Reasonable Doubt

Reasonable Doubt
U.S. v. Milbourn, No. 08-2525 (April 7, 2010) S.D. Ind., Indianapolis Div. Affirmed
Record contained sufficient evidence to support defendant's conviction on charges of conspiracy to intimidate or interfere with third-parties' use of their home on account of their race by burning cross on front lawn of said individuals' home. While defendant argued that evidence failed to establish that he was motivated by bi-racial makeup of occupants of home, record showed that defendant had uttered to others that he had "burned a cross on a nigger's yard." Moreover, jury could properly have viewed burning cross as evidence of racism and as threatening act of intimidation.