Photo by Mitch Lehman / TRIBUNE
The San Marino Police Department on Tuesday afternoon said it continues to investigate a case in which four current and former San Marino High School students are suspected of producing or being in possession of racist content and hate speech, according to Police Chief John Incontro.
“We are trying to get more information,” said Incontro, “but at the time we are having a little trouble doing so.” With no one having stepped forward, “We have not yet contacted any victims, and without a victim we have no crime.”
Incontro told The Tribune that the SMPD on June 4 was made aware of possible racial comments, videos and photographs posted on various social media platforms.
“Immediately upon receiving this information, the Police Department initiated a criminal investigation,” said Incontro. “In order to establish the elements of a crime and a connection to acts of hate, it is imperative for the department to speak with victims.”
Investigators have met with an individual who identifies himself as a “whistleblower,” and uses an alias, Incontro said.“Since the investigation has started, we have contacted the whistleblower more than once in an attempt to gather additional information concerning possible crimes and identification of victims,” said Incontro. “Some of the possible victims are juveniles, and as required by law, we will not release any of that confidential information.”
Part of the possible evidence consists of pages from an edition of SMHS’ Titanian yearbook and shows photographs of students who may have been targeted by suspects.
“We have attempted to work with the San Marino Unified School District to identify individuals in photographs that have been posted by the whistleblower,” Incontro said. “As of [Tuesday], we are still working with the district to obtain the information. We are encouraging all of the possible victims of these photos, videos and comments, or the parents of the possible victims, to contact the department.”
Incontro addressed the challenges of tying the alleged acts to criminal activity.
“The department’s investigation is limited to whether a crime has been committed,” said Incontro. “The First Amendment of the U.S. Constitution prohibits the U.S. Department of Justice from prosecuting people for their beliefs or language. Although untrue or stereotypical beliefs and expressions can be offensive, they are not considered a crime, nor is it criminal to join with others who share such views. However, once the protected speech includes a nexus to a crime, the First Amendment no longer offers protection, and actors may be prosecuted for committing a crime based on hate. This is why it is critical to have identified victims. Without them, offensive speech on its own, even if clearly demonstrated by evidence, is not considered a criminal act.”
Meanwhile, two petitions demanding a series of reforms by the SMUSD have received about 1,000 signatures apiece, many from SMHS graduates.
One petition demands that administrators “hire black, brown, and ethnic instructors into your system, add non-white humanities courses in philosophy, anthropology, sociology, theology and political science.”
The petition also calls for an action plan by administrators and requests that the school “bring in public speakers of the black and brown LGBTQ+ community as well as non-black ethnicities to foster your students’ education.”
The other petition implores the SMUSD to note on the suspects’ permanent records that they have been clearly linked to “white supremacist/racist hate speech” and “overwhelming criticism from the community.”
“At a minimum, the content … exemplifies extreme bullying that has been red-flagged,” said Molly Folsom, a 2010 SMHS graduate who has been monitoring the investigation and has viewed the content in question. “At a ‘highly likely,’ it’s proof that students affiliated with the SMUSD are proactively both intaking and creating extreme white supremacist digital content, with a focus on other SMHS students from non-black, people-of-color backgrounds. San Marino cannot just take responsibility for their students who go on to do great things — they must also take responsibility and acknowledge the ‘bad’ ones and through that action, teach.”
Folsom added, “With two disturbing examples in just one week alone from alumni and current students, the San Marino Unified School District has a responsibility to its students and to the wider community. Anti-racist action was taken through a statement, but now must move forward with swift action and be incorporated into curriculum at all levels to ensure future Titans — administrators, teachers, and students alike — are well-read on the systemic issues that permeate our culture.”
Besides the investigation into racist images, Folsom referred to the arrest of an SMHS graduate who Pasadena police said drove a pickup truck toward a crowd of protesters at a Black Lives Matter demonstration in late May.
SMUSD Superintendent Jeff Wilson opened the June 9 school board meeting by condemning “the infamous killing” of George Floyd that has resulted in charges against some Minneapolis police officers and said the school district “must address the adverse affects of racism and discrimination.”
Wilson announced a special meeting of the board of education that will be held on Tuesday, June 23, at 3:30 p.m. “to incorporate how the district will move forward to address educational and social issues of diversity and implicit bias.”
Wilson referred to what he called the district’s “strong board policy,” which calls for officials to provide a safe and welcoming environment. He also cited California’s anti-bullying laws, which require districts to adopt a policy that prohibits discrimination, harassment, intimidation and bullying based on actual or perceived characteristics including immigration status, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.
He said that the district staff undergoes annual training in such topics as how to recognize and respond to inappropriate behavior such as harassment, bullying, sexual harassment and discrimination.
“It is meant to equip teachers and staff with the tools necessary to report unacceptable behavior, both with staff and students,” Wilson said. The training also includes segments on abusive conduct, gender identity, gender expression, sexual orientation and human trafficking.
“Part of our work in 2020-21 will be to identify research authorities on issues of implicit bias, discrimination, racism, diversity and inclusion,” Wilson added. “I have already reached out to a world-class researcher who is one of the leading voices on implicit bias for professional development and student education.”
Wilson said the SMUSD “has had no victims officially come forward, but we are working hand-in-hand with the SMPD to identify students who appear to be the targets of the hate speech.”
Blair Imani, a black 2010 SMHS graduate and longtime student organizer, said that the efforts of young people demanding action “has gone well in terms of raising an issue, but I can’t really call it a victory until something changes.”
Imani has scheduled a meeting with Jason Kurtenbach, the incoming principal at SMHS, in hopes of changing the culture.
“I am very hopeful that Mr. Kurtenbach is moving forward to ending racism, xenophobia and bigotry at San Marino schools,” Imani said.
Meanwhile, Incontro is hoping that possible victims will eventually come forward.
“We need a lot of action,” Incontro said. “From students, parents, the schools. Again, without a victim, we have no crime.”
The SMPD is encouraging possible victims or witnesses to contact Detective V. Wilson at (626) 300-0728. Those wishing to remain anonymous may contact L.A. Crime Stoppers at (800) 222-8477, or use the app “P3 MOBILE APP” on Google Play or the App Store, or visit lacrimestoppers.org.
“We assure the community that we are taking this seriously and are exploring all areas of these incidents and any related criminal conduct,” Incontro concluded. “As of now, the investigation is continuing and will continue until all leads are exhausted. The department is utilizing the assistance of the Federal Bureau of Investigation as well as the L.A County District Attorney’s Office as part of our efforts to investigate these allegations.”
