April 2, 2008
Albuquerque Journal
Arguments Heard In Flag Case
Student May Face Fine, Jail Time
The prosecution and defense squared off in Bernalillo County Metropolitan Court on Tuesday in the case of a University of New Mexico student who ripped down a Mexican flag in September.
Student Peter Lynch has said he did so because it was flying at the administration building unaccompanied by the U.S. flag, a breach of flag protocol.
The incident sparked a firestorm last fall, with supporters of the student asserting that his actions were proper given the violation of flag etiquette. Others
accused him of being racist.
Among those in the gallery were camera crews from four television news stations.
Lynch is charged with a count of criminal damage to property. If convicted, he could be sentenced to up to six months in jail and a fine of up to $500.
The prosecution presented four witnesses and rested its case. Though the defense told jurors during opening arguments that Lynch would testify, it instead rested its case without calling a single witness.
Closing arguments are slated for 11 a.m. today.
During his opening statement, Assistant District Attorney Anthony Long told the jury that the case was about one issue: criminal damage to property.
“He saw that flag, he took that flag down, and he ripped that flag in half,” Long said.
Defense attorney John D’Amato Jr., conceded that his client tore the flag, but he told the jury Lynch did so only after approaching people at the university to complain about the Mexican flag flying without a U.S. flag.
“He’ll tell you to ensure that that flag not fly again unaccompanied, he destroyed it,” D’Amato said.
The flag was owned by El Centro de La Raza, one of UNM’s ethnic centers.
Center director Veronica Mendez-Cruz testified that she considered the flag to be priceless.
“It was given to us years ago by a student before he graduated,” she said. She also testified that the center never gave Lynch permission to rip the flag.