As Donald Freese allegedly beat a man on a Hooksett road last summer, he wasn’t motivated by the racial hate ingrained in the word witnesses heard him scream over and over, his lawyer argued yesterday in court. If Freese called Alhaji Kargbo, a black man, a “f—— n—–,” he was only reaching for a handy insult, his lawyer said. “If you are mad at somebody, if you are trying to insult someone, . . . you go for what you’ve got. Now had it been me sitting on that moped . . . the comment may have been ‘Hey, you’re fat and you’re old,’ ” Ted Barnes said. But Assistant County Attorney Wayne Coull, prosecuting the first racially motivated hate crime charged in Merrimack County, told the jury there was no mistaking what 21-year-old Freese meant.Wow.“The defense would like you to think there could be some other meaning to the word n—–,” he said. “Folks, you know what that word meant in the context of this assault. It means one thing. And it means just blind, stupid hate.” Barnes attempted to show the group at trial that Kargbo was the aggressor, saying he chased the car – occupied by Freese, Peno, Peno’s girlfriend and a 15-year-old juvenile – for more than a mile down Route 3A from where the first racial slur was allegedly yelled by someone in the vehicle. Barnes appeared ready to call both the juvenile and Peno’s girlfriend, Nicolette Nicolaides, to the stand yesterday. But neither showed up at the courthouse to testify. Kargbo, who spoke during the trial’s first day, testified that after he was first called a “n—–,” he drove down the road intending to ask the people why they had called him the name. He denied, though, that he planned to start a fight when he stopped at the red light in front of Market Basket or that he had kicked the vehicle and punched one of the men through the window, as Barnes suggested. But Coull said even if Kargbo had approached the men first, he didn’t deserve what came next. “Let’s just assume that what (Barnes) wants you to think is true,” Coull said. “With that assumption in mind, what you have is a situation where a 25-year-old black man has the audacity to ask a car full of white kids why they called him a f—— n—–.” According to Coull, Kargbo suffered serious injuries in the incident, including a burn on his leg when his moped fell on him. Kargbo testified he also had pain in his neck, where the men had hit him, and in his sides, where they had kicked him. The victim, who is originally from Sierra Leone and moved to the United States in 2004, came to court only to testify on the trial’s first day. He was offered the opportunity to watch the other witnesses speak but declined. Freese has been charged with being an accomplice to simple assault and criminal threatening. If a jury agrees the crimes were motivated by racism, he will face a harsher sentence. Peno, the other man charged in the incident, is scheduled for a trial in March.
SMH: Attorney In Hate-Crime Case Defends Client Calling A Black Man A “F*****g N****r”…It’s Just A ‘Handy Insult’
Posted on January 16th, 2013 - By Bossip Staff