Andrew Osantowski will stand trial for the charges against him including making a threat of terrorism. For those of you who may not remember who Andrew Osantowski is…
Osantowski was arrested Sept. 16 after Idaho teen Celia McGinty became concerned upon reading his apparent plans in an Internet chat room for what he deemed a “rampage” at the Clinton Township public school. The girl told her father, a police officer, who in turn notified Clinton Township police. They then secured a search warrant that uncovered a cache of firearms at Osantowski’s home.
Macomb County Circuit Judge Matthew Switalski quashed the motion to have the terrorism charges dropped. Defense attorney/comedian Brian Legghio tried to get the charges dismissed stating the threats were protected under the First Amendment. The comedian himself had this to say…
Defense attorney Brian Legghio called Switalski’s ruling Tuesday “a great disappointment” and said it runs contrary to the facts of the case and the way the judicial system interprets the First Amendment. He also said he is consulting with the boy’s family but wants to appeal the ruling prior to Osantowski’s trial date next week.
“We feel the judge is wrong in his interpretation of the facts of the case and is buying the police logic of stringing together two ideas by inference to fit this charge,” he said. “When you criminalize any speech normally protected by the First Amendment, it has to be a true and unequivocal threat. You can’t criminalize the speech by reading into it what you think it means.”
Isn’t the first thing they teach you in lawyerin’ school is about yelling “fire” in a crowded theater?
If convicted on all charges Osantowski could be put away for 22 years. The trial is set to take place next week.