This is quite incomprehensible. Did he have the worst lawyers or what? There's got to have been some bungling somewhere.

The Queens District Attorney prosecuted the five men. I agree though, there is something wrong here

'...This is quite incomprehensible. Did he have the worst lawyers or what? There's got to have been some bungling somewhere...'

Huh?
It's not the lawyers..it's their job to be one-dimensional!

'..and the judge rendered mostly not guilty verdicts in other charges..'

What is ever striking are the Judges..!
and their motivations in their rulings..,

Love, Peace,

besides, this was a criminal case, so it was the procurator, that screwed up, besides, probably an autistic or insomnia-tic judge, who cares what the laywers scream, sometimes facts speak for themselfs, words are cheap, don't get fooled,
5 against one, fill in the blanks...,

Love, peace, passion!

Well...it seems it is injustice to Sikh guy. However I agree with defense argument

"the charges... are borne out of racial prejudice against him.... The charges against Mr. Cosentino were motivated solely by Mr. Khalsa's prejudice against Italians...."'

This country is most liberal , diverse and multi cultural society .Still some Looney media editors always wants to create racial divide and news out of nothing.

Stop It...

Jignesh

Jignesh, you agree with the defense that charges were brought "solely" because of the Sikh's hatred of Italians? I suppose the Queens DA hates Italians also if they were the ones who actually brought the charges (marek dariusz podsiadlo points out this was a criminal case). And I guess if the man were beaten by some other minority group, then he would hate them too, right?

I'm surprised that you think this story is a "racial divide" that "Looney media editors" "create[d]". Who created the divide in this instance, the five men who talked about a turban like a curtain, the defense attorney who brought up the Italian heritage of the defendant, or some idiots at Newsday?

I agree with Divya. How is this possible? Of course it was a hate crime. I guess the justice system is full of holes.

Hi Paul,
I agree, may be it is injustice to Sikh guy by reading "this version of story". However I am commenting on media prejudice. We know In this country, we see only one side of story when it comes to racial elements in it. Like black guy was severely beaten by white cops in new Orleans or Republican bennet comments about black baby. Media always try to make conclusion based on out of context comments.
Jignesh

"The defense also contended that their clients had no hateful intent during the incident"

"District Attorney Richard Brown expressed satisfaction at the verdict. 'Justice has been done and the defendants will now be held accountable for their actions,' Brown said".

"The men, who live in Long Island and Queens, were exonerated of the most serious charge of assault in the second degree as a hate crime but two were convicted of second-degree assault after the 5-week non-jury trial"

Why didn't the case go before a jury?

Ooops, sorry Marek. Lawyer-bashing is the easiest thing to do and I didn't realize, until you pointed out, that the defense was doing its job as it thought best. But still, the plaintiff's lawyers definitely screwed up, I think.

And what's with the judges?

AK - I think it must have been a jury trial, but don't really know.

Hi Divya - the last quote "The men who live in ..." taken from the Newsday article explicitly mentions a non-jury trial. A half reasonable jury from the locale would have sniffed out a hate-crime quite easily. What baffles me is this transpired in NY proper.

Hi Dave,

Where can we find out more about the details of the case? I'd be interested to read whatever I can. A cousin who lives in Queens has told me in the past that the judicial system there is often quite corrupt, and last year's indictments of Queens judges who took bribes in divorce cases seemed to prove her opinion right.

One would think a case this important would be assigned to a judge who is not known as being corrupt.

It makes no sense, if someone is beaten, for his attackers to get off because the one beaten escalated the confrontation. Suppose he did? Even so, who had the physical damage, and who was only one person while those who did the beating were several? What verbal confrontation justifies physical abuse? How can it be that they weren't punished? This seems very wrong, and I'd like to read the details of case. Any pointers you can give about to get more (accurate) information would be greatly appreciated.

Thanks and cheers, Heather

The current high tide of intolerence,bigotry, overt racism and arrogance does not bode well for the well being of USA. An under-current of deceit,connivance and arrogance must surely be also involved in the out-come of this gross unjust insult to the grave injury that Mr.Khalsa suffered.
My heart-felt empathy and shared pain with Mr. Khalsa and a moment of utter shame and embarrasment to all of us who are witnessing the crumbling of the supporting pillar of the US society....The Judicial System.

Dave, I am very pathetic about law and more so in case of foreign laws. But I believe there are hundreds of Indian associations out there and some of them are quite powerful lobbies. Can't we do something about it? At least raise our voice?
Thank you for sharing that story.

Jignesh,

1. Are you truly saying that you agree with the defence in that the guy you see in the picture above who was left for dead after being beaten "brought a case against Cosentino because he of his Italian heritage?" If so, why? Do you know Mr. Khalsa personally to know of his feelings about people of Italian heritage?
2. You say that "maybe injustice to Sikh guy," based on "this version of the story" Have you read other versions of the story that support your belief especially one noted in point 1 above? You also go on to say "This country is most liberal, diverse and multi cultural society. Still some Looney media editors always wants to create racial divide and news out of nothing." Do you truly see this kind of crime as "nothing?"
3. In your response to Paul you say that your comment was about media prejudice. It seems to me your comments me are to note your support of the defence position rather than as you say "on media prejudice" as you have gone out of your way to note that you agree with the "defence argument - 'the charges... are borne out of racial prejudice against him.... The charges against Mr. Cosentino were motivated solely by Mr. Khalsa's prejudice against Italians....'" How is this related to media prejudice?
4. You also say that "Media always try to make conclusion based on out of context comments." Please explain to me how what you are doing in your first comment is different from this?

-t.

'..And what's with the judges?..'

Good question..

Oh, wait, I forgot, the judges in your country do politics..

Facinating system..

Love, Passion!

Hello Dave and Everyone,

You did mention this was in New York, and the buying and selling of a judge is not out of the question. I have not followed the story but it is pretty appalling for five men to be aquitted of attacking one man. Is the judge of sound mind? ruth

Hello T,
Answer to your question
For Question 1
Well,It is quite obivious when Prosecutor tries to make racial discrimination a big issue defense will come up with this kind of argument may be It is not true.

For Question 2
Okay May be I am not aware of Other side of story,Do you know other side of story.Do you know what exactly Khalsa did on that day with Italian guys.Simple fact is we do not know.Even autor of this blog Dave does not know…He may be supporting sikh guy only because He is Indian(I Guess)..I mean only Judge must have heard both side of story and I do not want to make my judgement on judge’s ability.And I think that author of blog and other people who criticize this judge should get more information about this case before making judgement

For Question 3 and 4

Answering third and forth question,See I have problem with this kinda of negative media coverage.Mr.Dave or Mr. Chopra are not making any efforts to publish story of successful American Indian like Boby jindal, Deepak(Him self),Raj Bakhta,Sekhar Kappor,Manoj Night Shymlan,Dr.Sanjay Gupta and tones of Doctors and engineers…They want to project only few negative elements in US society..At the same time they are not taking in to account that Sikh Man with turban looks like Bin Laden for some people…Sometime out of ignorance also this kinda crimes happen. Imagine some of your relative died in 9/11 and then you meet some person who looks like Bin Laden what you do?
This kinda negative media coverage is happening about Iraq also. May be we will discuss about it in some other forum.

Jignesh

is it possible to appeal the case in a higher court and get justice ????

'..is it possible to appeal the case in a higher court and get justice ????
Posted by: preethi..'

Defacto?, after the damage is done?

No, you cannot 'get justice',

you can 'get even', like Bush, did, is doing,
you can get punitative damages,

But justice? only in Neverland,
or: your dreams!

subjectively,
and relativly,
though sincerly,

With love, Passion!

this is so sadly reminiscent of the Vincent Chin case from 1982. Vincent was murdered by 2 white men with a louisville slugger bat. the white men were pissed about the declining auto industry in detroit, blaming japan and japanese people. Vincent wasn't japanese. of the 2 white men, the judge said "these are not the kind of people you send to jail." the men plead guilty and were told to pay a fine of $3,000. they never spent a day in jail. they were also acquited of civil rights violations.