Judge Orders Retrial in Hate Crime Case Against Los Alamitos Man

In a rare action, a Superior Court judge on Friday ordered a new trial for a 27-year-old Los Alamitos man convicted of committing a hate crime against an Asian American man.

Chad Salisbury is accused of being part of a group of skinheads who assaulted Mark Sanjay David outside an Orange punk rock club last summer. Salisbury was convicted by a jury last April of committing a hate crime and faced a maximum eight-year state prison term.

During the trial, prosecutors presented evidence that the victim, whose parents are from India, was beaten unconscious in an unprovoked attack by Salisbury and a number of skinhead friends. David suffered a broken nose, fractured skull and other injuries in the attack and spent several days in intensive care.

Judge John J. Ryan agreed with Salisbury’s new attorney, Michael Sheldon, that defense lawyers in the first trial left out possible defenses. The judge said it would be a “travesty of justice” not to grant a motion for a new trial, scheduled to begin on Dec. 9.

“There is no question that Mark David was severely beaten by someone,” Sheldon said. “The problem is, it just wasn’t Chad.”

Sheldon said “significant new evidence” he intends to present at trial includes new witnesses, character evidence and the inclusion of the defendant’s Jewish background.

“He was raised Jewish and that makes it a lot less likely that he would be a member of a white supremacist group,” Sheldon said.

Albert David, the victim’s father, was outraged by the decision. “There were three witnesses who came forward and positively identified him as one of the suspects,” said David, who was not in court Friday. “He was found guilty and he was going to be sentenced. This is a travesty. It’s not right.”

Local Anti-Defamation League officials, who have assisted the victim, said Salisbury’s Jewish background should not have a bearing on the case.

Salisbury is known in the community as a skinhead, said the league’s Joyce Greenspan. “If someone is a racist and a hate-monger, then they are a racist and a hate-monger.”

Salisbury has contended that he did not take part in the beating and was mistakenly identified. After the three-hour hearing, he said, “I’m very happy. I’m very relieved.”

Deputy Dist. Atty. Tom Glazier declined to comment, saying only, “We’ll try him again.”