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A graduate student from UNC-Chapel Hill who shed blood and ink on Confederate statue Silent Sam was convicted on Monday by an Orange County judge.
But Maya Little, who damaged the statue on April 30, will not be punished, said District Court Judge Samantha Cabe.
Little's lawyer, Scott Holmes, argued that Silent Sam, who had held the pedestal on campus for 105 years before protesters overturned the statue in August, is a form of "hate speech." Holmes asserted that Little's actions fall under the law of necessity. which means that his actions have benefited the greater good.
"The facts will show that what is considered a monument to Confederation at the door of the UNC-Chapel Hill is a hate speech by the government that violates the Constitution," Holmes said in his speech. ;opening.
In the meantime, prosecutors' testimony included the testimony of two UNC police officers. The video footage of Lieutenant Jeffery Mosher's body camera shows Little pouring paint on Silent Sam. In the video, Little says that she wiped ink and blood on the statue.
Before making his decision, Cabe said that law enforcement's need "complicates things."
"This makes law enforcement appear to be black and white, very gray," Cabe said.
The doctrine of necessity is a well-recognized defense against the charges of civil disobedience, she said.
Cabe stated that the case law that was provided to him indicated that the need for the defense to enforce the defendant's action "would help put an end to the clear and immediate threat of harm".
This case does not concern the removal of the statue, said Cabe, but throwing the painting as admitted by Little and proven by the state.
"I must find that she is guilty of the charge, however, I continue to judge," she said.
The second part of his comment basically means that Little will not be punished for the crime and his criminal record will reflect a "prayer for judgment" in the case.
Doctor, 26, a history student, defended her own defense on Monday.
Few students and former UNC professors who study African-American history have testified to the fact that Silent Sam was built on violence against blacks and perpetuated the ideals of Confederation.
Chapel Hill Mayor Pam Hemminger and Police Chief Chris Blue also testified that the law created a public safety problem for the campus and the city, and called for its removal.
Little and other students described the actions they took to try to shoot the Confederate memorial or place a plaque to add context.
"When a statue of white supremacy is protected by law, it is illegal to claim one's dignity," said Little. "When a university spends nearly $ 400,000 to silence and disguise its offspring, showing the truth is punished."
Deputy District Attorney Billy Massengale said he hoped the law would not be overridden and that some of the blame for Silent Sam's dedication "was one of the most difficult things I've ever had. 39 "I had to read", but the purpose of the trial is not judge little as a person or UNC.
However, he added, she was not "legally justified in imposing her views on the people," and she admitted to taking the steps that led to the charge.
"The purpose of the laws is to make all of us equal," Massengale said. "There is a law for everyone in the state."
Little, who is also facing charges before the Court of Honor at UNC, is scheduled to appear in court on October 25 and 26, she said.
Holmes had issued subpoenas to Chancellor Carol Folt of UNC-Chapel Hill and Chief of Police Jeff McCracken. But Cabe faced Monday at the North Carolina Attorney General's office, which argued that Folt and McCracken had not received adequate notice to appear in court this week. Cabe also said that other witnesses could provide the information sought by Little's defense.
Josh Plates, head of outdoor maintenance at UNC, said it had taken two hours on April 30, then two extra days, to nine people in total for them to use power tools and wire brushes to remove ink and blood. It cost about $ 4,048, Plates said.
Little supporters rallied outside the Orange County Courthouse early Monday morning before work began. They have placards saying "Free food for anti-racists" and "Revolution is a breakfast party!
Before going to court, Ms. Little had stated that her supporters were present because of the failure of institutions, including the UNC-Chapel Hill.
"They have not managed to stop white supremacy," said Little. "They have not managed to remove it from campus and now they are punishing the people who fought it."
In interviews with the media, Little explained why, on April 30, she vandalized the controversial monument that protesters had rocked four months later. His actions were shared via Facebook Live.
"I went to Sam silent. I poured my blood and my red ink on the statue, "said Little at News & Observe last spring. "Without the context on which it was built, namely violence against blacks, it is not a historical object. He misses his story. It's cleansed.
UNC officials are now trying to decide on the next step for Silent Sam. A 2015 state law bans the removal of monuments from public property without the approval of the state's historic commission .
Holmes, a professor of law at the Central University and owner of the school's civil litigation clinic, represents people accused of social movements for free in his private practice.
His clients include people accused of spilling the statue of Durham in 2017 and people indicted in the Silent Sam case.
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