BUFFALO, N.Y. (WBEN) – A Franklinville man accused of a hate crime in Buffalo did not show up to his arraignment in city court on Thursday morning over the requirement to wear a mask, according to Erie County District Attorney John Flynn, who read a letter believed to be from the man.
Michael Cremen did not answer to the menacing, harassment, and weapons charges levied against him last month. Cremen, 47, allegedly hurled racial slurs and brandished a knife during a protest on Hertel Avenue in August.
Related
“I will not be compelled by any means to violate my conscious, therefore I will not wear a mask to any court proceeding or attend any court proceeding in which any person involved is wearing a face mask,” the letter said, according to Flynn.
Flynn could not immediately verify that it was Cremen who wrote the e-mail but said the message had the correct appearance ticket number, complaint number, and name of the case.
The message, though, apparently threatened any law enforcement who tries and approach him or his family.
“My Lord will severely punish those in violation of this order protection of my life,” Flynn read from the letter.
Flynn said the letter itself does not warrant a crime but issued a general warning to law enforcement. Cattaraugus County Sheriff’s would have to arrest him since he lives in Franklinville.
Prosecutors tried to ask City Court Judge Barbara Johnson-Lee have a warrant issued for his arrest, citing the bail reform laws that will allow a warrant to be issued if the defendant refuses to show up to court.
It was a rare criticism of a judge from the district attorney.
“Even though the new bail reform says you have to wait 48 hours and give them 48 hours to come to court…there’s also provision in the bail law that says if you have advance notice or know that someone is willfully not coming to court, you don’t have to wait the 48 hours,” Flynn said. “…For whatever reason that wasn’t done.”
Cremen will now be back in court on October 19. Prosecutors on Thursday afternoon will try to ask a higher court judge for a warrant to be issued.