Fil-Am set to appeal sentence for threats

CHICAGO, Illinois – A Filipino-American from Cleveland, Ohio, who was sentenced to 46 months in jail after he pleaded guilty to eight counts of transmitting threatening communications, has filed an appeal before the United States Court of Appeals for the Sixth Circuit in Cincinnati, Ohio. This was learned Monday from Daniel R. Ranke, Assistant US Attorney based in Cleveland, when reached for comment by this reporter. Ranke is going to be counsel for the US government when the case is heard on appeal. David A. Tuason was sentenced on August 26, 2008 by Judge Donald C. Nugent of the US District Court of Northern District of Ohio after pleading guilty to six counts of mailing threatening communications and two counts of threatening Interstate Communications. Donna Grill, Tuason’s defense attorney, refused to comment when contacted by this reporter. Tuason remains under detention by the US Marshals and was also ordered to pay $800 in assessment. He was sentenced after he was indicted for allegedly using both the US mail and electronic mails in sending communications to multiple African-American men, including an Associate Justice of the US Supreme Court, a former NBA basketball player, musicians, news anchors, and a juvenile, in which Tuason threatened to kill the recipients. Tuason’s victims were located in Ohio and throughout the United States. While he sent the majority of his communications from the Cleveland area, he also sent communications from New York and Pennsylvania, as well as other parts of Ohio. In one of the communications, Tuason threatened to blow up the Supreme Court building. In other communications detailed in the indictment, he threatened to castrate, shoot or stab his victims. In addition to the threats, Tuason’s communications typically contained racial slurs, denouncing inter-racial relationships. As part of his guilty plea, Tuason admitted that his actions in transmitting the communications were motivated by racially based animosity toward individuals he believed to be involved in inter-racial relationships, as well as the children of inter-racial couples. “The defendant’s despicable threats are offensive to our nation’s fundamental values," said Acting Attorney General Grace Chung Becker for the Justice Department’s Civil Right’s Division. “The Justice Department is committed to vigorously prosecuting the federal laws, prohibiting violent acts motivated by ignorance and hate." “It was the persistence of the FBI over many years that resulted in this prosecution," said Acting US Attorney General William J. Edwards for the Northern District of Ohio. “We are gratified that the investigation not only solved cases involving nationally prominent victims but also redressed matters involving victims who are local residents of our community. Whether a citizen be ordinary or nationally prominent, no person should be required to endure the types of threatening communications involved in this case. Persons who may be tempted to send such communications either by US mail or by computer technology should realize that their actions will be investigated and prosecuted vigorously," Edwards said. “There is no room for hate crimes in a civil society," said Special Agent in Charge C. Frank Figliuzzi of the Cleveland FBI Division. “For 20 years, the FBI never gave up on a search for the writer of these violent and hate-filled letters and our dedication to this case reflects our dedication to tenaciously enforcing the civil rights laws of our nation." The maximum penalties for conviction on the charge involving the Associate Justice of the US Supreme Court are 10 years in prison, a $250,000 fine, and three years of supervised release following any period of incarceration. The maximum penalties for the remaining counts are five years in prison, a $250,000 fine, and three years of supervised release following any period of incarceration. This case was prosecuted by Assistant US Attorneys Benita Pearson and Dean Valore of the US Attorneys Office for the Northern District of Ohio with assistance from the Criminal Section of the Department of Justice’s Civil Rights Division. The case was investigated by special agents of the FBI Civil Rights Squad in the Cleveland Field Office. Prosecuting the perpetrators of bias-motivated crimes is a top priority of the Justice Department. Since 2001, the Civil Rights Division has charged 223 defendants in 154 cases of bias-motivated crimes. - GMANews.TV