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Tipsheet

Alvin Bragg Justice: Daniel Penny Indicted, Anti-Semitic Hate Crime Assailant Given Sweetheart Plea Deal

Townhall Media

"Justice" in New York City can be a very confusing and backward concept, given whom authorities to aggressively prosecute, and whom they do not.  We recently told you about a convicted child rapist and murderer who was released from prison, who went on to violate the terms of his parole on several occasions, only to remain free.  With his unearned freedom, he allegedly committed multiple additional crimes, including a rape and an assault.  Critics tie this fact pattern directly to Empire State Democrats' so-called 'Less is More' law, which was passed and implemented in the name of equity and justice.  In this case, less time behind bars did provide an opportunity to commit more violent criminal acts, so perhaps the moniker is apt.  Here is another case outcome that is drawing scrutiny and outrage in the Big Apple, this time featuring a hate crime perpetrator:

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The victim of an anti-Jewish mob assault in Manhattan has spoken out slamming the plea deal that allowed one of his attackers off with just 18 months behind bars. Joseph Borgen, 31, was brutally beaten by a group of pro-Palestinian demonstrators in May 2021, as he made his way to a pro-Israel rally in Times Square while wearing a kippah.  On Tuesday, Borgen struggled to contain his fury as he delivered a victim impact statement at the sentencing of Waseem Awawdeh, 24, who was filmed beating Borgen with crutches, calling him a 'dirty Jew' and pepper spraying him. 'Why is he getting a break? I really can't fathom why he's getting a deal. Me, personally, I wanted to go to trial, I wanted to see full justice,' Borgen told the court, according to the New York Post. 

Manhattan District Attorney Alvin Bragg's office offered Awawdeh, who had faced up to seven years in prison, the 18 month sentence in exchange for his guilty plea to second degree attempted assault as a hate crime and criminal possession of a weapon...The attack on Borgen occurred during a spike in anti-Jewish crimes during a major flare in violence between Hamas and Israel in May 2021. Awawdeh infamously said 'I have no problem doing it again' after his arrest, according to prosecutors, adding: 'If I could do it again, I would do it again.'  Bragg's office said in a statement following Tuesday's hearing: 'No one should ever feel unsafe because of their religion, and we do not tolerate the anti-Semitic hate displayed by the defendant in this case.

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Other members of the violent mob are facing trial and could receive heftier sentences, but this man brutally assaulted someone because of his ethnic and religious identity -- and his pro-Israel political beliefs.  Notice that he didn't scream "dirty Zionist" while attacking the victim.  He shouted "dirty Jew."  The overlap of 'anti-Zionists' and anti-Semites is enormous.  The perpetrator of this clear-cut, textbook hate crime was also defiant, brashly stating his desire to do it all again, if given the opportunity.  Alvin Bragg's office cut him a sweetheart deal for a fraction of the prison time he was facing, with the main charge being second degree attempted assault as a hate crime.  What exactly is 'attempted' about beating and pepper spraying someone while hurling ethnic slurs at him?  The victim in the case begged the system to throw the book at his attacker, but Bragg's office begged to differ.  The convicted hate crime assailant's lawyer actually argued that his client isn't actually a bigot:

At sentencing, Awawdeh's attorney Peter Frankel vigorously defended his client and insisted he harbors no anti-Jewish sentiment.  'I'm a lifelong New Yorker, I'm a Jewish man. I have spent countless hours and days with [Awawdeh],' Frankel told the court, according to the Post. 'I have not seen anything whatsoever in my dealings with him to indicate that he is in any way anti-Semitic,' added Frankel, insisting that his client made a 'mistake' but 'has agreed to accept responsibility'. But in his impact statement, Borgen said he felt the 18 month sentence was too light. “What kind of message does this send – to everybody, to all victims of hate crime?” he said, according to the Post.  “Not just Jewish people but anyone who is a victim of a hate crime. You can say you won’t do it again, get arrested while on bail, do whatever you want, and you know what? We’ll give you a slap on the wrist – it’s okay!” added Borgen. Judge Felicia Mennin approved the plea agreement and sentence.

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The man's attorney has seen no evidence -- whatsoever! -- that his client is "in any way anti-Semitic."  Well, aside from the savage assault of a Jewish man while yelling "dirty Jew," which might be at least one clue.  Lawyers are supposed to say whatever it takes to help the people they're representing.  But prosecutors and judges don't have to effectively reward the shamelessness with weak plea deals.  One wonders how officials in New York will proceed if they catch this person:

The 34-year-old mom was pushing a stroller with her 3-year-old daughter inside at Jay and Tillary streets around 3:30 p.m. Monday when she and another woman passed each other on the sidewalk, police said.  The woman — who wore a blond wig — started yelling at the mom, and threatened to harm the little girl, cops said.  The mother got in the suspect’s way to block the crazed woman from the child in the stroller, police said.  But the suspect turned on the mom — pulling out a knife and stabbing her in the chest and multiple times in both legs, cops said. 

Maybe if they capture this assailant, her lawyer could argue that he or she has seen no indications of violence, and secure a nice, short prison sentence.  We'll see if the individual would even be held behind bars pending trial.  Less is more, after all.  Also, how interesting that no Good Samaritan appears to have intervened to help this young mother against this brazen and deranged mid-afternoon attack.  Totally unrelatedly, New York City authorities have been pursuing manslaughter charges against former Marine Daniel Penny, who was indicted by a Manhattan grand jury yesterday.  In case you missed it, here's how Penny recently described the altercation that led to the death of Jordan Neely:

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Keep in mind that this isn't just Penny's word against an unknowable, potentially alternative account from a man who is now dead.  There were many witnesses to the whole episode, and there's video.  Reportedly, some of the women on the train whom Penny sought to protect with his intervention have already proactively backed up his story.  They're grateful.  Even in a place like New York City, I suspect it will be very difficult to convict Daniel Penny for any crime, in light of the available facts of the case -- but it looks like Alvin and company will give it their best shot.  Priorities.

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