6 Men Will Stand Trial in Burning of Cross in ’83

Six white supremacists who attended a 1983 San Fernando Valley cross-burning must stand trial on charges in connection with the incident, a Los Angeles Municipal judge ruled Wednesday.

After a month-long preliminary hearing, Judge Larry Paul Fidler ordered the six to stand trial for unlawful assembly, felony conspiracy to violate the municipal fire code and violation of the fire code. In addition, Stanley Witek, founder of the National Socialist Aryan Party, faces trial for possession of an illegal weapon, a club.

“The ruling is of great significance,” said prosecutor John Phillips. “The Ku Klux Klan has been burning crosses in a similar manner for 100 years, and this is the first time, to our knowledge, they’ve ever been held to answer for it.”

Kevin S. Avery, one of seven defense attorneys in the case, called the ruling “preposterous.” The men’s conduct “may have been Neanderthal, but it was not felonious,” he said.

Defense Surprised

“Frankly, I was surprised. They’re being held to answer in a politically motivated case. These guys have very unpopular fringe beliefs that are repugnant to the public and to the courts.”

Avery called the extensive legal proceedings related to the cross-burning “a waste of taxpayers’ money.” At least 10 judges have participated in proceedings of the case during the past three years.

The charges stem from the burning of three 20-foot crosses in a field about 150 yards from a predominantly black neighborhood near Lake View Terrace on Dec. 3, 1983.

Hooded men planted the crosses beside a Confederate flag and ignited them as part of a memorial to a white Los Angeles police officer slain by a black man.

The event was also meant to symbolize the union of the Aryan Nations, an Idaho-based white supremacist group, and the Ku Klux Klan organization in Southern California, according to testimony at the hearing by Peter Lake, a free-lance writer who infiltrated the groups and also attended the cross-burning.

Some Not Charged

Fifteen men, including Lake, who was not charged, were arrested in the incident. Charges against four ultimately were dropped because they wound up in federal penitentiaries for convictions on more serious charges, including the murder of a Missouri state trooper.

One man pleaded guilty, and two others, including Richard Butler, head of the Aryan Nations group, are being tried in separate misdemeanor proceedings.

Ordered to an arraignment in Superior Court on May 7 were: Tom Metzger, Witek, Thomas Miner, Winston Burbage, Brad Kelley and Erich Schmidt. Miner, who hosted the cross-burning, failed to appear for the hearing and a warrant was issued for his arrest.

Charges were dismissed against Irvin Alcorn for insufficient evidence. “He was clearly in attendance, but active participation had not been shown,” said Phillips.