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Arts Culture

Beautiful ugly places

Southern landscapes can evoke images of magnolias, Spanish moss, or Billie Holiday’s strange fruit. Those perceptions of the South as a beautiful but benighted part of the country bring three Black writers with deep Southern roots to the Virginia Festival of the Book March 19.

“…[T]his landscape made me a writer,” says Ralph Eubanks in A Place Like Mississippi: A Journey Through a Real and Imagined Literary Landscape, which explores the Magnolia State’s rich legacy of literary greats, from William Faulkner and Eudora Welty to Richard Wright and Jesmyn Ward. “It is the beauty of the land mixed with the state’s complex history that inspires and perplexes its writers,” he says.

Eubanks will be joined by Birmingham-born Imani Perry, professor of African American studies at Princeton. Perry journeyed south to consider the region with fresh eyes in her book, South to America: A Journey Below the Mason-Dixon to Understand the Soul of a Nation.

And panelist Jocelyn Nicole Johnson, a Charlottesville resident, sets her acclaimed short story collection, My Monticello, in a central Virginia landscape very familiar to local residents.

Panel moderator Justin Reid, Virginia Humanities director of community initiatives, notes the panel’s commonalities: “Our experiences being Black in the South, loving a place that doesn’t always love you back, and being protective of it.”

Another theme: that the racism and poverty attributed to the South are symptoms of the entire nation.

Eubanks was born in the Piney Woods coastal plains of Mississippi, and he’s written two memoirs, including Ever Is a Long Time: A Journey Into Mississippi’s Dark Past, which Washington Post critic Jonathan Yardley called one of the best nonfiction books of 2003.

His career spans publishing—the Library of Congress’ director of publishing and a stint as editor of Virginia Quarterly Review—academia, and journalism. He’s currently a fellow at the Radcliffe Institute for Advanced Study at Harvard. And yet, there’s always Mississippi. 

“What I realized in returning was how much of my imagination was threaded together in Mississippi, so much so that it affected the way I looked at the entire world,” he writes. The book’s title refers to a quote often attributed to Faulkner: “To understand the world, you must first understand a place like Mississippi.”

His latest book documents the many, many Mississippi writers—far more than you might have realized—and their regions of the state. National Book Award winner Jesmyn Ward describes the Gulf Coast humidity as “a warm embrace,” and says the area “helps me keep a sense of urgency in my work.” She hopes at least one of her children will remain in a place “that I love more than I loathe.”

Perry’s ancestors never left Alabama. She’s a scholar of law, and literary and cultural studies, studied at Yale, Harvard, and Georgetown, grew up in Cambridge and now lives in Philadelphia, but considers Alabama a core part of her identity. 

She says the most virulent racism she experienced was in Boston during school busing.

Perry sees the South as scapegoated. “This country was made with the shame of slavery, poverty, and White supremacy blazoned across it as a badge of dishonor. To sustain a heroic self-concept, it has inevitably been deemed necessary to distance ‘America’ from the embarrassment over this truth. And so the South, the seat of race in the United States, was turned on, out, and into this country’s gully,” she writes.

In “My Monticello,” Johnson’s protagonist is a UVA student and descendant of Thomas Jefferson and Sally Hemings who flees violent white supremacists in a JAUNT bus to Monticello. Johnson was in Charlottesville during August 2017, and the novella “absolutely was influenced by August 12,” she says.

Her story “Control Negro” was a reaction to ABC officers slamming a Black UVA student to the ground on the Corner in 2015, an incident that made her realize, “That could be my kid or someone I knew.” 

“I think for Charlottesville audiences, there’s a lot that will resonate with what we’re grappling with now—outside perceptions of us and the stories we tell ourselves that don’t exactly align,” says Reid.

Charlottesville’s former mayor Nikuyah Walker and vice-mayor Holly Edwards both have referred to the city as a “beautiful ugly” place, which Reid says is something a lot of Black southerners understand. “I see beauty and ugliness,” says Reid. “It’s not one or the other.”

At this event, that description is not just applicable to the South. “Beautiful ugly” is an American story.

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News

Sines v. Kessler, day 21

Each day, we’ll have the latest news from the courtroom in the Sines v. Kessler Unite the Right trial. For coverage from previous days, check the list of links at the bottom of this page.

The jury in Sines v. Kessler deliberated for a second day Monday and went home without a verdict. 

The civil lawsuit claims that two dozen organizers of the deadly Unite the Right rally in August 2017 conspired to commit racial violence. The nine plaintiffs said they were physically and emotionally injured when neo-Nazis came to Charlottesville.

Around noon on Monday, jurors asked Judge Norman Moon if they can’t reach a unanimous decision on the first three claims of the suit—that one or more of the defendants conspired to commit racially motivated violence—”do we still decide on claims 4, 5, and 6?” 

Moon replied to the jury, “They must continue to try to reach a unanimous decision on all six counts.”

“I’d be very disappointed if they can’t agree on any conspiracy counts,” says attorney Deborah Wyatt, who is not associated with the case.

In claim 4, plaintiffs Natalie Romero and Devin Willis, who were assaulted at the Thomas Jefferson statue August 11, 2017, following a tiki-torch march through UVA grounds, contend that the defendants violated Virginia’s racial, religious, or ethnic harassment or violence statute.

The fifth and sixth claims focus on James Fields, who drove into a crowd of counterprotesters August 12. The claims allege assault and battery, and the intentional infliction of emotional distress.

Shortly before that question, the jury had asked Moon, ”Are words a form of violence? (according to federal law)?” 

“Well I would firmly say no,” said Spencer. “This is a philosophical question. You can offer guidelines for answering.”

“I don’t think it’s philosophical,” said Moon, who referred the jury to instruction #30 on free speech. That says, “The abstract advocacy of lawlessness, or mere advocacy of the use of force is protected speech.” However, the instruction goes on to say that if the defendants were engaged in a conspiracy to conduct illegal activity, the First Amendment does not offer protection.

Jurors received a 77-page document with jury instructions, the legal definitions of racially motivated conspiracy, and verdict forms. Plaintiffs called 36 witnesses and entered into evidence hundreds of social media posts, texts, emails, and phone records.

What had been scheduled to be a four-week trial entered into its fifth week Monday. Jurors will return Tuesday to continue deliberations.

Previous Sines v. Kessler coverage

Pre-trial: Their day in court: Major lawsuit against Unite the Right neo-Nazis heads to trial

Day one, 10/25: Trial kicks off with jury selection

Day two, 10/26: Desperately seeking jury

Day three, 10/27: Jury selection wraps up

Day four, 10/28: Plaintiffs and defendants make their opening arguments

Day five, 10/29: “I hear it in my nightmares,” says plaintiff Romero

Day six, 11/1: “I stopped being an outgoing, sociable person,” says plaintiff Willis

Day seven, 11/2: “Strike that”

Day eight, 11/3: Defendants fawn over Hitler

Day nine, 11/4: Quibbling about hate

Day 10, 11/5: League of the South takes the stand

Day 11, 11/8: “It gave me Nazi vibes”

Day 12, 11/9: False flags and missing evidence

Day 13, 11/10: “It was awful”

Day 14, 11/11: White supremacy 101

Day 15, 11/12: Sines speaks, defendant dances

Day 16, 11/15: Kessler vs. Spencer

Day 17, 11/16: Every man for himself

Day 18, 11/17: The defense rests

Day 19, 11/18: Baby Goats, Jesus and JFK

Day 20, 11/19: Deliberations get underway

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News

Sines v. Kessler, day 20

Each day, we’ll have the latest news from the courtroom in the Sines v. Kessler Unite the Right trial. For coverage from previous days, check the list of links at the bottom of this page.

The jury in Sines v. Kessler began deliberations Friday in the trial that seeks to hold two dozen organizers of the deadly 2017 Unite the Right rally responsible for conspiring to commit racially motivated violence.

One juror was excused because his two children were possibly exposed to COVID at their school and were told to quarantine. The juror is not vaccinated, said Judge Norman Moon, who assured other jurors the possible exposure occurred Thursday and they could safely deliberate. Eleven jurors remain, and a civil trial jury can proceed with six jurors.

Jurors received a 77-page document with jury instructions, the legal definitions of racially motivated conspiracy, and verdict forms. They asked if they could take the instructions home, which Moon does not recommend, but allowed.

The nine plaintiffs in the case say they were physically and emotionally injured when white nationalists came to Charlottesville in August 2017. Four of the plaintiffs were struck by James Fields’ Dodge Challenger when he plowed into a crowd of counterprotesters on Fourth Street, killing Heather Heyer. The plaintiffs say they incurred significant medical bills, lost wages, and continue to experience PTSD from the attack.

The defendants made no secret of their racist and anti-Semitic leanings, which their attorneys have acknowledged, but say their hate speech is protected under the First Amendment, and their violent rhetoric was just joking around. The defendants have also blamed the police, antifa, bandana-wearers, and some of the plaintiffs for the violence that occurred. 

The complaint says the violence was no accident. Plaintiffs’ attorneys called 36 witnesses to the stand and have entered hundreds of Discord posts, texts, emails, and phone records that they say connected the defendants. The evidence shows how they openly talked about the fight for white supremacy they intended to take to the streets in Charlottesville.

Plaintiffs want $7-10 million for those Fields struck: Natalie Romero, Marcus Martin, Thomas Baker, and Chelsea Alvarado. They are asking the jury to award $3-5 million for the pain and suffering of Marissa Blair, who was with her friend Heyer when she was struck, then-UVA law student Elizabeth Sines, Reverend Seth Wispelwey, April Muniz, and then- UVA student Devin Willis, who was attacked during the August 11 tiki-torch march.

As for punitive damages, attorneys left that up to the jury. “What would it take to make sure the defendants and co-conspirators never, ever do anything like this again?” asked plaintiffs’ counsel Roberta Kaplan in closing arguments.

A civil trial verdict is determined by a “preponderance of evidence,” not the stricter “beyond a reasonable doubt” standard in criminal trials.

The court has already sanctioned defendants Vanguard America, National Socialist Movement, NSM leader Jeff Schoep, who said his phone fell in the toilet, Matthew Heimbach, who said his ex-wives deleted evidence, Elliott Kline, and Daily Stormer Robert “Azzmador” Ray for failing to comply with court orders to produce materials. The court has instructed the jury that Kline, who was jailed for contempt of court, and Ray, who has an arrest warrant and is on the lam, engaged in a conspiracy.

“Certain elements against some of the defendants have been proved,” said Moon. He also told jurors, “You are not partisans. You are judges—judges of the facts.”

The four-week trial was scheduled to end November 19. Jurors will resume deliberations at 9am Monday.

Previous Sines v. Kessler coverage

Pre-trial: Their day in court: Major lawsuit against Unite the Right neo-Nazis heads to trial

Day one, 10/25: Trial kicks off with jury selection

Day two, 10/26: Desperately seeking jury

Day three, 10/27: Jury selection wraps up

Day four, 10/28: Plaintiffs and defendants make their opening arguments

Day five, 10/29: “I hear it in my nightmares,” says plaintiff Romero

Day six, 11/1: “I stopped being an outgoing, sociable person,” says plaintiff Willis

Day seven, 11/2: “Strike that”

Day eight, 11/3: Defendants fawn over Hitler

Day nine, 11/4: Quibbling about hate

Day 10, 11/5: League of the South takes the stand

Day 11, 11/8: “It gave me Nazi vibes”

Day 12, 11/9: False flags and missing evidence

Day 13, 11/10: “It was awful”

Day 14, 11/11: White supremacy 101

Day 15, 11/12: Sines speaks, defendant dances

Day 16, 11/15: Kessler vs. Spencer

Day 17, 11/16: Every man for himself

Day 18, 11/17: The defense rests

Day 19, 11/18: Baby Goats, Jesus and JFK

Categories
News

Sines v. Kessler, day 16

Each day, we’ll have the latest news from the courtroom in the Sines v. Kessler Unite the Right trial. For coverage from previous days, check the list of links at the bottom of this page.

At the start of week four of Sines v. Kessler, the lawsuit that claims leaders of the 2017 Unite the Right rally conspired to commit violence, organizer Jason Kessler took the stand Monday, and it was clear he had a few scores to settle with co-defendant Richard Spencer and other former UTR pals.

Kessler, who grew up in Fluvanna and graduated from UVA in 2009, posted on Twitter in 2019, “Richard Spencer is a narcissist and sociopath. He turns on everyone he comes into contact with. I have related stories about the ‘real’ Richard Spencer that I knew in my few interactions with him. THIS is that man.” The tweet included audio from a now-infamous racist rant Spencer made the evening of August 12.

Spencer, who is representing himself in the civil trial and had earlier testified about his dislike of Kessler, asked Kessler when he determined Spencer was a “sociopath and narcissist.”

“The first time I met you,” said Kessler. “You made my skin crawl. You were like a robot or serial killer… You and Eli Mosley were calling me a Jew because I wouldn’t sieg heil with you.” 

“This is enough, Jason,” said Spencer.

In a Facebook conversation introduced as evidence, Kessler said the best way to draw antifa to the Double Horseshoe Saloon was to say Richard Spencer was there.

“So many people hate you that it draws a lot of attention,” Kessler explained to Spencer.

“Is this kind of your M.O., to use people like me to get people riled up?” asked Spencer.

“A little bit of controversy goes a long way,” said Kessler.

Under questioning from plaintiffs attorney Karen Dunn, Kessler said he didn’t believe Jewish people were white, and that there were differences in IQ between the races.

Dunn introduced multiple exhibits in which Kessler promoted Unite the Right as a violent event. 

“I think we need to have a Battle of Berkeley event in Charlottesville,” he posted on Discord server, referring to a violent California protest earlier in 2017.  

“I would go to the ends of the earth to secure a future for my people,” he said in a May 20, 2017, Discord post. “This is war.”

And this text to Spencer: “We’re raising an army my liege. For free speech and the cracking of skulls if it comes to it.”

Dunn also entered as evidence communications Kessler had with the other defendants, including Spencer, Matt Heimbach and Matthew Parrott with Traditionalist Worker Party, League of the South, Nathan Damigo with Identity Evropa, and Elliott Kline, aka Eli Mosley.

Kline testified in a deposition that there were weekly planning calls with Kessler, Spencer, and Damigo. Kessler disagreed with Kline’s testimony, and said, “No, he’s a liar. He’s a known liar.”

Kessler took aim at other co-defendants. He called Robert “Azzmador” Ray, who currently is on the lam for blowing off document production and court orders, a “scumbag” and “a very bad person” that he didn’t want at the event, although video from August 12 showed Kessler and Ray acting very buddy-buddy.

He also said he isn’t a fan of Jeff Schoep, then head of the National Socialist Movement. “I was embarrassed by NSM once I learned it was a Nazi organization,” Kessler said. “I tried to separate myself from him.” Schoep testified earlier Monday that he’d had a change of heart about the neo-Nazi movement, but called the lawsuit “frivolous” when he left NSM in 2019.

Kessler testified that Schoep and Cantwell had nothing to do with planning Unite the Right.

In multiple Discord posts, Kessler tried to discourage attendees from openly carrying firearms, not for fear of gunfire, but because “I don’t want to scare antifa off from throwing the first punch.”

Kessler said the idea for the August 11 tiki-torch march through UVA was his, but denied he led the march. “Elliott Kline and Richard Spencer did,” he said, adding that they had ousted him from leadership of the rally, and that Azzmador and Kline had “staged a mutiny against me.”

Police weren’t notified about the torch march until that evening, when Kline told University Police the march would go from Nameless Field,up University Avenue to the Thomas Jefferson statue in front of the Rotunda. The march wended its way through UVA Grounds instead, because Kline wasn’t from Charlottesville and didn’t know where he was going, according to Kessler.

While marching through Grounds, Kessler denied he chanted “Jews will not replace us.”

“I never would have said that,” he testified. “I don’t agree with those people focused on Jews. I was focused on white civil rights.”

That night after the march, Kline and Kessler praised each other’s work in text messages, with Kessler saying, “Let’s knock this out of the park tomorrow.”

Earlier this year, Kessler tweeted an image of torches surrounding the Jefferson statue, where counterprotesters were pepper sprayed and beaten, and said, “Iconic moment alert.” On the stand he insisted, “I don’t think I bear any responsibility for what happened August 11.” 

After James Fields plowed into a crowd of counterprotesters August 12, Kessler sent a text to Cantwell inviting him to a meeting that would be limited to “leaders and essential people only” to get their story out.

“I remember we were very panicked and shocked by it,” said Kessler.

He messaged Kline three times that they needed to shut down the Discord server, where many attendees made plans to go to the rally.

“People were saying highly inappropriate things,” said Kessler. “Specifically, people were mocking Heather Heyer. That was my concern. I didn’t want Discord to be a platform for these trolls.”

However, that wasn’t what he said in 2017, when he tweeted on August 18 that Heyer “was a fat disgusting communist,” and on August 24, “I 100 percent believe Heather Heyer was to blame for participating in an armed mob blocking traffic during a state of emergency.”

Crying Nazi Cantwell, a self-proclaimed shock jock and pro se defendant who has questioned witnesses throughout the trial, found himself on the stand Monday afternoon. 

In a few clips from Cantwell’s Radical Agenda podcast, jurors got to hear even more profanity-laden racist rhetoric than what Cantwell has already spewed in court. He said he’s advocated violence, and that he does the show to make people angry.

In June 2017, he told listeners, “I want you prepared to hurt people.”

When protesters blocked pipeline construction in Standing Rock, Cantwell said in a February 2017 show, “Well I will fuck you up if you block my path. I will fucking run through you.”

In a Vice documentary about the Unite the Right rally, Cantwell showed off the arsenal he brought to Charlottesville. After the car deadly attack, “which was more than justified,”  he said, “We’re not nonviolent. We’ll fucking kill these people if we have to.”

Under questioning by plaintiffs’ attorney Michael Bloch, whom Cantwell called Mike, he admitted he has considered a shooting spree, and said he’s aware that what he says influences people. In a post, Cantwell said that some of his listeners would engage in a mass shooting if he told them to. 

On the stand he berated Bloch for “pestering” him about a post with an image of Fields’ Challenger going through the crowd on Fourth Street titled, “This is what democracy looks like.” Cantwell said he didn’t remember every social media post he’d made, and didn’t remember this one.

Jurors also learned that Cantwell gave a Nazi salute to James Fields when they were both held in the same jail. Cantwell said he later gave Fields a hug and said, “I’m really sorry this happened to you.” 

Spencer asked his fellow defendant if good taste was one of his strong suits. Said Cantwell, “The whole point is to obtain free media attention by offending people.”

With Cantwell, the plaintiffs have called their last witness. On Tuesday, the defense will begin to present its case.

Previous Sines v. Kessler coverage

Pre-trial: Their day in court: Major lawsuit against Unite the Right neo-Nazis heads to trial

Day one, 10/25: Trial kicks off with jury selection

Day two, 10/26: Desperately seeking jury

Day three, 10/27: Jury selection wraps up

Day four, 10/28: Plaintiffs and defendants make their opening arguments

Day five, 10/29: “I hear it in my nightmares,” says plaintiff Romero

Day six, 11/1: “I stopped being an outgoing, sociable person,” says plaintiff Willis

Day seven, 11/2: “Strike that”

Day eight, 11/3: Defendants fawn over Hitler

Day nine, 11/4: Quibbling about hate

Day 10, 11/5: League of the South takes the stand

Day 11, 11/8: “It gave me Nazi vibes”

Day 12, 11/9: False flags and missing evidence

Day 13, 11/10: “It was awful”

Day 14, 11/11: White supremacy 101

Day 15, 11/12: Sines speaks, defendant dances

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News

Sines v. Kessler, day 14

Each day, we’ll have the latest news from the courtroom in the Sines v. Kessler Unite the Right trial. For coverage from previous days, check the list of links at the bottom of this page.

An expert in extremist movements testified Thursday in the Sines v. Kessler trial that violence is a core quality of white supremacy—and the defendants’ cross-examination of the witness was heated.

The civil case, with nine plaintiffs and two dozen defendants, contends the neo-Nazi organizers of the deadly 2017 Unite the Right rally conspired to commit violence.

Pete Simi is a sociology professor at Chapman University who has studied hate crimes, hate groups, and domestic terrorism since 1996. He wrote American Swastika: Inside the White Power Movement’s Hidden Spaces of Hate, a book about the culture of the white supremacist movement and the central role violence plays, he said.

White supremacism is an organized effort to transform society, said Simi. It relies upon a common strategy: “the necessity of using violence to achieve the goal of creating a white ethnostate.”

After looking at thousands of texts, videos, and emails, and 575,000 posts on Discord with a colleague, he concluded, “The defendants relied on the core characteristics of the white supremacist movement when they organized Unite the Right.”

He then listed those characteristics: racist ideologies, the glorification and use of violence, the separation of public and private speech, and strategies to create plausible deniability for their actions. 

Simi testified that Unite the Right organizers embraced those core qualities, with race as a leading indicator. Whites are seen as superior, while Jews are described as evil, corrupt, and contaminating society, he said. Blacks are seen as “inherently inferior and prone to criminality. That’s very prominent in their view.”

Plaintiffs’ attorney Roberta Kaplan entered as evidence a disturbing image defendant Robert “Azzmador” Ray posted on Discord that was titled the “n-word tote” and shows a device that impales a man. “This is a very grotesque illustration of what we were talking about,” said Simi, “a graphic, grotesque dehumanization.”

Plaintiffs have submitted as evidence hundreds of messages that rally attendees posted on Discord, a platform originally used for online gaming, said Simi. “At some point I became aware white supremacists had gravitated to Discord,” attracted to the platform because it was encrypted and the gamers there were potential recruits, he said.

Violence is another core characteristic of the white supremacist movement, Simi said. It’s “the way they understand the world,” whether that means discussing specific methods of committing violence or celebrating Hitler.

One component is “white genocide theory,” the idea that the white race is on the verge of extinction, he said, and that belief is related to “replacement theory.” During the August 11 tiki-torch march through UVA, neo-Nazis chanted, “you will not replace us,” and “Jews will not replace us.”

“They believe violence is a necessary course of action, self-defense to prevent extinction,” said Simi.

James Fields, who drove his Dodge Challenger into a crowd, tweeted a meme that said, “Love your race, stop white genocide.” The subtext, said Simi, is that “stopping white genocide requires violence.”

On the Charlottesville 2.0 Discord server, rallygoers discussed how to bring weapons to the event without making it obvious that they were bringing weapons. They talked about the merits of items such as flagpoles or ax handles. “These are almost mundane conversations on what makes a good weapon,” said Simi. 

And that culture of violence is not that different from the Mafia, Al Qaeda, or ISIS, he said. “These conversations are necessary to normalize violence.”

Another characteristic of white supremacist movements is drawing a line between front stage speech and back stage speech, said Simi. Front stage is what they do in public to present themselves as palatable to a wider audience, and back stage is “when you let your hair down,” with more secretive communications and actions, he said.

An example would be KKK leader David Duke, who took a “suit-and-tie approach” in the late ‘70s and early ‘80s. He used terms like “white civil rights” and “white heritage” to sound more innocuous, said Simi. The National Socialist Movement dropped its use of the swastika because they “believed it would help their optics,” not because they disavowed Nazis, he said. 

In the lead-up to the rally, Unite the Right organizer Jason Kessler emailed NSM leader Jeff Schoep and said the number one thing his guys could do would be to show up in plain clothes without flags. Schoep replied, “Keep in mind we ceased the use of the swastika in 2016.”

The fourth common characteristic of white supremacist movements that Simi identified is plausible deniability. The strategy involves doublespeak—talking in an intentionally deceptive way—and codes like the number 14, a common 14-word neo-Nazi slogan, or 88, a code for “heil Hitler,” in which each 8 represents the eighth letter of the alphabet. Joking and the use of humor are also ways to deflect racist intent, and triggering to provoke violence can give the cover of self-defense, and also offer plausible deniability. 

Defense attorney James Kolenich, who represents Kessler, Nathan Damigo, and Identity Evropa, wanted to know if other academics use the terms front stage and and back stage in referring to white supremacists. “They do,” said Simi, and listed several.

Kolenich asked if Simi was a member of antifa—”No”—and if Simi’s objective was to dismantle the alt-right. Simi compared his work to that of a cancer researcher and said, “Am I interested in helping prevent and intervene in violent white supremacy? Yes.”

Some of the most bizarre questioning came from Josh Smith, who represents Matthew Heimbach, Matthew Parrott, and the Traditionalist Worker Party. Smith interrupted and talked over Simi—and Judge Norman Moon. His questions veered to China, Israel, Singapore, and Hillary Clinton.

On the latter, Moon said, “Mr. Smith, your question makes no sense.”

Smith asked Simi, “Are you saying whites are not responsible for the most advancements in technology?” 

“Is that a serious question?” replied Simi.

Pro se defendant Chris Cantwell wanted to know if critical race theory influenced Simi’s work.

“We’re not going down the road of critical race theory,” instructed Moon.

Cantwell, who earlier in the trial asked co-defendant Heimbach his favorite Holocaust joke, said, “When is a joke a joke?” In his questions about the offensive meme Azzmador posted, he used the n-word twice.

At one point, when Kaplan objected to the defense free-for-all, Cantwell, who is currently serving time for threatening to rape the wife of another neo-Nazi, said loudly, “I didn’t file a lawsuit about race.” 

During Cantwell’s cross-examination of plaintiff April Muniz, who was on Fourth Street when Fields crashed into a crowd of counterprotesters, killing Heather Heyer, he went into what has been dubbed the “bandana defense.”

He has questioned the plaintiffs present on Fourth Street, four of whom were seriously injured, about whether they saw people there wearing red or black bandanas, which can be associated with antifa, and he has replayed videos of the crash to its victims to point out bandana wearers. 

He seemed excited when Muniz said she was wearing a bandana—a gray one. “It was a hot day,” she said. He wanted to know if people were wearing helmets, goggles, and black, also possible indicators of antifa, which Muniz testified she’d never heard of before August 12. “I was wearing black,” she said.

“Hot day, eh,” he said.

Kaplan said the plaintiffs will call the last of their witnesses Friday, except for Cantwell and Kessler, who will testify as defense witnesses to keep them from coming to the stand twice. The four-week, slow-moving trial is scheduled to end November 19, but there’s worry in the courthouse about whether that will happen.

Previous Sines v. Kessler coverage

Pre-trial: Their day in court: Major lawsuit against Unite the Right neo-Nazis heads to trial

Day one, 10/25: Trial kicks off with jury selection

Day two, 10/26: Desperately seeking jury

Day three, 10/27: Jury selection wraps up

Day four, 10/28: Plaintiffs and defendants make their opening arguments

Day five, 10/29: “I hear it in my nightmares,” says plaintiff Romero

Day six, 11/1: “I stopped being an outgoing, sociable person,” says plaintiff Willis

Day seven, 11/2: “Strike that”

Day eight, 11/3: Defendants fawn over Hitler

Day nine, 11/4: Quibbling about hate

Day 10, 11/5: League of the South takes the stand

Day 11, 11/8: “It gave me Nazi vibes”

Day 12, 11/9: False flags and missing evidence

Day 13, 11/10: “It was awful”

Categories
News

Sines v. Kessler, day 13

Each day, we’ll have the latest news from the courtroom in the Sines v. Kessler Unite the Right trial. For coverage from previous days, check the list of links at the bottom of this page.

The Reverend Seth Wispelwey was not physically injured at the August 12, 2017, Unite the Right rally, but he said he was “wounded badly that summer.” Wispelwey is a plaintiff in Sines v. Kessler, and when he took the stand Wednesday, defendants questioned his Christianity and tried to portray him as a member of antifa.

Wispelwey, who grew up in Charlottesville, was an ordained minister with the United Church of Christ. In 2017, he co-founded Congregate, a group of local clergy whose purpose was to “show up in loving support for our community for what we understood would be a violent event,” he testified.

Friends and colleagues who were Black, Jewish, Muslim, and queer saw the Unite the Right rally as an “existential threat” and feared for their bodily safety, he said. Congregate held weekly sessions with singing, theological discussions, and training for “how to act lovingly in potentially volatile situations,” he said. “We were explicitly a nonviolent entity.” 

The group put out a national call for support, and religious leaders like Cornel West answered.

On August 11, Congregate held a prayer meeting at St. Paul’s Episcopal. “We felt called as members of the faith community to use that as an opportunity to respond and to tell a different story when people gathered,” said Wispelwey. 

An estimated 700 people assembled in the church. He called the evening “a mountaintop experience,” where the “spirit felt alive… It felt like a real manifestation of our motto, to concretely project love over fear.”

That mood changed. As the service was winding down, he learned of the tiki-torch march down the street at UVA. “We really didn’t want to create a panic,” he said. Congregants were told there was a situation and they were “going to keep singing and no one is going out the front doors.”

Worried clergy eventually started evacuating people in small groups out the back of the church, and it took until 11:30pm to get people rides and home safely, he said.

Early August 12, Wispelwey attended a sunrise service at the historic African American First Baptist Church on West Main Street, then he walked with a group of clergy to what was then called Emancipation Park, where the Unite the Right rally was scheduled to take place.

A group of between 40 and 50 leaders and congregants linked arms outside the park around 8:15am. “It was a practical way of staying connected when there was a lot going on,” he said. And spiritually, “we wanted to communicate that we were there together.”

Unite the Righters had been entering the park from its southwest corner. The Congregate group moved to the steps on the southeast corner of the park, where several neo-Nazis broke through. “I heard yelling and ‘kill the faggot priests,’” said Wispelwey, adding that he was pushed and tripped into the bushes.

“It was a sobering moment,” he recalled. “We were rattled. We wanted to understand what had happened. We could feel the dread.”

Later, he was at Escafe on Water Street when he heard a car had hit people. He rushed to Fourth Street.

He remembers seeing a young Black woman writhing on the ground, two smashed cars, glass and blood, and bodies on the road. “I didn’t know what had happened,” he said. “It was awful.”

Wispelwey said he was diagnosed with PTSD, has night terrors, panic attacks, and has been unable to work full-time or go out socially as he once did. “I used to be an extrovert,” he said. “I don’t even know what I am anymore.”

After August 12, when the nation was trying to make sense of what had happened, Wispelwey wrote that “antifa saved my life.” He’d recently learned the term, and thought it was a catchall for counterprotesters against fascism, he testified.

A video showed shield-carrying League of the South and Traditionalist Worker Party members marching toward the park. “When League of the South was walking up, other counterprotesters moved bodily in front of us,” explained Wispelwey. “I was afraid… League of the South charged into them and they took the hit.”

Saying that antifa saved his life and later tweeting in 2019 that “Jesus was antifa” were like red meat to pro se defendants Richard Spencer and Crying Nazi Christopher Cantwell, who got to cross-examine Wispelwey.

Spencer asked what sola scriptura meant, a term Wispelwey said he hadn’t heard since divinity school, and asked him to recount the story of Jericho. “You are a pastor,” admonished Spencer. “This is the Bible we’re talking about.” He followed that with a question about what the Bible says about slavery—“if you have read it.”

Judge Norman Moon intervened when Spencer asked about how United Church of Christ followers go to heaven. Spencer told the judge he believed Wispelwey was an activist “claiming to be motivated by faith.”

The alt-righter asked the pastor if he believed “fellow Protestants are brothers in Christ.”

Said Wispelwey, “I don’t subscribe to the belief that, just because someone calls himself a Christian, that we share the same beliefs.”

Cantwell questioned Wispelwey for about 90 minutes, calling him “Seth” until attorney Roberta Kaplan objected. Cantwell tried to link Congregate with antifa, and asked whether the clergy blocked entrance to the park. “You’re bodily confronting people whose political opinions you don’t like,” he accused.

Wispelwey said he was not blocking entrance to the rally and was making a stand and showing solidarity. 

Cantwell asked if he felt compelled to confront hate speech. “I feel called to show up in the name of love when people are in fear and under attack,” Wispelwey answered.

Cantwell took issue with a Slate article in which Wispelwey wrote, “God is not okay with white supremacy.” 

He also questioned a Wispelwey tweet that said, “Hate speech leads to physical violence…” Asked Cantwell, “Is that because your friends use violence against people who engage in hate speech?”

Replied Wispelwey, “I can’t think of any friends who engage in violence.”

Also on the stand on Wednesday was Marchus Martin, who was injured when James Fields accelerated into the Fourth Street crowd.

Martin, who is immortalized in Ryan Kelly’s Pulitzer Prize-winning photograph, said he pushed his fiance Marissa Blair out of the way as the car “hit me and tossed and turned me through the air.”

Martin’s left leg was shattered and he has two screws in his ankle, he testified. He couldn’t walk for eight months, and now he can’t play basketball or softball or lift weights.

Later, he was diagnosed with a head injury, he said. “I just was not feeling right,” experiencing anger and trust issues that made it difficult for people, including Blair, to be around him. “It pushed the best thing that ever happened to me out of my life.”

The last witness of the day was defendant Nathan Damigo, who founded Identity Evropa and was lauded in alt-right circles for punching a female protester in the face in Berkeley. Member and fellow co-defendant Elliott Kline was a major organizer of the Unite the Right rally, and on IE’s payroll. 

While in prison for pulling a gun and robbing a man who looked Iraqi, Damigo became a fan of KKKer David Duke, and he testified that he believed America was created for white people.

Damigo was a regular at Spencer’s Alexandria apartment, dubbed the “fash loft,” and he posted on Discord as “Fashy Haircut.” Was such usage “tongue in cheek?” asked Spencer on cross-examination. It was, agreed Damigo.

Damigo also came up with the idea of torch-lit marches in Charlottesville in May and August 2017. Asked if he knew torches and fire invoke Nazi Germany for Jews and their supporters, he replied, “I do not recall thinking of that.” Damigo did concede he was aware the KKK in the past had used “torch implements.”  

Because the four-week trial is moving slowly, court will continue Thursday, despite it being Veterans Day, a federal holiday.

Previous Sines v. Kessler coverage

Pre-trial: Their day in court: Major lawsuit against Unite the Right neo-Nazis heads to trial

Day one, 10/25: Trial kicks off with jury selection

Day two, 10/26: Desperately seeking jury

Day three, 10/27: Jury selection wraps up

Day four, 10/28: Plaintiffs and defendants make their opening arguments

Day five, 10/29: “I hear it in my nightmares,” says plaintiff Romero

Day six, 11/1: “I stopped being an outgoing, sociable person,” says plaintiff Willis

Day seven, 11/2: “Strike that”

Day eight, 11/3: Defendants fawn over Hitler

Day nine, 11/4: Quibbling about hate

Day 10, 11/5: League of the South takes the stand

Day 11, 11/8: “It gave me Nazi vibes”

Day 12, 11/9: False flags and missing evidence

Categories
News

Sines v. Kessler, day 11

Each day, we’ll have the latest news from the courtroom in the Sines v. Kessler Unite the Right trial. For coverage from previous days, check the list of links at the bottom of this page.

Marissa Blair narrowly missed getting hit by James Fields’ car when he plowed into a crowd of counterprotesters on August 12, 2017. Her best friend Heather Heyer was killed and her then-fiance suffered trauma that ultimately broke up their marriage. On Monday, she relived all of that in U.S. District Court as a plaintiff in Sines v. Kessler, the lawsuit that contends Unite the Right organizers conspired to commit racial violence.

With her hair in a ponytail and wearing a suit and heels, Blair, now an attorney who just passed the bar last month, took the witness stand.

She said didn’t hear about the August 12, 2017, Unite the Right rally until a couple of weeks before. She saw a poster for the event that had Confederate flags and Third Reich imagery. “It gave me Nazi vibes,” she testified.

“I ultimately decided I was going after the August 11 tiki-torch march,” she said. “It looked very intimidating. I decided to go to stand up for the people of Charlottesville.”

She and her fiancé Marcus Martin arrived downtown with her colleague Courtney Commander after the rally had been declared an unlawful assembly, and they met up with Heyer. They joined a “happy, joyous crowd” on Water Street. 

Attorneys played a video Blair took of the march. Jurors could see the diverse crowd on Water Street and then on Fourth Street. In front of Blair in the video is Heyer with a long, dark braid. And then the camera seemed to spiral out of control. 

“When you hear all the commotion, it’s when the car slams through,” she said. “The car barely missed me. Marcus pushed me aside.”

She described the terror, chaos, and confusion that followed. “We didn’t know what had happened,” she said. “I was looking for Marcus. I went to where we had been. I saw his red baseball hat.”

Her voice choked with emotion. “It was covered with blood.” People led her to Martin and she went with him to the hospital. There, she said, she learned Heyer was dead.

“I dropped to my knees and sobbed,” she said. 

Blair said she could count her friends on two hands, and Heyer was one of them. “She said I was an optimist and she was a realist. She cared about people.”

Physically, she said she was lucky compared to so many other people who were injured, including Martin, who had a broken leg. 

“My emotional scars were way worse than my physical ones,” she testified. “No one expects when you’re in that peaceful group that your friend would be killed standing up for what she believed.” She said she had survivor’s guilt and would ask herself, “Why is Heather gone when I’m still here?” 

She worried that she would lose a new job after August 12 because of difficulty focusing, and said she hasn’t been able to read a book since 2017.

Pro se defendant Christopher Cantwell, aka the Crying Nazi, asked how she had finished law school if she couldn’t read a book. “I did have to read to pass the bar,” she said, but it wasn’t as easy as before when she’d done well in school.

Cantwell focused on the video she shot, and wanted to know if she’d seen people wearing bandanas and goggles. 

“At the time that didn’t stick out in my mind,” she answered.

Monday’s testimony also included depositions from white supremacists who had come to Charlottesville for Unite the Right.

In 2017, Dillon Hopper was head of Vanguard America, the group with which James Fields was photographed throughout the day. Vanguard is a defendant in the case and the court has sanctioned it for failing to provide evidence.

Hopper was unable to recount names of the members of Vanguard, and yawned throughout his deposition. He said he’d met other defendants—Matthew Heimbach of Traditionalist Worker Party, Jeff Schoep with the National Socialist Movement, and some of the League of the South members—at a Pikeville, Kentucky, rally earlier in 2017.

Hopper said he was kicked out of Vanguard before the Unite the Right rally, and had talked to then-leader Thomas Rousseau after the murder. “He told me he let James Fields into the Vanguard America formation in Charlottesville,” said Hopper. “They didn’t know who he was.  They just gave him a shield to make Vanguard America look larger.”

The plaintiffs’ attorneys have entered scores of exhibits from Discord Charlottesville 2.0 server, where Unite the Righters planned the rally.

In one, Hopper wrote, “At this rally, violence is imminent.” He compared the injuries suffered to a surfer going into the water and getting attacked by a shark. 

When asked if he thought it was the counterprotesters’ fault they were hit by Fields’ car, he replied, “Absolutely. Yes.”

Hopper’s former Vanguard colleague Rousseau, a young man with long dark hair, also testified in a deposition. In an attempt to distance himself from Vanguard, Rousseau has started a new organization called Patriot Front.

Rousseau recalled discussing the rally on Discord with co-defendants Jason Kessler, Robert “Azzmador” Ray, and “maybe” Richard Spencer and Cantwell. 

He traveled from Texas in a 15-person van, but could only remember Ray and the first names of two fellow passengers.

He was asked to read a Discord post he made that contained racial slurs. “I try not to use vulgarity anymore,” said Rousseau. But in another post, he made clear he wanted Vanguarders at Unite the Right to let people know that “fascism is fucking beautiful.”

League of South’s Michael Tubbs can be seen on many videos charging through lines of counterprotesters. He testified from Florida on a spotty video feed.

Tubbs, who has long gray hair, a moustache, and is missing a few teeth, joined LOS, a neo-Confederacy group, in 2000, and said the group “represented my views on Southern nationalism.”

The League’s website describes those views:  “We see ourselves as the soul of the Hard Right. We will not compromise our vision of a southern homeland for whites.”

Tubbs said his group met with “similarly minded white nationalist groups”—Traditionalist Worker Party and the National Socialist Movement—at the Market Street Garage to march as a column to the rally at the statue in Lee Park.

A September 12, 2017, email from LOS founder Michael Hill to Tubbs and others said, “[W]e wanted a public confrontation in Charlottesville for the world to see and we got it.”

“Nobody wants a physical confrontation if they can avoid it,” testified Tubbs. However, several videos show him plunging into confrontations even once his group was in the park. “I was coming to the rescue of our friends who were beaten by communists,” he explained. 

Unasked by the attorney, Tubbs offered, “I will tell you, it was the proudest moment of my life that day on the streets of Charlottesville.”

And Tubbs’ brawling paid off for the League of the South. An email from LOS member Charlene Braun said, “I must admit for recruiting, I show videos of Charlottesville. What a total badass you are. You helped me recruit 20 some guys.”

Tubbs tweeted six different times that “James Fields did nothing wrong.” Initially Judge Norman Moon refused to let plaintiffs’ attorney Alan Levine enter them as evidence. After lunch he’d reconsidered. “I rather abruptly ruled that Mr. Levine could not put in the tweets,” he told the jury. “I’m going to allow him to insert all the tweets so they will be in the record.”

The final white nationalist of the day was Vasillios Pistolis with Atomwaffen Division, which Southern Poverty Law Center describes as a “terroristic neo-Nazi organization.” Pistolis brought a flagpole with staples sticking out of it to the rally and was seen in video wielding it like a baseball bat. His testimony was notable for the number of times he took the Fifth Amendment. 

He was beside Cantwell August 11 at the Thomas Jefferson statue at UVA. Asked if he’d assaulted a counterprotester, he replied, “I was never charged and I invoke the Fifth.”

A Discord post he made after August 12 said that an attendee “made antifa bleed yesterday by curb stomping,” a term he defined as slang for violence, “flawlessly” winning a fight.

With the four-week trial now entering its third week, there’s been some concern the trial won’t end by November 19. Moon floated the idea of having court Thursday, which is Veterans Day, a federal holiday, and said he’d run it by the jury Tuesday.

Testimony continues Tuesday at 9am.

Previous Sines v. Kessler coverage

Pre-trial: Their day in court: Major lawsuit against Unite the Right neo-Nazis heads to trial

Day one, 10/25: Trial kicks off with jury selection

Day two, 10/26: Desperately seeking jury

Day three, 10/27: Jury selection wraps up

Day four, 10/28: Plaintiffs and defendants make their opening arguments

Day five, 10/29: “I hear it in my nightmares,” says plaintiff Romero

Day six, 11/1: “I stopped being an outgoing, sociable person,” says plaintiff Willis

Day seven, 11/2: “Strike that”

Day eight, 11/3: Defendants fawn over Hitler

Day nine, 11/4: Quibbling about hate

Day 10, 11/5: League of the South takes the stand

Categories
News

Sines v. Kessler, day nine

Each day, we’ll have the latest news from the courtroom in the Sines v. Kessler Unite the Right trial. For coverage from previous days, check the list of links at the bottom of this page.

In 2017, Richard Spencer was the poster boy for the alt-right. More recently, he’s the defendant in Sines v. Kessler who was on the witness stand for over four hours Thursday. Much of his testimony involved quibbling over what he’d said in a 2020 deposition, texts, and other public statements.

This was the ninth day in the lawsuit against the neo-Nazis who led the violent 2017 Unite the Right rally in Charlottesville, and patience in U.S. District Court started to wear thin.

Plaintiffs’ attorney Michael Bloch, an attorney with lead lawyer Roberta Kaplan’s firm, questioned Spencer, who repeatedly said, “I don’t want to quibble” when his answers in court differed from earlier statements. 

“Do you believe the races should be separated?” asked Bloch.

“No,” said Spencer.

Bloch pulled up Spencer’s July 2020 deposition, in which he agreed that the races should be separated.

“That’s a semantic issue,” insisted Spencer from the witness stand.

“Do you believe Blacks and Hispanics are an underclass?” asked Bloch. Spencer replied no.

Bloch played a 2017 radio show in which Spencer said, “Yeah, a lot of these people are going to be an underclass we don’t want in our society,” specifically mentioning Black and Hispanic people, going on to say they have lower IQs and are predisposed to commit crimes.

Spencer continued to quibble on the stand. “Did I say there are average IQ issues between races? I’ve written books on this.”

He conceded he was an advocate for a white ethno-state, but disagreed that such a move would result in a race war. “I was trying to effect social change,” he said.

Bloch introduced a video in which Spencer proclaimed his ownership of a white America, and said, “For us it is conquer or die.”

In an April 2017 tweet, he wrote, “Our msg to antifa: WE WILL CRUSH YOU.”

On the stand, Spencer described his tone as “tough talk.”

Spencer acknowledged there were some racial slurs he would use privately, but not publicly, because “I don’t believe in demeaning anyone in public.”

In a secretly recorded tirade from just after the Unite the Right rally, Spencer can be heard saying “little fucking octaroons, my ancestors enslaved those little pieces of shit. I rule the fucking world. Those pieces of fucking shit get ruled by me.”

No doubt knowing this would come up, Spencer, who is representing himself in the trial, had mentioned the racist spiel in his opening statement to the jury, and said Thursday that was not his sincerely held belief.

“Moments like that capture my most childish, embarrassing sentiments, the animal brain, you could say,” he said. “I’m ashamed of it… That is me at my absolute worst.”

Spencer has maintained that he was merely an invited speaker to the Unite the Right, not an organizer.

In court, he admitted that he designated his close associates Greg Conte and co-defendant Elliott Kline, aka Eli Mosley, both with Identity Evropa, to deal with rally organizer Jason Kessler.

“I just didn’t want to talk to Kessler,” said Spencer. “I don’t really like him, to be honest.”

While Spencer has said he was not on the Discord Charlottesville 2.0 server, where plans for Unite the Right fomented, “you didn’t say that Conte was,” said Bloch.

“The only person I would really deal with was Greg,” said Spencer.

Kline has also testified that he was on the Discord leadership chat for Charlottesville 2.0.

Bloch also asked about Spencer’s relationshop with neo-Nazi Matthew Heimbach, who was on the stand Wednesday. Heimbach testified he’d had maybe one conversation with Spencer and that they talked about their families. On Thursday, Bloch asked Spencer if the two had talked about white nationalism. “That topic is so broad,” said Spencer. “I’m sure it came up.” He called the difference between talking about family and white nationalism “semantics.”

During Spencer’s deposition, which Bloch played, he said he and Heimbach had talked about “the big picture stuff” regarding white nationalism.

In court, Spencer complained, “I just said yes. I don’t know why you keep asking.”

By then Moon seemed to be annoyed with the attorney’s method, and had interrupted several times. “What is the point?” queried the judge. “Are you testing his memory? Are you trying to impeach him? I think you would agree any lawyer worth his salt would know the answer before asking.” He added that “quibbling” over the terms was taking a lot of time.

Quibbling continued to be the theme when the court reconvened after lunch. Spencer called Chris “Crying Nazi” Cantwell an acquaintance, and said he’d exchanged seven texts with Cantwell and one phone call.

Bloch had produced records showing 88 texts between Cantwell and Spencer in a six-week period. Spencer said that he was counting “instances” of communication, not actual texts.

“This is becoming time-consuming,” said Moon. “We’ve gone through this exercise. That’s enough.”

Bloch said he wanted to correct the impression Spencer left with the jury, and he produced phone records of three phone calls as well.

“A five-second phone call,” scoffed Spencer, looking at the records. “I probably didn’t count that. I might not have counted calls that were not answered. I’m not trying to lie.”

More quibbling came when Spencer said he didn’t lead the August 11 tiki-torch march on UVA Grounds. A video introduced as evidence has Spencer saying, “I was in the lead.” And a text from Kessler told him to come to the front. 

“I was certainly at the front,” testified Spencer. “We could quibble about who led.” 

Spencer maintained he saw no violence that night, only a little pushing and shoving. He said the hundreds of torch-bearing neo-Nazis that surrounded the 30 or so students at the Thomas Jefferson statue in front of the Rotunda were merely “occupying space” to get their message of “dominance” out. “It was not about violence,” he said. 

Plaintiffs Nataie Romero and Devin Willis, then UVA students, have both testified they were pepper sprayed and called racial slurs that night at the statue. Cantwell pleaded guilty to two counts of assault and was banned from Virginia for five years.

A photo of police dragging Spencer out of the former Lee Park on August 12 was entered. “We passively resisted,” he said.

“You screamed at police officers they’d have to drag you out of there,” said Bloch, noting that police maced Spencer.

After the rally was declared an unlawful assembly, Spencer, Conte, and co-defendant Nathan Damigo came up with talking points, according to texts: “The police broke up a peaceful assembly. Forced us into a dangerous space with antifa.”

“You claim you wanted to give a speech at Unite the Right,” said Bloch. “You wanted to hear other speakers. You wanted it to be peaceful. None of that happened.”

“It was tragic,” said Spencer.

“That sounds like the right thing to say in court,” said Bloch.

“It’s true,” said Spencer.

Bloch entered another exhibit with Spencer on a show called “Goytalk” that happened long enough after August 12 that he’d grown a moustache. Spencer said of Unite the Right, “That sense of togetherness and boldness and power. It was amazing.”

“You thought Charlottesville was amazing because you accomplished exactly what you set out to do,” said Bloch.

“Absolutely not,” said Spencer.

Testimony continues Friday with Cantwell’s cross examination of fellow defendant Spencer.

Previous Sines v. Kessler coverage

Pre-trial: Their day in court: Major lawsuit against Unite the Right neo-Nazis heads to trial

Day one, 10/25: Trial kicks off with jury selection

Day two, 10/26: Desperately seeking jury

Day three, 10/27: Jury selection wraps up

Day four, 10/28: Plaintiffs and defendants make their opening arguments

Day five, 10/29: “I hear it in my nightmares,” says plaintiff Romero

Day six, 11/1: “I stopped being an outgoing, sociable person,” says plaintiff Willis

Day seven, 11/2: “Strike that”

Day eight, 11/3: Defendants fawn over Hitler

Categories
News

Sines v. Kessler, day seven

Each day, we’ll have the latest news from the courtroom in the Sines v. Kessler Unite the Right trial. For coverage from previous days, check the list of links at the bottom of this page.

By the start of the seventh day in court Tuesday, three witnesses had taken the stand, and Sines v. Kessler plaintiffs’ attorney Roberta Kaplan worried that at this rate, the four-week trial would go beyond November 19.

Federal Judge Norman Moon also apparently had concerns. “We spent a lot of time with the witness saying the same thing,” he said. “We don’t need to do that eight times.”

Plaintiff Devin Willis testified Monday and spent 90 minutes on direct questioning, said Kaplan, while he was cross-examined for five hours.

Part of the issue is the sheer size of the civil lawsuit, in which nine plaintiffs allege that two dozen organizers of the deadly 2017 Unite the Right rally conspired to commit racial violence. The handful of defense attorneys, as well as the defendants who are representing themselves, all get to cross-examine the witnesses—and some of them like to talk a lot. On top of that, the plaintiffs have listed 31 witnesses.

Much of the day was spent with defendant Matthew Heimbach, head of the Traditionalist Worker Party in 2017, on the stand. The court has already sanctioned Heimbach for failing to turn over evidence during discovery. Heimbach blamed his ex-wife for destroying his electronic devices and deleting his social media accounts.

Heimbach says he was “partially inspired” by Hitler and that at some events, followers would exclaim, “Heil Heimbach.”

Defense attorney Josh Smith objected to the descriptor “Nazi salute,” and informed the court it was actually a Roman salute. He also objected to the use of “white supremacist,” and Moon asked plaintiffs’ attorney Karen Dunn to use “a non-perjorative like white nationalist.”

Exhibits showed that neo-Nazis planned the Unite the Right rally on a Discord server called Charlottesville 2.0. The Traditionalist Worker Party had its own server, where Heimbach called for the “total destruction of Jewry.”

A defense attorney objected to the number of exhibits and Smith asked why Dunn referred to a February 14, 2018, post as “Valentine’s day.”

At that point Moon observed, “I think [Heimbach] has established his feelings toward Jewish people.”

The exhibits showed that organizer Jason Kessler and Heimbach discussed the white polo shirt and khakis dress code, and that Kessler worried about KKK members showing up in robes.

In his deposition, Heimbach said Trad Workers had their own dress code: all black, because “black is a good color to hide blood. Blood on white polos is not a good look.”

On the stand, he said there were multiple reasons his group wore all black.

Heimbach invited two skinhead groups, known to be violent, to Unite the Right, said Dunn. “I said they were rough around the edges,” countered Heimbach, who added the groups were supposed to act as a deterrent to antifascists.

Heimbach and his best friend and codefendant Matthew Parrott, whose ex-wife Heimbach married, formed the Nationalist Front with the League of the South, the National Socialist Movement, and Vanguard America. The Front’s webpage described itself as “an alliance among organizations committed to the struggle for white nationalism.”

Dunn asked about the Trad Workers’ shields and helmets. Heimbach said that 12 transparent shields were police surplus and that some of the helmets his followers wore were actually hard hats.

On video from August 12, 2017, Heimbach is seen marching down Market Street with League of the South leaders Michael Hill and Michael Tubbs. A Discord post said that the allies may have to remove “commies from Lee Park,” as Market Street Park was then called.

Heimbach looks at the camera and says, “Just another day in the park,” before ordering, “Shields up.” The group surges forward, swinging shields at a female counterprotester while a Trad Worker is seen stabbing at counterprotesters with a rolled up flag.

The defense objected to the use of the word “stabbing,” and Heimbach said he can’t see clearly enough to say anything but that the man “used a flagpole vigorously.”

In the course of Dunn’s questioning, she said “strike that” multiple times when Heimbach went into lengthy explanations to yes/no questions. When asked if he couldn’t identify a Trad Worker marching with him because of his goggles, Heimbach responded, “Yes, because he might be pepper sprayed by antifascists.”

Dunn asked if Heimbach knew who DeAndre Harris, the counterprotester brutally beaten in the Market Street Garage, was. Heimbach answered, “He’s the man who viciously attacked a man on the street.”

By midafternoon, when Heimbach answered a question, “yes, because…” Moon interjected, “Please don’t say why.”

Moon also seemed to lose patience with defense attorney Smith, who asked to show a video of Harris before he was beaten. “This is not a law school,” Moon snapped. “Don’t ask me little questions.”

From Heimbach, jurors learned that the right wasn’t quite united. “Identity Evropa and the Traditionalist Worker Party had a fraught relationship,” said Heimbach, describing his group as working class, while IE was more “boat shoes, bougie types.”

Defendants Elliott Kline, aka Eli Mosley, and Nathan Damigo were Identity Evropa leaders.  

Alt-right leader Richard Spencer, acting as his own attorney, asked Heimbach how he viewed Spencer. Heimbach said it was complicated. “I kind of always viewed you as a bit of a dandy,” and said Spencer was not someone he would rely upon.

Defendants in the conspiracy case have tried to distance themselves from each other—despite Moon telling jurors conspirators don’t have to know each other. Heimbach said he’d had maybe one conversation with Spencer and they talked about their families. He also professed to barely know Kessler, Kline, and “Crying Nazi” Christopher Cantwell, another pro se defendant. Heimbach appeared on Cantwell’s “Radical Agenda” podcast.

Imagery of a car plowing into protesters continues to come up in the trial. Dunn introduced a post from Heimbach that read, “Leftist protesters blocking the road with weapons, threats, and violence making you fear for your life. #HitTheGas.”

Heimbach cited Reginald Denny, who was pulled from his truck during the 1992 Los Angeles riots after the cops who beat Rodney King were acquitted, and said, “You have no duty or responsibility for being beaten in your own car.”

James Fields struck four of the plaintiffs when he accelerated down Fourth Street, and he was convicted of the murder of Heather Heyer.

The day began with former Identity Evropa member Samantha Froelich’s videoed deposition. Froelich lived with Kline in Greenville, South Carolina, and in Leesburg, and she elaborated on his and Spencer’s hatred of Jews. She was at Charlottesville 1.0, the white supremacists’ first foray with tiki torches here in May 2017, where she was “physically intimate” with Spencer, she said.

Kline called himself an “un-ironic exterminationist,” she said. He worked for an exterminator and said “he wished he was killing Jews instead of cockroaches,” she testified. When asked how often he said this, she replied, “Every day.”

The use of torches harkened to an aesthetic the alt-right liked. It was “the easiest way to look intimidating,” said Froelich.

Kline, she said, saw Unite the Right as the start of RaHoWa, which stands for “racial holy war.”

She said, “It was his chance to lead white people into battle.”

According to Froelich, Kline said right-wing death squads would be at the rally. And at alt-right parties at Spencer’s Alexandria house, attendees discussed what sort of weapons they could bring to Charlottesville that wouldn’t look like weapons, such as a flagpole with a knife hidden in it, she testified.

Froelich did not attend Unite the Right. “I was afraid there would be violence.”

She left Identify Evropa and the alt-right in October 2017, and now works with an organization called Life After Hate. “I do try to help people who leave,” she said.

The trial continues Wednesday with Cantwell’s cross-examination of Heimbach, and “it’s definitely going to take more than 13 minutes,” Cantwell told the judge.

Previous Sines v. Kessler coverage

Pre-trial: Their day in court: Major lawsuit against Unite the Right neo-Nazis heads to trial

Day one, 10/25: Trial kicks off with jury selection

Day two, 10/26: Desperately seeking jury

Day three, 10/27: Jury selection wraps up

Day four, 10/28: Plaintiffs and defendants make their opening arguments

Day five, 10/29: “I hear it in my nightmares,” says plaintiff Romero

Day six, 11/1: “I stopped being an outgoing, sociable person,” says plaintiff Willis

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Sines v. Kessler, day four

Each day, we’ll have the latest news from the courtroom in the Sines v. Kessler Unite the Right trial. For coverage from previous days, check the list of links at the bottom of this page.

With a jury finally seated, opening statements began Thursday in Sines v. Kessler, the lawsuit filed by nine locals against organizers of the 2017 Unite the Right rally. 

Plaintiffs’ attorneys laid out their case that the two dozen defendants conspired to commit violence when they came to Charlottesville. The defendants’ attorneys—and two defendants who are representing themselves—contended that the case was an issue of free speech, and no matter how hate-filled their speech is, it’s protected.

Before the lawyers started talking, Judge Norman Moon instructed the jury on conspiracy, which he said is an unlawful partnership among those who have an unlawful objective—even if they don’t know each other. “By its very nature, conspiracy is clandestine and covert,” he said. Plaintiffs may use circumstantial evidence, he added.

It was an emotional day for the plaintiffs, who were in the federal courtroom for the first time since the trial began Monday. 

Plaintiffs’ attorney Karen Dunn played videos from the tiki-torch march through UVA grounds on August 11, when the ralliers chanted “Jews will not replace us.” She also showed footage of James Fields accelerating his Dodge Challenger into a crowd of counterprotesters. Initially the sound wasn’t working, and she called for a pause. “We think it’s important that the jury be able to hear as well as see,” she said. (The press was unable to see anything from the video feed during the plaintiffs’ opening.)

Dunn promised the jury they’d see lots of evidence, and indeed, the plaintiffs’ attorneys have filed a 54-page list of the exhibits they plan to introduce, and have named 31 witnesses.

She showed a message alt-right leader Richard Spencer wrote: “We have entered a world of political violence.” Organizer Jason Kessler wrote to Spencer, “We’re raising an army my liege, for freedom of speech and the cracking of heads if necessary.”

And then there’s the cache of documents Unicorn Riot leaked from Discord’s Charlottesville 2.0 server, with chat rooms where many of the defendants planned Unite the Right. They discussed using shields, pepper spray, and flagpoles as weapons with “plausible deniability,” she said. They called pepper spray “gas.” Dunn warned the jury that “gas the kikes” was something it would hear a lot in this case.

“The defendants never expected their planning to see the light of day—or the inside of a courtroom,” said Dunn. 

Attorney Roberta Kaplan told the jury what the plaintiffs were doing that weekend. UVA students Natalie Romero and Devin Willis, then 20 and 18, joined the 30 or so students August 11 at the Thomas Jefferson statue. They heard the chants, they saw the Rotunda lit up by torch light, and they were terrified, said Kaplan. The students linked arms and were surrounded by hundreds of neo-Nazis, who screamed at them, pepper sprayed them, and kicked them. “Devin thought he was literally going to die,” she said.

On August 12, Romero and Willis headed to Emancipation Park (now Market Street Park), and were sprayed and assaulted once again, said Kaplan. Romero was thrown on the hood of a car. “Tragically that was not the only contact Natalie had with a car that day.”

Many of the plaintiffs joined a celebratory group marching down Water Street. Chelsea Alvarado was beating a large blue drum strapped across her chest. April Muniz wanted to document what was happening. Marcus Martin and his fiancee Marissa Blair marched with their friend Heather Heyer. Thomas Baker had recently moved to Charlottesville and wanted to show support for his new community.

Martin, Romero, Alvarado, and Baker were all hit by Fields’ car. Kaplan showed an image of Alvarado’s drum near Romero’s blood. 

Martin’s shoe came off and was lodged in the grill of the Charger. “These are the shoes,” said Kaplan, holding them up. “Shoes are stronger than human body parts.”

She said, “The evidence you see will be overwhelming. By the end of trial it will be clear the defendants conspired to commit violence.”

Not surprisingly, the defense disagreed. 

Attorney James Kolenich, who represents Kessler, Nathan Damigo, and Identity Evropa, told the jury that antifa, who don’t like Kessler, fascists, and neo-Nazis, were a big part of the case. “No one likes fascists or Nazis,” he acknowledged. “In many cases the defendants aren’t likable people.”

Kessler, he said, “did not know someone would come from out of town with a car.” 

Spencer, who was seen coming into court with a stuffed animal he called his “emotional support animal,” is representing himself. He stressed that he was an invited guest to the Unite the Right rally and had no hand in the planning. Some of the evidence, he conceded, such as a racist rant he made after the rally, would be embarrassing. ”I said things that were shameful and that I might never live down.”

He invoked retired Supreme Court Justice Anthony Kennedy and poet Robert Burns, and was interrupted three times by Moon, who told him to stick to the facts and not get into arguments.

Radical Agenda podcaster Chris “Crying Nazi” Cantwell, the other pro se defendant, urged Republicans to “stop fearing accusations of racism,” mentioned Mein Kampf, and disputed that all men are created equally.

“Tell the jury about your defense,” instructed Moon.

Cantwell told the jury that he’s an entertainer and he’d like to make the plaintiffs laugh. He said he was fired from a broadcast job for using the n-word. “My mouth gets me in trouble.” He is in jail now because he “threatened a Nazi who threatened a woman I wanted to marry.” He informed jurors three times that he is smart. 

With a bit of prescience, Cantwell said he wore a body camera to the Unite the Right rally because he knew if he went to court, “I’d be a profoundly unsympathetic defendant.”

He urged the jury to send a message to “violent communists” and said that “calling someone a racist isn’t an excuse to abuse the legal system and take a month out of your life.” The trial is scheduled to run four weeks.

Attorney Eddie ReBrook, who was taken to the emergency room earlier in the week, told the jury that he wasn’t going to try to humanize the defendants. “You won’t emerge from this trial liking the defendants.”

He represents the National Socialist Movement, its former head Jeff Schoep, and the Nationalist Front, and called his clients some of the most “notorious” in the case. They had nothing to do with the torch march or James Fields, he said, noting that it was better to keep Nazis out in the open. 

Once again, Moon reminded him jurors must make a decision based on the evidence.

ReBrook told jurors, “Don’t let lawyers from out of state come down to violate the First Amendment.” 

That drew a complaint from Kaplan, who is from New York.

ReBrook then quoted Nazi-killer Brad Pitt in Inglorious Basterds.

An exasperated Moon responded, “Mr. ReBrook, I don’t know why you don’t understand. Jurors only look at the evidence.” The ramifications of the trial have nothing to do with their verdict, nor is the court the place to send a message, said the judge.

Attorney Josh Smith, who represents Matthew Heimbach, Matthew Parrott, and the Traditionalist Worker Party, continued the argument that his clients were not involved in a conspiracy and that the case was a free speech issue. He said the defendants had a permit for the Unite the Right rally, while counterprotesters did not. “There’s no right to counterprotest,” he said.

“Counterprotesters do not need a permit to be there,” said Moon. “Other persons had a right to protest. I’ve ruled. It’s over. Move on to another matter.”

The trial continues Friday with the plaintiffs’ first witnesses.

Previous Sines v. Kessler coverage

Pre-trial: Their day in court: Major lawsuit against Unite the Right neo-Nazis heads to trial

Day one, 10/25: Trial kicks off with jury selection

Day two, 10/26: Desperately seeking jury

Day three, 10/27: Jury selection wraps up

Correction, 10/29: An earlier version misspelled Chelsea Alvarado’s name.