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Metzger Begins 6-Month Jail Term : Racism: Judge refuses to let white supremacist remain free after his conviction in cross-burning case.

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TIMES STAFF WRITER

White supremacist Tom Metzger began serving a six-month jail term Monday after a Superior Court judge rejected a plea that he remain free pending an appeal in his cross-burning case.

Judge J.D. Smith declined to release Metzger on his own recognizance. The judge said he had grown tired of Metzger using the case as a platform for his political views.

“What galls this court most is Mr. Metzger continues to tell the world . . . that his conviction was based on his philosophy,” Smith said. “That is not true. I don’t care about that. You can smirk or smile, Mr. Metzger, but this was a simple trial.”

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Moments later, the 53-year-old Metzger removed his belt and emptied the coins from his pockets as two Los Angeles County marshals escorted him to a holding tank.

Defense attorney Kevin S. Avery said Metzger will be held in a one-man cell in an isolated area of the jail to protect him from other inmates. Metzger will be escorted by two sheriff’s deputies each time he leaves his cell, Avery said.

Sheriff’s officials would not comment on any security measures to protect Metzger.

Metzger and three other defendants were among 15 hooded and robed men arrested the night of Dec. 3, 1983, during a ceremony in which the participants erected and set ablaze three towering crosses on private property in the Kagel Canyon area near Lake View Terrace.

Last October, Metzger and co-defendants Stanley Witek, Erich Schmidt and Brad Kelly were convicted of misdemeanor unlawful assembly. The jury deadlocked, however, on the more serious charge against Metzger of conspiracy.

Prosector John Phillips said Monday the conviction and Metzger’s incarceration sent a strong message that cross burnings and other racist behavior will not be tolerated in Los Angeles County.

“This was the first time the Klan had begun to show its face in the state of California in recent history,” Phillips said. “We like to think that this prosecution impeded the Klan’s activity here in California.”

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Outside the courtroom before he was placed into custody, Metzger, a former grand dragon of the Ku Klux Klan in California, remained defiant.

“Oh sure, I’m prepared to go to jail,” he told reporters. “I’ve got a lot of friends in jail already. . . . It doesn’t do much good to kill the messenger because the word is out. White people are pissed off all over the world.”

Avery said he has filed an appeal in the case. Smith set bail for the racist leader at $100,000. Avery told the judge the bail amount was “outrageous.”

Smith and Avery then engaged in a brief shouting match, with the judge charging that Metzger and the attorney had used the trial for political purposes.

“Do not tell me you think he was convicted for his thoughts,” Smith said. “It’s clear what the jury convicted him for.”

Witek was placed on probation and ordered to undergo counseling. Schmidt’s sentencing was postponed because his attorney is recovering from surgery.

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Kelly failed to appear at Monday’s court hearing and a warrant was issued for his arrest. Avery said Kelly had been unable to pay for transportation from his San Bernardino home. Kelly was planning to turn himself in to deputies at the Walnut or Industry sheriff’s station, the attorney said.

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