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Breaking News!

June 25, 2006 (5:05pm.pst)

San Diego City Attorney Refuses To Prosecute

Retired Judge Who Committed Hate Crime

Against Local Christian Activist:

-Judge Harry Albert Best Admitted To Police That He Made

Threatening Telephone Call in June of 2005-

(JHR) Following a one year investigation by the San Diego City Attorney's Office, City Attorney Mike Aguirre has refused to prosecute a retired judge who acknowledged making a threatening telephone call in June of 2005 to local Christian activist James Hartline.  Exactly one year ago today, Hartline filed a formal complaint with the San Diego Police Department after he received a recorded hate message on his home telephone that contained an extremely profane and potentially life threatening attack based on Hartline being a Christian.  Cox Communications identified the telephone number where the call originated as "858-277-3242".   An internet telephone search identified a person named "F Best" as the registered owner of the telephone number.

      The severity of the attack based specifically on the fact that Hartline is a Christian caused the well known San Diego activist to believe that the caller's hate was at such a level that violence could insue.  The recorded message stated:

"And may God f*ck you in all your endeavors.  You are a sick son of a b*tch.  Jesus Christ,  you born again, bible bigot mother fu*kers.  Somebody should really do something about you and I hope does. Sadly, we live with this new society of sick people. You are the sick version, you born again, sick fu*k Christian.  You're like all the rest of the born again bigots and the facist government that now occupies Washington.  How sad it is to have creatures like you, when there are good creatures out there, who are worth their weight in gold.  You, unfortunately aren't worth your weight in sh*t."

End of message

     James Hartline has been the victim of several death threats and physical assaults by members of the San Diego homosexual community where he lives.  One such threat became the source of an international story in 2005, after World Net Daily reported that Hillquest, a San Diego gay business website, published a letter calling for the elimination of Hartline and other Christian activists like him (http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=45879).  Thus, when Hartline filed the police report on the June 24, 2005 threatening telephone call, local law enforcement took it seriously.

     On July 20, 2005, Hartline received a letter from the San Diego District Attorney's Office informing him that their office had listed him as a crime victim as result of the June 24, 2005 police incident report #05039622.  However, after two months, the district attorney's office had taken no further action on the matter.  Not knowing whether the person perpetrating the threat was going to commit further and more violent hate crimes, caused Hartline to continue to pursue justice with local law enforcement.  Finally, a San Diego Police detective picked up the case and after a brief investigation, called Hartline and informed him that they had identified the caller.  The officer told Hartline that the perpetrator was actually a retired judge named Harry Albert Best.

    Even more remarkable than the fact that a retired judge would make such a blatantly discriminatory and threatening telephone call, was the fact that the officer said that Judge Best actually admitted to him that he had made the telephone call and had threatened Hartline.  Nearly nine months would pass before Hartline would again hear from investigators on the matter.  On April 24, 2006, Hartline finally heard from the San Diego City Attorney's Office.  City Attorney Dispute Resolution Officer Michael T. Littlefield said in a letter to Hartline:

"Our office has received a law enforcement report which states that on June 23, 2005, you were involved in an incident with Harry Albert Best, in which you were named as a crime victim.  The case has been referred to the Dispute Resolution Office to look at possible alternatives to prosecution."

     Two weeks later, accompanied by Wiley Jones, an attorney with the Alliance Defense Fund, a nationally recognized Christian interest legal firm, Hartline entered into discussions with Littlefield on the Judge Best incident.  Littlefield acknowledged that Best was a retired judge, but refused to provide any other information about Best or his career on the bench.  During the one hour discussion, Hartline expressed his grave concerns that a former judge could commit such threats and not have been arrested after a one year investigation.  Littlefield offered little insight, stating that he had no idea why he was just now getting a referral after nearly a year since the police report had been filed.

      Hartline also informed Littlefield that if a Christian had made the kind of statements against a judge or a member of the homosexual community that Judge Best had made against him, that person would already have been charged and convicted.  Littlefield concluded the interview with Hartline and his attorney by stating that he would attempt to meet with Best and also find out where the city attorney's office was with regards to prosecuting Best.

     Two weeks later Littlefield called Hartline to inform him that the city attorney's office had declined to prosecute Judge Best.  He did say that he had met with Best directly and had determined that he felt the former judge would not pose a threat to Hartline in the future.

     Hartline, for his part, finds it extremely disturbing that a city attorney who prides himself on the career of Robert F. Kennedy and the civil rights movement of the 1960's, would now conveniently sweep under his prosecutorial rug the threats made by an anti-christian extremist like Judge Harry Albert Best.  Hartline states, "It is religious discrimnation and hypocrisy in its most vile form."

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