Alleged ‘hate crime hoax’ suspects request dismissal claiming First and Fourth Amendment Violations

COLORADO SPRINGS, Colo. (KRDO) - Defendants Derrick Bernard Jr. and Ashley Blackcloud have both filed motions to dismiss in their cases as they stand accused of allegedly staging a hate crime.

In April 2023, just before the Colorado Springs mayoral election, video of a burning cross in front of then-candidate Yemi Mobolade's campaign sign was sent to media outlets. The sign had also been painted with the "n-word." The cross burning was presumed to have been racist in intent, as Mayor Mobolade is Black.

Bernard and Blackcloud are accused of allegedly staging the cross burning, reportedly in an attempt to swing the upcoming election in Mayor Mobolade's favor.

In November, the two, along with Deanna West, were indicted for maliciously conveying false information about a threat made by means of fire: a burning cross in front of a campaign sign defaced with a racial slur.

This week, Bernard filed a motion to dismiss due to alleged First Amendment violations.

"The Indictment attempts to transform a protected political expression-- specifically designed to generate voter outrage and support for a candidate Mr. Bernard actively backed-- into a criminal threat," read the motion to dismiss, later adding, "The alleged conduct... was part of a calculated political strategy to generate voter outrage and support for his preferred candidate."

Bernard's lawyers argue there was never a "true threat" to Mobolade, and he did not intend for the candidate to feel threatened.

Ashley Blackcloud's lawyers have filed a similar motion to dismiss over First Amendment violations.

Bernard has also filed another motion to dismiss over alleged Fourth Amendment Violations.

The motion states that in May of 2023, officers executed search warrants on Bernard's car. While searching it, they seized a video camera. His lawyers say officers did not have enough probable cause for the search, and the seizure of the camera exceeded the scope of the warrant.

His lawyers also claim officers had search warrants for his cell phone and car, but not specify video recording devices to be seized. On May 30, lawyers say police tried to receive an additional search warrant for the camera, but this warrant was obtained after the camcorder had already been seized.