Defense attorneys for former Ku Klux Klan Grand Dragon Tom Metzger and three other white supremacists said the defendants' actions may have been "morally offensive" but charged they are being persecuted for their political beliefs.
The lawyers argued Wednesday the defendants did nothing illegal in attending a cross-burning ceremony Dec. 3, 1983, in a predominately black neighborhood in Los Angeles' Lake View Terrace. Burn permits were secured in good faith, and while the burning occurred on private property, organizers had the owner's permission, the defense said."No matter how morally offensive, despicable, bizarre or nutty their views may be to mainstream society, they have a right to express them," said attorney Kevin Avery, representing defendant Brad Kelly.
"What is important here is the actions these men took the night of Dec. 3, 1983," Avery told the jury. "What is not important is who they are, what they think, why they organized or for what purpose."
On trial along with Metzger and Kelly are Erik Schmidtand and neo-Nazi party leader Stanley Witek. They are charged with felony conspiracy and misdemeanor counts of unlawful burning and unlawful assembly.
All four face a maximum possible sentence of three years in state prison if convicted.
The defense case began Wednesday despite a flurry of last-minute motions, including a request that a mistrial be declared based on prejudicial comments allegedly made by presiding Superior Court Judge J.D. Smith.
Avery charged that transcripts of the trial are littered with sarcastic comments by Smith directed toward the defense. The attorney argued the comments have swayed jurors against the defendants.
But Smith quickly denied the motion.
The first witness for the defense was Metzger's son, John, who was 15 when he attended the cross-burning with his father and was not arrested.
Avery said the purpose of John Metzger's testimony was to show his father and the others were targeted for prosecution.