Man convicted of distributing antisemitic flyers is a no-show at appeal hearing
Neither the defendant nor his lawyer showed up at the hearing on their appeal.
This story was updated on Friday, May 8.
An Ohio man who was convicted in August on more than 160 littering charges related to the distribution of antisemitic flyers in Squirrel Hill and Shadyside — and who was fined more than $50,000 — was a no-show at the May 6 hearing on his appeal. His lawyer was absent as well.
The appeal was dismissed by Allegheny County Common Pleas Judge Thomas E. Flaherty.
But Brokaw and his attorney claimed they never got notice of the court appearance, and the appeal was reinstated by the judge. The new hearing is scheduled for June 3.
The charges stem from antisemitic literature thrown on May 18 from a Dodge Durango later determined to be owned by Jeremy Brokaw, of Zanesville, Ohio, according to Pittsburgh Police. Doorbell cameras caught the action and the vehicle’s license plate.
Brokaw was charged under two statutes: one prohibiting the authorization of littering from a vehicle, and one prohibiting littering on “any highway, or upon any other public or private property without the consent of the owner thereof.”
The flyers thrown from Brokaw’s vehicle contained classic antisemitic conspiracy theories including, “Every single word of the Jewish Talmud is satanic” and “The Protocols of the Learned Elders of Zion: The Jew’s Plan for World Domination.”
At an August hearing, District Judge Craig Stephens found Brokaw guilty of more than 160 counts. Each count carried a $300 fine. At the time, Brokaw’s attorney, Joshua Smith, attempted to raise First Amendment issues, arguing that police would most likely have charged Brokaw only once, or not at all, if the littered flyers didn’t contain antisemitic messages.
The judge was not swayed by that argument, and suggested the defense attorney could raise the issue if he appealed the verdict. PJC
Toby Tabachnick can be reached at ttabachnick@pittsburghjewishchronicle.org.
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