In criminal trials, defendants may raise First Amendment defenses when charged with speech-related offenses, as demonstrated in the Shiloh Hendrix case where the defense argued that charges for using a racial slur constitute an attack on free speech rights, while the prosecution contended that such speech qualifies as 'fighting words' likely to provoke immediate violence and breach of peace.
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Trial of Shiloh Hendrix continues with Day 4
Added:Starting in the courtroom tonight, the jury is still in deliberations in the Shilo Hendricks case. Hendricks is facing charges for allegedly using a racial slur against a child in a Rochester park last year. Closing arguments took place earlier this morning. KIMT News 3's Griffin McCrovitch has been following the all the developments in the trial for us this week. Griffin, what happened today and where do things stand at the moment?
>> Yeah, Sam, we are now in day four of this very lengthy misdemeanor trial here. Let me catch you up on what we started with. The judge began by questioning the jury on their integrity.
If you remember my report from yesterday, Sam, it was revealed to us that a local media outlet received a Facebook comment saying that one of the reporters had been in contact with the jury, which is illegal that could have been mistrial if that was the case, but all the jury members denied having any conversations about this court this trial outside of the courtroom. Now, the defense then called in the RPD detective who first interviewed the father of the boy. If you remember yesterday, we heard from the detective that gave us the second interview, and now we heard the first interview, and we got some information come to light today. The detective says that the father never cried or acted overwhelmed during the entire 40 minutes to 1 hour interview, and that he never mentioned the possibility of Hendricks ever hitting his child or the fear of Hendricks striking his child, which was mentioned in the second interview.
The the detective also mentioned that multiple families had contacted RPD claiming to be the parents that were affected by the situation. Now, after this the RPD detective was dismissed, and the defense then went after the second GoFundMe that was set up to benefit the father, and the judge was having none of that. The judge explained that anybody can post anything on the internet these days, and that he would the defense would need far more proof like a representative from GoFundMe to prove that this was a real account. Now, there was a back-and-forth between the defense and the judge, and the judge blew up saying that the defense would be found in contempt of court if he continued, and he stopped that line of questioning right there.
Hang on a second. Bear with me here.
Now, closing arguments, this is the main part. Prosecution says that this is a straightforward trial and it's not a matter of emotions or speculation.
They're arguing that Hendricks' words do fall under the legal definition of fighting words, meaning that they're likely to provoke an immediate violent response from whoever they are spoken to, and that her conduct, chasing after the child, yelling, and being confrontational in the park was a breach of the peace and was disorderly. The defense is saying that this is all an attack on our first amendment rights and that this trial is a culmination of years and years of cancel culture festering in America, now finally coming into our legal system.
Uh the defense is saying that the father is a total liar and that the only reason he had gone in to the police about the situation was because he believed he could profit off the situation. I think it's worth mentioning that both parties have profited off the situation. Um the father of the boy has received $336,000 and Shiloh Hendricks has received well over $800,000 as a result of this event.
Now, um after these after these closing arguments, uh it was turned over to the jury. They are now They've now been deliberating for the past 5 hours, Sam, and we could be expecting to reach a verdict anytime tonight or maybe tomorrow morning. But we will be sure to follow it and give you guys the latest.
Live in Rochester, I'm Griffin McCrovic for KIMT News 3. Back to you, Sam.
>> Thank you so much for all your live coverage, Griffin, and be sure to stay with us for continuing coverage when a verdict is reached.
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