DENVER (AP) — In the run-up to the 2023 mayoral election in Colorado Springs, a racial slur was scrawled across a Black candidate’s sign and a cross set on fire in front of it.
It was a stunt to generate sympathy and support for the Black candidate, Yemi Mobolade, prosecutors have said, and two people accused of staging it are on trial this week, charged with making a threat against him.
The trial began Monday and Mobolade, the city's first Black mayor, testified as a victim.
“It felt very targeted against me, that symbol of hate, that history of the Klu Klux — KKK — was now directed toward me,” said Mobolade, who appeared to get emotional in the courtroom when seeing the defaced campaign sign.
One of the defendant’s attorneys argued their alleged actions were political theater — free speech that is constitutionally protected and wasn’t meant to cause harm.
“The cross burning was not a true threat; it was a stunt to draw attention to racism in Colorado Springs and mobilize voters for Mr. Mobolade,” said Britt Cobb, who's representing defendant Ashley Blackcloud.
Blackcloud previously claimed that Mobolade himself was a participant in the plan to help him win, telling The Associated Press that “this was a hoax in every sense of the word.” She said Mobolade knew in advance about their plans to burn the cross, but would not comment further, citing a court order that bars discussing information gathered in the case before the trial. Blackcloud, who is indigenous and Black, said the stunt was not intended to hurt anyone.
Assistant U.S. Attorney Candyce Cline argued Monday that, “to the rest of the world, and to the man whose name is on that sign, this is exactly what it appears to be, a threat, a true threat, a threat that violence is to come.”
While testifying, Mobolade said he learned about it after the incident, and has previously denied any involvement emphatically. Mobolade is expected to face questions from defense attorneys on Tuesday.
The second defendant — Blackcloud’s husband, Derrick Bernard, who jail records identify as Black — is serving a life sentence after being convicted last year of ordering the killing of a rapper in Colorado Springs. The man charged with carrying out the killing was recently acquitted, and Bernard is appealing his conviction.
“Derrick Bernard was not present at the cross burning, he did not plan it, and he did not direct it,” said his attorney, Tyrone Glover, in opening statements.
Cobb in court pointed out that the cross was set on fire in the middle of the night, which no one other than the defendants apparently saw. They are, however, accused of spreading word about it in emails to the media and others that include images of the scene.
They are each charged with using a means of interstate commerce — the internet and email — to make a threat and convey false information about an attempt to intimidate Mobolade with a fire. They are also both charged with being part of a conspiracy to do that. They have pleaded not guilty.
For Bernard and Blackcloud to be found guilty, prosecutors must prove they intended Mobolade to fear that violence would result from their actions, according to jury instructions in the case.
Earlier this month, U.S. District Judge Regina M. Rodriguez ruled that the alleged actions are not clearly protected by the First Amendment, which would have required her to dismiss the case.
“It is up to the jury to determine whether the cross burning was a true threat or merely political speech,” she wrote.
A third person indicted in the alleged scheme, Deanna West, pleaded guilty in March to one count of being part of a conspiracy to set the fire and then spread false information about it, under a plea agreement with prosecutors. According to that agreement, West's lawyer and government prosecutors agreed that the conspiracy’s goal was to interfere in the campaign of Mobolade’s opponent and create the belief that Mobolade was being discouraged from running because of his race.
West is also scheduled to testify for the government.
According to the indictment, Bernard communicated with Mobolade before the cross burning on April 23, 2023, and after Mobolade won the election in a May 6, 2023, runoff.
About a week before the cross burning, Bernard told the then-candidate in a Facebook message that he was “mobilizing my squadron in defense and for the final push. Black ops style big brother. The klan cannot be allowed to run this city again.”
They spoke for about five minutes on the telephone three days after the incident.
In a video statement posted on social media in December, Mobolade said he had fully cooperated with the investigation and had been truthful with law enforcement.
“I fully and truthfully cooperated throughout this investigation. I had no knowledge, warning or involvement in this crime,” he said.
Colleen Slevin And Jesse Bedayn, The Associated Press
