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Four more down: Kessler-related hearings reach a verdict

When Jason Kessler leaves a courthouse in Charlottesville, he’s usually greeted the same way, and that’s by an angry mob.

A group of dozens of anti-racists followed him in a large circle around Market Street until he receded to the police department next to the general district court. He exited only when a maroon truck showed up to pick him up.

All the while, African-American counterprotesters, who reminded him that February is Black History Month, shouted a slogan that’s quite familiar to him. One that he’s even used once or twice—“You will not replace us! You will not replace us! You will not replace us!”

Kessler was in court February 2 for five different hearings in which he claimed to be the victim.

Throughout the morning, known anti-racist activist Veronica Fitzhugh, Phoebe Stevens, Jeff Winder, Brandon Collins and Kenneth Robert Litzenberger were defended as they stood in front of the judge and across from the organizer of the summer’s deadly Unite the Right rally.

Fitzhugh was first, and while Judge Robert Downer dismissed an assault charge that stemmed from an apparent May 20 altercation with Kessler on the Downtown Mall, she was found guilty of disorderly conduct for being a member of the mob that surrounded the white nationalist and his friends that night. In video evidence, Fitzhugh, wearing a pink wig, can be seen shouting “Nazi, go home,” in close proximity to Kessler’s earlobe.

“You have to take this kind of abuse with a grain of salt,” Kessler said when defense attorney Jeff Fogel asked why he was smiling during the video.

Special prosecutor Michael Caudill, who was appointed to the case, said “Kessler exhibited decorum.”

Downer said Fitzhugh’s actions met the objective standard of disorderly conduct and found the woman—who wore a hot pink dress with the work “antifa” scrawled across the back—guilty. She was fined $250, with $200 suspended.

Outside the courthouse, her attorney said, “All she was doing was telling him the truth—that he was a Nazi.”

After her hearing, four people appeared whom Kessler has accused of assaulting him at his August 13 press conference in front of City Hall, where he was unable to be heard over the angry crowd that eventually swarmed him and tackled him to the ground.

Stevens was the tackler, but says that wasn’t her intention.

“We love you, Jason,” were her last words before she took him to the ground, according to her own testimony and that of a freelance photographer at the event.

Stevens, a French teacher in the public school system who also teaches rock climbing and yoga, says she practices peaceful intervention. On August 12, she could be found using her body to shield counterprotesters being beaten on the ground and white supremacists alike. And on August 13, she was hoping to do the same for Kessler.

“I remember thinking he looked kind of like a rabbit darting back and forth,” she said. “It was as if he was about to get hit by a train. It was getting worse and worse.”

So she said she embraced him, not intending to knock him down.

“If only he could understand that as an individual, he is loved—it’s this thing that he stands for that is not,” she said.

Regardless of the prosecutor calling her a “nice lady” and the judge saying he didn’t doubt a minute of her testimony, she was found guilty and sentenced to 50 hours of community service.

Winder, a longtime activist who was protesting the war in Iraq with Code Pink when he was arrested for trespassing in 2007 in then congressman Virgil Goode’s office, was also among the mix charged for assaulting the organizer of the Unite the Right rally on August 13.

NBC29 reporter Henry Graff testified that he saw someone who appeared to be Winder strike Kessler when reviewing footage of the press conference gone awry.

While defense attorney James Abrenio argued that Winder couldn’t be identified beyond a reasonable doubt, Downer disagreed and sentenced him to 30 days in jail, with all of them suspended on the condition that he has good behavior for a year.

Brandon Collins, a City Council frequenter who works for Public Housing Association of Residents, entered an Alford plea, meaning he didn’t admit guilt, but recognized that there was enough evidence to convict him of assaulting Kessler. He was sentenced to 10 days in jail with all of them suspended.

And lastly, Kenneth Robert Litzenberger, who allegedly spat on Kessler during the scuffle, had his case continued until next February.

The white nationalist wasn’t given a chance to address the media after the hearing, as anti-racists wedged themselves between him and members of the press.

They shouted, “No platform for Nazis!”

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The Health Issue: Local innovators help create modern miracles

When it comes to chronic diseases, local health care providers and researchers are emerging as key players and national innovators. And they’re using familiar tools—smartphones and apps—to provide customized care for patients and their families.

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Time Disposal employee killed in Crozet train crash

More details on the January 31 fatal collision of an Amtrak train carrying Republican congressmen and a Time Disposal garbage truck at a railroad crossing in Crozet were released Thursday, and the National Transportation Safety Board lead investigator says the agency is aware of reports of issues at the crossing at Lanetown Road.

Christopher Foley, 28, of Louisa died at the scene when the truck upon which he was a crew member and a passenger was hit.

The Washington Post reports that Representative Phil Roe of Tennessee, a retired OB/GYN who was on the train, said, “I think it was a instantaneous death. I don’t think he suffered.”

On its Facebook page, Time Disposal says, “[W]e find ourselves in shock and with heavy hearts. Yesterday we lost an employee and a brother, his one-year-old son and mother of his child lost a father.” The company set up a GoFundMe account for his family, which has so far raised nearly $34,000.

The chartered train that was carrying GOP legislators to a retreat at the deluxe Greenbrier resort in White Sulphur Springs, West Virginia, was going 61mph, said Pete Kotowski, NTSB investigator in charge of the investigation at a press conference. The speed limit for that crossing is 60mph.

A data recorder indicated the train was going full throttle at 11:20am, and one second later it went to idle, which means it was braking, said Kotowski. “The train came to rest approximately 20 seconds after the throttle went to idle,” he said.

A video recorder on the front of the train was damaged, but has been sent sent to Washington for examination. The recorder, said Kotowski, could reveal more about whether the crossing arms were down when the train went through, as will electronic components taken from the signal.

He says it will be 12 to 14 months before the investigation is complete.

Reports of issues with the crossing equipment have been widespread since the crash.

Benny Layne, who owns the land at Marymart Farm where the shredded truck came to rest, told the AP he’d seen the crossing arms stay down for hours when no train was coming, and that he’d seen someone working on the signal earlier this week.

Timothy Griffith, who lives in nearby Grayrock, says during the four years he’s lived there, “I remember one occasion when the arms were down for no reason.”

Six people were taken to the hospital, and one, a Time Disposal employee, is in critical condition.

Local musician Jamie Dyer says that’s his nephew. “I can’t believe he’s alive,” says Dyer.

Dennis James “DJ” Eddy is in his mid-20s, had only been working for Time Disposal for a couple of weeks and was sitting in the middle of the cab when “the train hit the back of the truck and flipped it around,” says Dyer.

DJ Eddy photo courtesy Jamie Dyer

Dyer says the FBI came to the hospital room of the driver of the truck to draw blood, and he’s worried “they’re trying to pin it on this driver.”

The driver is 30 years old and has worked for Time Disposal for seven years, says Kotowski.

The waste company has been in business 33 years, employs 17 drivers and has 15 vehicles. The NTSB investigator says it’s had six roadside safety checks and two vehicle were placed out of service. Time Disposal trucks have had two crashes, one in 2015 and another in 2016.

The garbage truck, locomotive and train cars have all been removed and will be examined, says Kotowski.

So far the NTSB has interviewed four witnesses, and the agency is urging anyone who saw anything to contact them.

Among the lawmakers on the train were Senator Jeff Flake, who said the incident was reminiscent of last summer’s baseball field shooting, Senator Ted Cruz and House Speaker Paul Ryan, who offered prayers for the victims and injured and who said, “I’m just so thankful for the people who sprung into action today.”

 

 

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Watching their backs: Cantwell’s request for change of venue and special prosecutor denied

 

Another high-profile case went through Albemarle County Circuit Court on January 31, where motions for a self-proclaimed racist who found himself in trouble after the weekend of the Unite the Right rally had two motions denied and one granted.

Christopher Cantwell is accused of using a caustic substance on counterprotesters at the August 11 brawl between torch-wielding white supremacists and anti-racists at the University of Virginia.

Defense attorney Elmer Woodard, who represents several of the alt-right men facing charges from the deadly mid-August weekend, said Cantwell won’t be able to get a fair trial in Albemarle County. He asked to take his client’s trial, which is scheduled exactly six months after August 12, to a different locality.

“Mr. Cantwell’s got some men with him because it’s dangerous for him to move around Charlottesville,” Woodard told Judge Cheryl Higgins. When Cantwell entered circuit court that day, he was accompanied by an entourage that included Woodard, the attorney’s assistant and former Identity Evropa leader Eli Mosley.

Because Cantwell has such a high profile, Woodard said he expects a mob scene at each hearing—like the one at Unite the Right organizer Jason Kessler’s August 13 press conference, where he was tackled to the ground and rescued by police.

The attorney told the judge before he and the suited men entered the building, they hid in the general district court “because we’re vulnerable.” He apparently scanned the vicinity before leading the group from one courthouse into the other. “My assistant, his job is to look behind me,” Woodard added.

Aside from this reporter and one man waiting for his own hearing, no one was outside the courthouses. “Who are those guys?” the man asked after Cantwell and his apparent security detail entered the building and the door closed behind them.

Among the entourage was Gregory Conte, who identifies himself in his Twitter bio as a Tyr 1 Security employee and the director of operations at the National Policy Institute, Richard Spencer’s white nationalist think tank based in Alexandria.

Conte formed the security company with his partner, Brian Brathovd, who is reportedly Spencer’s bodyguard. Conte never entered the courtroom, but stayed in the lobby where he appeared to be guarding a black box full of cell phones, which are prohibited inside.

In court, Woodard noted several instances of what he called “prejudice and excitement” from the local community, including press coverage from NBC29 and WINA and a publication he called “Charlottesville Today.”

He said the cars of alt-right members who came to support Cantwell at his November 9 preliminary hearing were towed. The cars were parked in a private church lot, and sources say the church had the vehicles removed.

“I used a transport service so my car can’t be traced,” Woodard said. He alleged that a woman tried to smuggle a steak knife into one of another client’s hearings in Charlottesville General District Court, and she told deputies the metal detector was beeping because she had a hip replacement.

For the second time that week in Albemarle Circuit Court, an attorney expressed worry about “sleeper activists” who could sit on the jury with the intention of convicting his client.

The day before Cantwell’s hearing, Kessler’s attorney expressed the same concern. The judge denied Kessler’s motion to move his trial out of Albemarle, and she did the same for the so-called “Crying Nazi,” who was given that name after he posted a tearful video to the web before turning himself in to Lynchburg police in August.

“Well, first of all, I’m not a Nazi,” Cantwell said in a jail interview in September. “I came down [to Charlottesville] because I think that I fucking have rights and that I don’t deserve my fucking race to be exterminated from the planet. Not everybody who’s skeptical of Jews is a fucking socialist, okay?”

Judge Higgins also denied his attorney’s request for a special prosecutor for the three-day trial, though Woodard explained that he may want to call Commonwealth’s Attorney Robert Tracci as a witness, resulting in a mistrial and “a very, very, very upset judge.”

Depending on the answers from witnesses Emily Gorcenski and Kristopher Goad—who originally made statements that Cantwell sprayed them with pepper spray on August 11—Woodard said he’d like to question Tracci about some of their previous testimony.

Legal expert David Heilberg says calling the commonwealth’s attorney as a witness “is extremely rare and it might be a ploy to disqualify the prosecutor.”

“I find it is too speculative,” said Higgins as she denied the motion.

However, she did grant a final motion to amend Cantwell’s bond to allow him to go anywhere within the undisclosed Virginia city where he currently resides.

After the hearing, Christian Picciolini waited on the courthouse steps for Cantwell to exit and called out to Cantwell that he just wanted to talk.

“You have my phone number, loser,” Cantwell spat back at him.

Piccolini was recruited to join the Chicago Area Skinheads, America’s first group of neo-Nazis, at the age of 14.

“I used to be just like him,” Picciolini says, but he disassociated himself from the movement in 1996. “I started to receive compassion 30 years ago from the people I least deserved it from.”

Christian Picciolini Staff photo

The Chicago man, who is the co-founder of a nonprofit called Life After Hate, says he wants to sit down with Cantwell and offer him the same support that helped changed his ideologies.

He adds, “Nobody’s born with a swastika flag under his pillow.”