of Jews.
As we reported last year, on September 15, 2015, Flathead County, Montana District Judge Heidi J. Ulbricht tossed out the charge of criminal defamation against Lenio, ruling that the statute (Montana Section 45-8-212 MCA) was overbroad and unconstitutional. Montana prosecutor Stacy Boman had been rigorously seeking Lenio’s conviction. The charge of intimidation against Lenio, however, had not been thrown out. [You can read all about the original charges and see all Lenio’s tweets on our June 8, 2015 article here: Meet David Joseph Lenio, 9/11 Truther/Holocaust Denier being Prosecuted in Montana for ‘Criminal Defamation’ of Jews.]
In her ruling, Judge Ulbricht wrote, in part, “criminal defamation laws have fallen generally into disfavor among jurists over the last 50 years… In 1964, the United States Supreme Court limited the state’s power to impose sanctions for criticism of public officials in criminal and civil cases and held that proof of actual malice was required in convictions under statures criminalizing defamation. Garrison v. Louisiana, 1964. Two years later, the Court held that the common crime of libel was unconstitutional Ashton v. Kentucky, (1966.) In the past decade, Washington, Kansas, Georgia, and Colorado repealed their criminal defamation/libel statutes. Although Minnesota (the source of Montana’s statute), Mississippi, Nevada, New Mexico, and South Carolina, still have criminal defamation or libel statutes on the books, they all have been adjudicated either partically or wholly unconstitutional. Montana is one of the minority of states that still have an active criminal defamation statute… …The statute cannot be saved through statutory surgery, The Court also will not engage in balancing the value of speech against the State’s interest.. The United States Supreme Court has rejected as “startling and dangerous” a “free-floating test for First Amendment coverage…”
So Lenio only had one charge remaining, that of ‘intimidation.’ for the alleged online threats which he posted to twitter last year. Even some Jewish defense attorneys and commentators had surprisingly opined that the charge was overbroad and unjust, and was a violation of free speech. [See Heroic Judge Tosses Out “Criminal Defamation of Jews” Charge In Montana12/26/15.]
The one remaining charge was deferred this week when Lenio’s attorney and the prosecutor struck a deal, agreeing that if Lenio stayed out of trouble for two years the case would be dropped.
The original affidavit filed by the Montana prosecutor included the following tweets as evidence of Lenio’s alleged crime:
- Feb 12 2015: “Even animals without money get land to live on, hunt & forage; but Americans without dollars must be homeless? I want to shoot up a school”
- Feb 12 2015: “Talk mental health all you want but if I must work for piss poor #homeless slave #wages & can’t get property in my homeland .. ! may kill kids11
- Feb 12 2015: “USA needs a Hitler to rise to power and fix our #economy and i’m about ready to give my life to the cause or just shoot a bunch of #kikes … “
- Feb 12 2015: “If I had to pick between being homeless or shooting up a school and becoming dead. I’d say shooting up the school •.. social security my ass”
- Feb 12 2015: “I bet I could get at least 12 unarmed sitting ducks if I decide to go on a killing spree in a #school Sounds better than being a wage slave”
- Feb 12 2015: “What do you think costs more in most U.S. cities? A gun with enough ammo to kill 100 school kids or the security deposit on an apartment?”
- Feb 12, 2015: “What would I rather do? Be a #wage slave for the rest of my life or tell society f— you & do your kids a favor by shooting up a #school?”
- Feb 13, 2015: ”I think every jew on the planet deserves to be killed for what kikes have done to our #dollar and cost of living Killing jews > wage #slave”
- Feb 13, 2015: “Best way to counter the harm #jewish #politics is causing is #ChapelHillShooting styling killing of #jews til they get the hint & leave”
- Feb 13, 2015: “Seriously working 4 poverty wages that cant even afford housing, food & keeping a running vehicle makes me want to shoot up a school or jews”
- Feb 13, 2015: “I’m a wage slave to ink and paper dollars we print to bailout jewish mega banks as kikes go on bout #WhitePrivilege & I’m not suppose to kill?”
- Feb 13, 2015: “I can’t even afford #land or camp/live in my #homeland so why the hell shouldn’t I shoot up a synagogue for what jews did to US?
- Feb 14 2015: “I’m not even opposed to shooting up a random school like that sandy hoax stunt only realer, to voice my displeasure with being a wage slave”
- Feb 14 2015: 11 I bet I’d take out at least a whole #classroom & score 30+ if I put my mind to it #Poverty is making me want to kill folks #MentalHealth?”
- Feb 14 2015: 11 If I can’t even afford habitat to live on, why the f–k shouldn’t I shoot up a #school and #teach the world something about •mental health’?”
- Feb 14 2015: “This working and not having a g-d d-mn thing to show for it bullsh-t makes me wanna execute grade #school #kids til the cops take me out too”
- Feb 14 2015: 11 But I’ve given up on my #American #dreams and replaced them with more realistic violent fantasies •.. #Freedom? #ChapelHillShooting #USSA”
- Feb 14, 2015: “#Copenhagen It’s important to note that jews hate free speech & are known bullsh-ters, could be #falseFlag So Hope for many REAL dead kikes”
- Feb 14, 2015: “Now that the holocaust has been proven to be a lie Beyond a reasonable doubt, it is now time to hunt the Nazi hunters.”
- Feb 15 2015: “If my tax dollars can go to blowing up Palestine #school kids then surely I can tweet about how cool killing school kids is”
The Missoulian reports
“David Joseph Lenio, who allegedly threatened on social media to kill local schoolchildren and Jewish leaders, will not face charges related to the threats if he steers clear of trouble for the next two years.His public defender, Brent Getty, filed a deferred prosecution agreement Friday that would lead to a felony charge of intimidation being dropped if Lenio breaks no laws in that time. Flathead County Attorney Ed Corrigan signed off on the agreement.”
The Southern Poverty Law Center’s ‘Hatewatch’ website was in a full tizzy over the lack of prosecution. They opined:
“Jonathan Hutson, an anti-gun violence advocate who helped put together the case against David Joseph Lenio, said he believes the “slap-on-the-wrist” outcome is evidence of “white privilege” shown a defendant who comes from a wealthy family, whose father is a powerful investment banker and community leader in Michigan.”
“…Without offering a public explanation, Flathead County Attorney Ed Corrigan just days ago signed off on a deferred prosecution agreement that will see the charge against Lenio dismissed in two years if he breaks no laws. The only requirement of the agreement is that Lenio must keep his attorney informed of his address.
…”The State of Montana is rearming a man who threatened to massacre school kids and religious leaders,†Hutson, the former spokesman for the Brady Campaign to Prevent Gun Violence, told Hatewatch. “County Prosecutor Ed Corrigan is handing Lenio his guns back and voters should hold him accountable for his preferential treatment of Lenio.”
It was Hutson who early last year intercepted several of Lenio’s Tweets that contained anti-Semitic and Holocaust-denying comments, along with threats to kill school children. Worried that he may be seeing precursors to another school mass-shooting, Hutson documented the contents of the Tweets and notified the FBI and state law enforcement officials. The suspect’s whereabouts eventually were traced to Kalspell.
Hutson said the deal was struck without consulting members of Montana’s Jewish community and a human rights group that had publicly expressed concern that Lenio’s case would not eventually be presented to a jury to decide the question of guilt or innocence.”
Wow… this guy is WAY off the reservation.
“Feb 13, 2015: “Best way to counter the harm #jewish #politics is causing is #ChapelHillShooting styling killing of #jews til they get the hint & leave”
O.K., THAT I can understand. But THIS…?
“Feb 12 2015: “What do you think costs more in most U.S. cities? A gun with enough ammo to kill 100 school kids or the security deposit on an apartment?”
This freak has some SERIOUS mental issues.
Agreed, #1. If all true, this fella is the poster boy for all the joo mouthpieces that are latching on to it to promote their false image of “freedom of speech” proponents and how dangerous someone could be if they were anti-semitic(read false Jew) and “allowed” firearms.
Both ways they look like real mensches.