Combating hate crime

By CHRISTIE WOOD and DON ROBINSON

In the past year, the Coeur d'Alene Police Department has investigated high-profile cases involving hate crime. The local office of the Federal Bureau of Investigation has been a steadfast partner in these investigations and ongoing work toward convicting the parties involved.

In 2009, eight cases of hate crime were reported to the CDAPD, up from two cases reported in 2008. Also noteworthy is the severity of the hate crimes reported in 2009. Some of the cases involved serious acts of violence.

Under the leadership of Coeur d'Alene Police Chief Wayne Longo, the department is committed to the vigorous investigation of hate crimes.

The legal definition of malicious harassment (i.e., hate crime) under Idaho Code 18-7902 is: It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, or national origin, to:

(a) Cause physical injury to another person; or

(b) Damage, destroy, or deface any real or personal property of another person; or

(c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur.

For purposes of this section, "deface" shall include, but not be limited to, cross-burnings or the placing of any word or symbol commonly associated with racial, religious or ethnic terrorism on the property of another person without his or her permission. (Idaho Code title 18, Chapter 79)

The FBI lists civil rights violations as their highest criminal priority. Federal statutes fall under Title 18 and include conspiracy against rights, interference with federally protected activities, damage to religious property, obstruction in free exercise of religious beliefs, and the Matthew Shepard Act (H.R. 1592) which establishes sexual orientation, gender, gender identity, and disability as protected classes.

Crimes that occur when crossing a state line do not automatically determine FBI involvement. Federal statutes require the following to occur before the FBI actively investigates the crime: (1) the use of force or threat of force; (2) the victim has to be targeted by definition (including race, color, religion, or natural origin); (3) in the instance of housing cases (section 3631), disability, gender or familial status; and (4) additional motive to injure, intimidate, or interfere with some specific protected activity or right.

The benefit of prosecution under federal statutes is harsher sentencing. If the crime does not occur in conjunction with the federally protected activity, it will be investigated by local authorities.

The CDAPD and surrounding agencies enjoy an excellent climate of cooperation. We are able to work easily within our cross jurisdictions.

Chief Longo refers to our working relationship as a "blurring of the patch." Local police, federal agents, and federal and county prosecutors work extremely well together in combating hate crime. Citizens are strongly encouraged to report hate crime by calling the CDAPD at 769-2320 or the local FBI at 664-5128.

Sgt. Christie Wood is with the Coeur d'Alene Police Department and Supervisory Special Agent Don Robinson is with the FBI.