Franklin Sain's racist and sexist anti-gun-control e-mails are protected free speech, attorneys say

franklin sain mug shot cropped.jpg
More photos, police report below.
Franklin Sain, the government contractor arrested last week after sending racist and sexist e-mails to Representative Rhonda Fields, a prominent backer of gun-control legislation (see our previous coverage below), has now been formally charged with two counts, including harassment-ethnic intimidation, by the Denver District Attorney's Office.

But Sain's attorneys argue that while his words were vile, they are protected free speech.

Back in 2005, as we've reported, Fields's son, Javad Marshall-Fields, agreed to serve as a material witness against Robert Ray, whom he'd seen murder a friend. But before he could testify, Marshall-Fields and his fiancee, Vivian Wolfe, were killed.

Ray is currently on death row for ordering the slaying of a witness in connection with another murder, this one in 2004 -- and Sir Mario Owens, convicted of spraying the car in which Marshall-Fields and Wolfe died with a dozen bullets, is also slated to die. However, appeals will keep those sentences from being carried out for years.

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Rhonda Fields.
This tragedy is among the factors that inspired Fields to run for state representative, and this year, she's been one of the leading forces at the legislature behind gun-control measures. Then, earlier this month, she received multiple e-mails traced to Colorado Springs' Sain, the chief operating officer for SofTec Solutions, based in Englewood. According to its website, the company is a frequent government contractor that has "staffed 298 recruiters nationwide for the U.S. Army," among other federal gigs.

Here's a typical example of the messages sent to Fields. Warning: They're explicit and uncensored:

I ordered a ton of new 30 round magazines today CUNTBAG.... go fuck yourself and your new law.... we wont [sic] abide by it.... CUNT NIGGER....
Another e-mail references former Arizona Congresswoman Gabrielle Giffords, who was severely wounded in an attack that killed several people, and another Colorado lawmaker, Beth McCann:
Watching you live, you are a pathetic NIGGER CUNT along with MCANN [sic], two cunts who are way overdue a good fucking...and hopefully somebody Gifords [sic] both of your asses with a gun....you are both pieces of monkey shit who have no right or reason to be in the position you are....fuck off cunts....
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Rosemary Harris Lytle.
After the news of Sain's arrest, he was suspended from his job at SofTec -- not a strong enough action, according to Rosemary Harris Lytle, president of the NAACP Colorado Montana Wyoming State Conference, who subsequently called for his firing.

Then, yesterday afternoon, the Denver District Attorney's Office announced the charges it will be pursuing against Sain: attempt to influence a public servant, a class-four felony, and harassment-ethnic intimidation, a class-one misdemeanor.

Hours later, Sain's attorneys, Siddhartha Rathod and Qusair Mohamedbhai, argued that both of the counts should be dismissed on First Amendment grounds.

Continue for more about the charges against Franklin Sain, including our original coverage.



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20 comments
Mmlloo
Mmlloo

It's spelling not grammar LOL.  I love the way conservatives jump to the conclusion that any criticism is liberal criticism.  You have no evidence to assume I'm male or female , liberal or conservative, earthly or alien from another planet.  Your comment stood out for the spelling error, no other reason.

Tommy Thomas
Tommy Thomas

Everyone has the right to be a racist, intolerant douche nozzle, sexist, asshole.  But this looks like a threat to me...

All Niggers Back to Africa
Fuck You
Fuck Your Laws
I Keep my 30 Round Magazines
There Will Be Blood!
I'm Coming For You, Nigger Bitch.
Violence is the last resort of someone who has no logical argument for their point of view.  Wait, I was wrong... The FIRST resort.

Tommy Thomas
Tommy Thomas

Wow, what a complete dumbass!  I understand some "patriots" disagree with public safety, however he was legally allowed to own guns.  If he is convicted, the government will take his guns away...  Way to shoot yourself in the foot, dumbass!!!!


JimTom
JimTom

I'm sure all of you trashing the lawyer were right there behind him when he was gerttting the cops charged. Hippocrates

Cognitive_Dissident
Cognitive_Dissident topcommenter

"That's a matter of opinion, of course."

No, it's not. It's a matter of "beyond a reasonable doubt."

Doug Hubka
Doug Hubka

I think a jury may say this guy was over the top . It would be sad if a jury in this state agreed with the defense on this.

Suni Daze
Suni Daze

threat threat threat !!!! LOCK HIM UP

Mark D Eilenberger
Mark D Eilenberger

Sheila, Muhammad would be branded a terrorist if he threatened a White Republican man. It's open season on everyone else.

Shelia Canfield-Jones
Shelia Canfield-Jones

well if his name had been Mohamd he probably would be tagged a Terrorist. So many of our laws should apply to every American citizen not just a few. Free speech is saying "I don't like these gun control laws." No saying you hope someone is shot like someone else was isn't free speech thats a threat.

Stacey Rogers
Stacey Rogers

This has been posted before. (DenverPost?) Sain hoping someone "Giffords" her is one thing, maybe free speech. But elsewhere in that or one of the other emails, he directly threatened her...not free speech. His attorney is reaching.

Brad McHargue
Brad McHargue

Does he say he hopes it happens to her? If so, yes. If he says he will, then it's a threat.

Mmlloo
Mmlloo

@JimTom Hmm, do you mean "hypocrites?"  Hippocrates is the father of medicine--- Hippocratic oath, etc.

michael.roberts
michael.roberts moderator editortopcommenter

@Doug Hubka Be interesting to see what happens. Thanks for the post, Doug.

michael.roberts
michael.roberts moderator editortopcommenter

@Shelia Canfield-Jones Interesting post, Sheila. Thanks.

DonkeyHotay
DonkeyHotay topcommenter

@Shelia Canfield-Jones 

When "hope" is outlawed, only outlaws will have hope.

Hope that helps.


JimTom
JimTom

I love liberal who's only comment are on people spelling an typing. Do you actually have a comment on the story or my comment? didn't think so, all you can do is correct grammer.

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