April 21, 2014

Mostly sunny

Facebooker: Bad taste is not a crime

MEDINA — The 20-year-old Columbia Station man accused of using social media to cheer on the gunman who killed 20 children and six adults at the Newtown, Conn., elementary school is asking that a criminal charge filed against him be dismissed, citing free-speech protections.

Medina police charged Joseph W. Resovsky with inducing panic after he posted “im so happy someone shot up all those little (expletives). VIVA LA SCHOOL SHOOTINGS!!!!” on Dec. 14, the day of the killings.

Resovsky filed a motion Wednesday in Medina Municipal Court asking Judge Dale Chase to dismiss the charge, a first-degree misdemeanor punishable by up to 180 days in jail and a $1,000 fine.

“This charge clearly abridges the Defendant’s freedom of speech and quite possibly freedom of the press as this post was published on Facebook,” Resovsky, who is representing himself in the case, wrote in the motion.

Resovsky argued that his Facebook post did not cause a panic, and therefore, did not violate Ohio law.

“This action, while in bad taste, in no way constitutes an offense,” he wrote. “The Defendant is permitted to express his feelings publicly. This right is guaranteed by the United States Constitution and the Ohio Constitution.”

Resovsky’s motion also argues that the Medina Municipal Court does not have jurisdiction in his case, because he wrote the Facebook post in Lorain County, not Medina County.

When contacted by a Gazette reporter Thursday, Resovsky declined to comment further. An arraignment hearing is scheduled Jan. 9.
According to the police report, Resovsky told officers he posted the message because he was tired of seeing all the comments on Facebook about the Connecticut shooting.

“He said he wanted to see how many people would write something on his Facebook page about the comment he left,” the report said.

The report stated that Resovsky said that “he never meant for the comment to offend anyone but he was just trying to make a point.”
Police learned of the Facebook post from a caller. Others mentioned it on the Medina Police Department’s Facebook page.

“There were quite a few posts where people were pretty upset by it,” Medina Police Chief Patrick Berarducci said last week. “I think it scared a lot of people.”

The caller who first alerted police said Resovsky’s Facebook page identified him as a Medina resident.

Resovsky told police that he had moved to Columbia Station but still works in Medina.

Contact reporter Kiera Manion-Fischer at (330) 721-4049 or kfischer@medina-gazette.com.

  • Demonhype

    This is terrifying, to think that saying something that upsets someone else can be prosecuted as a crime. Yes, what he said was disgusting and horrible, but free speech is not limited to popular speech. It was explicitly intended to protect the expressing of unpopular speech, in fact, since popular speech never needed protecting. If this guy can be given a criminal record for saying this, how long before members of other groups end up in jail because what they said upset someone? How long before, say, an atheist ends up in jail because some fanatics decided to call the cops on him for arguing religious subjects on Facebook, or simply expressing a viewpoint that upsets the believers who see it? Or an outspoken liberal ends up in prison because his publicly expressed views upset his right-wing neighbors or challenged a right-wing regime? And though what this guy said was completely without value*, for sure, a lot of very valuable conversations and arguments are highly likely to upset some people, particularly in the high luxurious end of the status quo.nn*This is the price we pay for living in a free country and ensuring that potentially good ideas are not silenced by a tyrannical majority–sometimes bad ideas will be expressed, but bad ideas can only be countered by good ideas and not by using criminal charges to stop other people from saying things you don’t like.

  • http://www.facebook.com/profile.php?id=100002988705668 Molly Santucci

    I am also very happy that someone shot up all those kids, too. Good for the shooter, he is my hero!!!!! I hope those Medina pigs come and arrest me. I could use the money!! Oink oink oink. I am also glad that the movie theater burned down, as well. OMG – I hope i did not incite any panic by you MPD douche bags. lol

  • http://www.facebook.com/profile.php?id=100002988705668 Molly Santucci

    I am also very happy that someone shot up all those kids, too. Good for the shooter, he is my hero!!!!!

  • http://www.facebook.com/profile.php?id=100002988705668 Molly Santucci

    Medina pigs should maybe take a cue from the Los Angeles County District Attorney, who probably has a lot more on the ball then those clowns do. http://www.tmz.com/2013/01/08/sandy-hook-massacre-alleged-copycat-shooter-kyle-bangayan-guns-arrest-threats/#comments-fullwrapper

  • http://www.facebook.com/profile.php?id=100003998430654 Johnny Swift

    I am sooo much in favor of school shooters it is unbelievable. Hooray for Sandhook shoorter! He is a hero!!!!! OMFG I am panicking!! I am ready to cum all over Patrick Berarducci’s face and I want to anally sodomize him for being sooo stupid. MPD piggies = fail!!