Prosecutors Seek Retrial in E-Mail Hate Crime Case

Saying the case is of national importance, federal prosecutors have decided to retry a former UC Irvine student on charges of sending e-mail threats to “hunt down and kill” Asian students.

Prosecutors disclosed their intention Monday in U.S. District Court when they successfully opposed a bail request by Richard Machado, 20, of Los Angeles, the first person in the nation to be tried on charges of committing a hate crime via the Internet. In November, a jury deadlocked in favor of acquittal, 9 to 3.

Outside court, Assistant U.S. Atty. Michael Gennaco, who heads the civil rights section of the U.S. attorney’s office in Los Angeles, said the government wanted to retry Machado because the case was “of national significance, and we expect to see more cases like this one.”

He told Judge Alicemarie H. Stotler that “it is important that there be a resolution.”

Stotler, commenting on the prospects of a second trial, said there was “some question about whether 12 minds will ever come to an agreement on this case.” She urged the prosecutors and defense attorney to discuss “some of the things we’ve alluded to today,” hinting that she would prefer to have the case resolved before the second trial begins Jan. 27.

Meanwhile, however, she denied bail, pointing out that Machado had fled to Mexico when he was first charged.

Machado’s attorney, Deputy Federal Public Defender Sylvia Torres-Guillen, has asked the judge to dismiss the charges. That request is pending.

Machado’s e-mail message, signed “Asian Hater,” warned that all Asians should leave UC Irvine or the sender would “hunt all of you down” and kill them.

“I personally will make it my [life’s work] to find and kill everyone of you personally. OK? That’s how determined I am. Do you hear me?”

During the trial, the prosecution contended that Machado’s threats were not protected speech but civil rights violations.

Prosecutors argued that by seeking to frighten the 59 students, most of whom are Asian, who received his e-mail threat on Sept. 20, 1996, Machado had sought to interfere with their right to attend a public university.

Machado testified that on the day he sent the message, he was bored and wanted to start a dialogue with people signed on to the school’s computer network.

He told jurors that his brother’s 1995 murder had left him with an “inability to concentrate” on his studies, causing him to fail classes and be expelled in the summer of 1996.

He recalled telling campus investigators, who quickly traced the e-mail to him, that he simply wanted to “mess around” and “meant no harm” by the message.

Most of the jurors said they believed Machado was merely a disturbed teenager who didn’t really intend to harm the students he targeted.

After the trial, even two jurors who voted to convict Machado urged the government to drop the case.

“It appears to me that this kid has serious problems,” said Delrey Tuttle of Westminster, who voted to convict Machado. “I don’t know if it will do any good reprosecuting him.”

Machado’s attorney cited some of the jurors’ comments Monday when she urged the judge to grant her client bail.

“Let’s face it,” Stotler said, “the first jury decided nothing.”

The judge pointedly questioned Gennaco when he announced that the government would as retry Machado.

“Is there new evidence?” she asked.

Responded Gennaco: “The evidence may be presented in a different package.”