Geneva man who sent racist, homophobic letters cites free speech as a defense
A Geneva man whose lawyer says he sent homophobic, racist and harassing letters to people he targeted from a local "What's Happening" Facebook group wants the charges dismissed, saying his speech was protected by the First Amendment and even if "morally repugnant," it doesn't equate to a crime.
Anton L. Purkart, 50, of the 0-99 block of Andover Lane, was arrested and charged in July with four counts of misdemeanor disorderly conduct. He was accused of writing letters in May and July.
After Purkart's arrest, defense attorney Matt Haiduk acknowledged his client wrote the letters.
"He did send that stuff and he feels terrible about it," Haiduk said at the time. "This was a social media discussion or conversation that got terribly out of control. He is absolutely crushed."
Despite that, Purkart opted for a bench trial this week before Kane County Judge Salvatore LoPiccolo, which was rescheduled for March 19.
On Friday, Haiduk presented LoPiccolo with a motion to dismiss the complaint or, if it is not dismissed, for prosecutors to provide a bill of particulars stating the exact dates and location of where Purkart sent the letters. The motion will be argued Friday.
Asked how his client could go to trial after Haiduk's statement, the lawyer referred to his motion.
"The language contained in the complaint fails to contain the nature and elements of the offense charged, does not operate to bar further prosecution based on the same conduct, and violates the First Amendment as currently charged," the motion reads in part. "Morally repugnant and socially discouraged as they may be, derogatory statements are protected speech and may not by themselves support a disorderly conduct charge."
Haiduk's motion also argues prosecutors must prove Purkart "knowingly performed an act in an unreasonable manner such that it alarmed or disturbed another human and provoked a breach of the peace. The state's lack of details in the complaint does not properly put Purkart on notice as to how he unreasonably mailed anything and makes it impossible to prepare a defense in the matter."
If convicted of the class C misdemeanor, the least severe class of misdemeanors, Purkart faces a maximum $1,500 fine and up to 30 days in jail.