BUFFALO, N.Y. (WBEN) - It's not immediately clear when the Franklinville man who has refused to appear in a Buffalo courtroom will answer for hate crime charges.
Michael Cremen did not appear again in Buffalo City Court on Wednesday. He was charged by Buffalo Police with menacing, harassment, and criminal possession of a weapon. The charges stem from him pulling a knife and yelling racial slurs at protesters in August on Hertel Avenue.
After ducking out of two court appearances in opposition to the mask mandates at court, Buffalo City Court Judge Barbara Johnson-Lee issued a warrant for his arrest on Wednesday.
"If he was picked up for any reason, whether it was a traffic stop and they recognized him in the vehicle or for whatever reason, they would take him in on the warrant and he would be brought into court," Justin Ginter, a partner at Lipsitz, Green, Scime, and Cambria Law Firm, said. "He could, if he chose to do so, turn himself in at the local police station or even come down to Buffalo City Court and let the court know that he's there and turn himself in as well. He has many options on how he'd like to handle it short of having to go get him on the warrant."
Erie County District Attorney John Flynn did not address the second no-show by Cremen on Wednesday but said last week he received a letter from Cremen which explained the defendant won't show up to court over the mask mandate. The letter also issued a warning to law enforcement:
"If you do issue a warrant for my arrest, it is unlawful," Flynn read from the letter written by Cremen. "And please understand that anyone who approaches my person, wife, or property, especially armed, wearing a badge and/or facemask, I consider to be very dangerous threat to my life and my Lord will severely punish those in violation of this order of protection of my life."
Flynn said the letter itself did not constitute a crime. Ginter said Cremen cannot use an opposition to masks as a reason not to appear in court.
Ginter said the warrant issued is common practice after a defendant skips multiple court dates.
