White Supremacist Faces Murder Charges
SMERCONISH: One last thing. Earlier this week, a 73-year-old white supremacist was charged with capital murder and one count of premeditated murder in the first degree for having shot and killed three individuals, including a 14-year-old, outside of two Jewish centers in suburban Kansas City. This was the day before Passover. For years, the shooter was known to have shot off his mouth with anti- Semitism and racism. Unfortunately, last Sunday, he took action on his hatred. And now, local, state, and federal prosecutors are saying that they will pursue federal hate crime charges, as well. And for sure, if there were ever a textbook case for a hate crime, this would be it. The Southern Poverty Law Center said that this guy was a founder and grand dragon of the North Carolina KKK, and from the backseat of a police car, after being apprehended, he declared "Heil Hitler." In general terms, regarding something as a hate crime means that prosecutors believe the perpetrator was motivated to hurt or intimidate someone because of animus for their race, their ethnicity, national origin, religious background, sexual orientation or disability. And if convicted in a state such as Kansas, a person then could face additional punishment for the underlying crime. Last Sunday's shooter apparently believed that he was shooting at people who were Jewish when, in fact, he killed three non-Jews. No matter it would still be regarded as a hate crime. Now please don't misunderstand what I'm about to say. I have zero sympathy for this guy if convicted. I have long believed in the death penalty and a person who plans and carries out a killing like this, in my view, shouldn't survive. But I'm increasingly uncomfortable with the concept of a hate crime, especially where the number of groups protected is growing. I understand the deterrent intent, and I get that hate crimes are recognized so as to provide some of those most vulnerable among us with added protection under the law. But I worry that the expansion of hate crimes sends a signal that some victims' lives are valued more than others. Michael McGough captured some of my thinking in the "L.A. Times" this week when he wrote, "Some laws define hate crimes to include attacks inspired not only by racial or religious bias, but also by antipathy to veterans, disabled people, sexual minorities and the elderly." As the list of protected groups gets longer and longer, the law may be approaching a situation in which every crime is a hate crime. And I would add to that, that in addition to raising questions about where hate crimes are providing equal protection under the law, we need to consider that at some level all acts of violence, unless maybe in the heat of the moment, involves some manifestation of hatred, and they should be punished severely without regard to a particular defendant's motivation. Thank you so much for watching. I'll see you back here next Saturday. Have a great weekend.