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CM Townsend
Citizen
Username: Cm_townsend
Post Number: 115
Registered: 2-2005
| | Posted on Wednesday, January 4, 2006 - 4:00 pm: |     |
Baby Jesus, always in their hearts, back in their arms Church and families are reunited with statues stolen from crèches
Wednesday, January 04, 2006
BY TOM HAYDON AND SHARON ADARLO
Star-Ledger Staff
For the past two decades, Albert and Anne Filosa have set up a Nativity scene in the front yard of their Old Bridge home with figurines they bought in Brooklyn the year they moved to New Jersey.
Every year on the Saturday after Thanksgiving, Albert Filosa set up the scene. It stayed there until Jan. 6 -- the celebration of the Epiphany --when he carefully stored the set away in the original boxes.
Filosa was crushed when he arrived home last Wednesday night to discover the life-size plastic baby Jesus was missing from the Nativity scene.
"This is an important holiday to us. That's why I consider this a bias crime," said Filosa, who along with his wife invite more than a dozen relatives over every year to decorate their home for Christmas.
Yesterday the Filosas were one of several families to recover their stolen figurines from Sayreville police. On Monday, police found a total of 27 figurines while investigating the theft of the baby Jesus from St. Stanislaus Kostka Church, and the desecration of objects at the church's cemetery.
The Rev. Kenneth Murphy, the pastor at St. Stanislaus, was overjoyed to recover the church's baby Jesus.
"I feel blessed. I feel like I am a dad who got his baby back," Murphy said. "People were so supportive about calling us, too."
The reverend also recovered a trumpet and the left arm of a Crucifixion statue from the church's cemetery. Still missing is a sheep's head and a trumpet from the Nativity scene.
Murphy plans to have students from the St. Stanislaus Kostka School place the baby back into his cradle on Friday during the 9 a.m. Children's Mass.
"Even though the manger was empty of Jesus for awhile, it's more important to have Jesus in your heart," Murphy said.
Christopher Olson, 18, and Michael Payne, 19, both of Old Bridge, Nicholas Hess, 18 of Matawan, and a 15-year old boy were arrested Monday and charged with stealing 27 Jesus figures.
Sayreville police Detective Kenneth Kelly said the defendants drove around taking the figures and planned to burn them.
Police solved the case while investigating the damage at the church and talked to a resident who had written down the license plate of an unfamiliar car seen in the area a few days earlier.
Police traced the license number to Payne's truck, which was parked in front of Olson's home Monday with the Nativity figures inside.
"In our town, it's not that unusual for people to report suspicious vehicles," said borough police Detective Matthew Bandurski.
The Middlesex County Prosecutor's Office will review the police reports to determine whether the defendants should be charged with a bias crime, said First Assistant Prosecutor Bill Lamb.
Payne and Olson were released on $25,000 bail. The Sayreville municipal court was notified yesterday that each defendant retained a lawyer.
Hess yesterday was still being held in the Middlesex County Jail in North Brunswick.
The Filosa family learned that police had recovered their figurine when friends called them Monday. The family turned on television news programs and saw reports of the recovered figures.
"We were screaming. We saw our baby Jesus. We stayed up until 3 a.m. watching repeats of the news. We taped the news report," Anne Filosa said yesterday after her family picked up their figure.
Anne Filosa recalled a photograph taken six years ago of her young niece holding the Jesus figure on the front lawn.
"She wanted to sleep in the (Nativity scene)," Anne Filosa said of her niece, who was 4 years old at the time. "I'm so happy. Just the thought that they were going to burn it."
Others also came yesterday to police headquarters hoping to recover stolen items that were at the center of their family traditions.
"This is the one!" T.J. Malakas, 12, said as he picked up one of the plastic figurines and heard a rattling inside. It was the sound of a dead light bulb T.J. left in the body when scene was set up this year.
"This was the second year in a row that something happened to our decorations," said Jennie Malakas, his mother. Last year vandals slashed a blow-up polar bear.
Rose Marie Pedro of Sayreville was getting ready to dismantle her Nativity scene Monday morning and noticed her Jesus was missing from his manger.
"I was upset. I didn't think I would get it back," Pedro said. "But I got my baby now. We've had it for over 15 years."
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Case
Citizen
Username: Case
Post Number: 956
Registered: 2-2005
| | Posted on Wednesday, January 4, 2006 - 4:23 pm: | |
This is SUCH a happy story... I can't wait to hear what happens to the three idiots involved. |
Rastro
Citizen
Username: Rastro
Post Number: 2109
Registered: 5-2004
| | Posted on Wednesday, January 4, 2006 - 4:43 pm: | |
No offense intended to Christians, but assuming these guys are Christian (75+% of the country is, after all, and their names don't exactly sound Muslim or Jewish), is this really a bias or hate crime? |
Dr. Winston O'Boogie
Citizen
Username: Casey
Post Number: 1814
Registered: 8-2003
| | Posted on Wednesday, January 4, 2006 - 4:49 pm: | |
Quote:"This was the second year in a row that something happened to our decorations," said Jennie Malakas, his mother. Last year vandals slashed a blow-up polar bear.
Clearly this is the PC crowd bent on continuing their war on Christmas and inflatable ursines. |
Gordon Agress
Citizen
Username: Odd
Post Number: 312
Registered: 8-2004
| | Posted on Wednesday, January 4, 2006 - 5:10 pm: | |
I don't know what to make of this. I don't think "hate crimes" make sense, as there is generally a violation of some underlying statute and judges usually have leeway to give a heavier sentence in light of circumstances. But here, and leaving the the graveyard thefts out, it's hard to see a heavy sentence for petty theft of a $20 plastic figure, even though the idea was clearly to irritate an awful lot of people.
Do any lawyers posting have an idea of how this guy could be punished appropriately without some hate crime legislation? Or do we have to watch him walk for stealing plastic Jesus figures?
The graveyard thefts are another matter entirely.
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Dr. Winston O'Boogie
Citizen
Username: Casey
Post Number: 1816
Registered: 8-2003
| | Posted on Wednesday, January 4, 2006 - 5:24 pm: | |
but what about the blow-up polar bear? who speaks out for the inflatable wildlife? where's their anti-defamation group? who are their advocates? |
Rastro
Citizen
Username: Rastro
Post Number: 2115
Registered: 5-2004
| | Posted on Wednesday, January 4, 2006 - 5:28 pm: | |
Would that be the "anti deflation league"? |
Cleve Dark
Citizen
Username: Clevedark
Post Number: 209
Registered: 2-2005
| | Posted on Wednesday, January 4, 2006 - 6:03 pm: | |
LOL.
Newspaper reports of stolen baby Jesuses always make me laugh. I saw one once with the subheadline (is that what you call it?) "Glue did not deter theft of infant Messiah." |
mooewe
Citizen
Username: Mooewe
Post Number: 308
Registered: 6-2001
| | Posted on Wednesday, January 4, 2006 - 8:02 pm: | |
If I were prone to vandalism, I can't think of anything more fun than using a dart gun on those inflatable monstrosities. I hate those things! |
maplewood fan
Citizen
Username: Mplwfan
Post Number: 254
Registered: 4-2003
| | Posted on Thursday, January 5, 2006 - 9:58 am: | |
As a liberal Christian, I found this story disturbing. I think this is a bias crime because it disrespects someone's right to practice their religion. Unfortunately, I would say the same thing if a member of the Klu Klux Klan set up a display in their front yard and someone vandalized it. Can someone explain the difference if there is one? I'm not a card carrying member of the ACLU but I do believe in the rights of individuals as part of the collective. |
Rastro
Citizen
Username: Rastro
Post Number: 2119
Registered: 5-2004
| | Posted on Thursday, January 5, 2006 - 11:07 am: | |
maplewood fan,
I really was only trying to understand what a bias or hate crime is. I don't think the perpetrators of this were doing it to disrespect (I truly hate that word) someone's religion. I think they were doing it because they thought it was funny. Like stealing a garden gnome.
While to the religious there is a huge difference between a garden gnome and a baby Jesus statue/doll, to the perps, there likely is not. Again, if bias or hate crime is based on intent and frame of mind of the perp, I think you'd be hard pressed to show there was intent to actually disrespect (there I go again) someone's religion. |
Tinkrock
Supporter
Username: Tinkrock
Post Number: 97
Registered: 3-2004
| | Posted on Thursday, January 5, 2006 - 11:09 am: | |
Oh, please. We really are a culture of victims, aren't we? I think the idea this is a bias crime is beyond absurd. When I was a teenager, I ran with a crowd that hit upon the idea to steal anters: if it were, say, a small lawn deer, they'd take the whole thing; for larger specimens, like those in front of Elks and Moose clubs, they'd whack 'em off with a hammer. Vandalism and theft, pure and simple, and I'm not defending it, but guess what: teenagers often have a really stupid idea of what's funny. |
Brett Weir
Citizen
Username: Brett_weir
Post Number: 1157
Registered: 4-2004
| | Posted on Thursday, January 5, 2006 - 11:33 am: | |
Rastro- by law it is a bias crime, no matter what the religion or ethnicity of the offenders. If a Jewish offender paints a swastika on the home of a Jewish neighbor, he/she should know what effect that act will have on the victims. It is the act plus it's impact on the party targeted that make this a crime. Even painting that swastika on the home of a non-Jew would be considered a bias-crime, as it's effect is to cause terror or alarm.
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Rastro
Citizen
Username: Rastro
Post Number: 2129
Registered: 5-2004
| | Posted on Thursday, January 5, 2006 - 12:05 pm: | |
Brett, I understand what you're saying about a swastika, but I my question is if intent comes into designating something a bias crime? I'm not saying it is not a bias crime. Unless someone does not know what a swastika is, it's prtty hard to imaigne painting one anywhere without intent to cause terror.
Do you really think that the teenagers thought stealing a baby Jesus would "cause terror or alarm"? I'm not saying it's right. Stealing anything from sone is wrong, especially a religious object. But I still want to understand if intent is necessary for a bias crime to occur. |
TomR
Citizen
Username: Tomr
Post Number: 895
Registered: 6-2001
| | Posted on Thursday, January 5, 2006 - 12:46 pm: | |
Rastro,
2C:16-1. Bias Intimidation.
a.Bias Intimidation. A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4 or N.J.S.2C:39-5,
(1)with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity; or
(2)knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, handicap, sexual orientation, or ethnicity; or
(3)under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, handicap, sexual orientation, or ethnicity, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, handicap, sexual orientation, or ethnicity.
b.Permissive inference concerning selection of targeted person or property. Proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of race, color, religion, gender, handicap, sexual orientation, or ethnicity shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity.
c.Grading. Bias intimidation is a crime of the fourth degree if the underlying offense referred to in subsection a. is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a., except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years
d.Gender exemption in sexual offense prosecutions. It shall not be a violation of subsection a. if the underlying criminal offense is a violation of chapter 14 of Title 2C of the New Jersey Statutes and the circumstance specified in paragraph (1), (2) or (3) of subsection a. of this section is based solely upon the gender of the victim.
e.Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for bias intimidation shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for bias intimidation. The court shall impose separate sentences upon a conviction for bias intimidation and a conviction of any underlying offense.
L.2001,c.443,s.1.
Did that make it clear?
TomR |
Rastro
Citizen
Username: Rastro
Post Number: 2134
Registered: 5-2004
| | Posted on Thursday, January 5, 2006 - 1:01 pm: | |
Somewhat, thank you Tom.
I am curious as to whether this case would fit definition 3b. But I guess it doesn't matter. If the police are calling it a bias crime, it will be investigated as such. And the DA will make the determination.
My apologies to all if my questioning this caused offense. None was intended. |
Gordon Agress
Citizen
Username: Odd
Post Number: 314
Registered: 8-2004
| | Posted on Thursday, January 5, 2006 - 3:19 pm: | |
Any competent defense will establish that these characters are incapable of the coherent thought required to form a purpose of any kind, never mind one to intimidate. They're not guilty of bias crimes by reason of utter stupidity. |
Brett Weir
Citizen
Username: Brett_weir
Post Number: 1158
Registered: 4-2004
| | Posted on Thursday, January 5, 2006 - 4:52 pm: | |
Rastro- I think stealing 27 of them would make a reasonable person believe that it may be so. And removal or desecration of venerated objects would certainly add credence to such charges. |
TomR
Citizen
Username: Tomr
Post Number: 896
Registered: 6-2001
| | Posted on Thursday, January 5, 2006 - 8:31 pm: | |
Rastro,
Section b doesn't come into play until a trial, if any.
TomR
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Cleve Dark
Citizen
Username: Clevedark
Post Number: 217
Registered: 2-2005
| | Posted on Thursday, January 5, 2006 - 8:55 pm: | |
Is a nativity scene a religious object? It's not something used during worship. |
Elaine Harris
Citizen
Username: Elaineharris
Post Number: 66
Registered: 12-2004
| | Posted on Thursday, January 5, 2006 - 11:07 pm: | |
For what this is worth, deplorable as their conduct may have been, I would not categorize this vandalism as a bias crime. According to the newspaper report, it started out of boredom, so the initial "intent" was to make a "game" out of stealing the baby Jesus from the nativity scenes," as opposed to expressing hatred toward one group or another. These vandals did not have an "anti-ideology" agenda, just common,garden variety hatred towards all. |
notehead
Supporter
Username: Notehead
Post Number: 2944
Registered: 5-2001
| | Posted on Friday, January 6, 2006 - 10:59 am: | |
I wouldn't even say for sure that the vandals were expressing hatred. Just stupidity, boredom, disrespect, and the need to impress each other. They obviously had no regard for how their actions would affect people.
I'll admit that for a few years when I lived in Fanwood, where the town had a creche display at the train station during the holidays, I considered replacing the baby JC with a Tickle-Me Elmo, as a statement about the commercialization of supposedly sacred events. But I never did it. |
Rastro
Citizen
Username: Rastro
Post Number: 2147
Registered: 5-2004
| | Posted on Friday, January 6, 2006 - 11:23 am: | |
TomR, I meant a-3-b (not sure of the way to reference parts of laws)... not sure if that was clear:
"(b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, handicap, sexual orientation, or ethnicity. " |
TomR
Citizen
Username: Tomr
Post Number: 899
Registered: 6-2001
| | Posted on Friday, January 6, 2006 - 11:32 am: | |
Rastro,
Sorry about that. Sometimes I read fast, or is that half-fast.
TomR |
breal
Citizen
Username: Breal
Post Number: 684
Registered: 6-2002
| | Posted on Friday, January 6, 2006 - 2:35 pm: | |
Hmm. Something about this story doesn't quite ring true for me.
Why on earth would the kids, once caught, volunteer info that would only make people even more mad at them? Could they be that dumb?
I'm talking about their reported plan to burn the figures. It's just so inflammatory, such a gift to Bill O'Reilly. I'm suspicious of that part of the story.
Doesn't matter, I guess. Even if burning really was the kids' intention, they didn't do it. All they did was steal.
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Gordon Agress
Citizen
Username: Odd
Post Number: 315
Registered: 8-2004
| | Posted on Friday, January 6, 2006 - 6:24 pm: | |
I guess that if you are into burning things, "inflammatory" isn't a problem.
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