Geneva man drops free speech defense for harassing letters
A Geneva man accused of writing racist, homophobic and harassing letters to people he targeted off a "What's Happening" Facebook page has dropped his free speech defense.
The attorney for Anton L. Purkart, 50, of the 0-99 block of Andover Lane, was set to argue Friday afternoon that misdemeanor disorderly conduct charges against his client violated his First Amendment rights and should be dismissed.
"Morally repugnant and socially discouraged as they may be, derogatory statements are protected speech and may not by themselves support a disorderly conduct charge," read part of attorney Matthew Haiduk's motion.
Instead, Haiduk withdrew his motion to dismiss the charges, as well as to demand a bill of particulars from prosecutors Friday morning.
Purkart's case was set for a trial on March 19 before Judge Salvatore LoPiccolo, but the trial has been delayed. On that date, Haiduk, prosecutors and LoPiccolo will meet behind closed doors to discuss a possible plea agreement instead.
Haiduk did not return a call seeking comment Friday afternoon.
Purkart was arrested last summer and charged with four counts of disorderly conduct alleging he wrote letters that May and July to people on a "What's Happening in Geneva" group on Facebook,
At the time of his arrest, Haiduk acknowledged that his client wrote the letters. "He did send that stuff and he feels terrible about it," Haiduk said. "This was a social media discussion or conversation that got terribly out of control. He is absolutely crushed."
The charges are class C misdemeanors, the least severe of any misdemeanor charge. If convicted, he would face a maximum 30 days in jail and a $1,500 fine, though court supervision is also possible.