Attorney For BLM Man Who Attacked KPD Officer Makes Motion To Dismiss: Claims Kicking A Door Is Protected First Amendment Behavior

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Clyde McLemore, BLM of Lake County, IL Founder

We told you on February 25 about 62-year-old Lake County, IL BLM founder Clyde McLemore who was charged with one felony county of Attempted Battery to a Law Enforcement Officer and one count of misdemeanor disorderly conduct. We told you about how he had about 10 felony convictions spanned over about 45 years. He actually corrected that to the KCE by telling us in a message that it’s actually “more than 10”. Clyde found himself a far-left activist attorney named Deja Vishney (D). Today, she filed a 9-page motion to dismiss to Judge Jason Rossell.

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Motion to Dismiss

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In this motion, she says that ” (the black) community suffered ill treatment at the hands of the Kenosha Police Department for a lengthy period of time.” She also claims the Walworth County District Attorney Zeke Wiedenfeld is intending to “smear the Black Lives Matter movement or political speech by African-Americans.” (Wiedenfeld is handling the prosecution of this case, after BLM sympathizer Mike Graveley recused himself.) Later in the motion she admits that her client did indeed kick the front door of the public safety building, but claims that “the act of kicking the door in this manner was a type of nonverbal protest expression that the state may not prohibit.” and later “the act of kicking a door during a protest is analogous to burning a flag during a protest.” What she fails to mention is that a police officer had his hand on the door and police believe he was trying to break the officer’s hand and/or fingers during the kick. He also bragged about trying to harm the officer on Facebook.

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Not The First Time Harming A Peace Officer

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In our investigation, we found that one of McLemore’s previous (more than 10) felony charges was for similar behavior. In Lake County, IL just over the border, McLemore harmed a Sheriff’s Deputy. On February 11, 2008 McLemore arrived late to court and got into a fight in the courthouse with a Deputy. He resisted arrest and ran. He got into a vehicle and took off, dragging the Deputy. The Deputy was injured. He was charged with Felony Aggravated Battery of a Police Officer. The prosecutor can file an “other acts” motion to admit this incident into McLemore’s trial, but Wiedenfeld didn’t seem eager to talk about it when we spoke with him via email. We get the feeling he’s not taking this case seriously, similarly to when he dismissed the felony sexual charge assault against Jacob Blake. He has all these documents after we forwarded him copies.

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Bids For Public Office In Lake County

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Taken Last Week (KCE)

McLemore is currently running for Zion Library Board and Zion School Board. According to online records, he was barred from appearing on the ballot by the Lake County Elections board multiple times before. Just like in Wisconsin, felons cannot run for public office, but that doesn’t stop McLemore from campaigning.

McLemore should be prosecuted to the fullest extent of the law. His activist attorney should stop posturing and wasting court resources by filing frivolous motions. His crime was caught on video and his intent can be easily proven from his Facebook posts. If the prosecutor does his job well, a conviction should be easy. What’s another felony after a dozen already? Maybe he should get prison time this go-around.

We reached Vishny via email but she didn’t want to comment about her motion. She did tell us, however, that she is known around the country as a criminal defense attorney and has an undergraduate degree in journalism.

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4 Responses

  1. It’s the USA. You can file a lawsuit or motion for just about anything you want….doesn’t mean it’s going to work. If Mr. McLemore wanted to pay me $10k to lose a motion, I’d take his money, too.

  2. If he wanted to put his own hand in his own door as a protest that might be protected, “like burning a flag”.
    He kicked a goverment door owned by we the people while a goverment servant’s hand was in the door trying to stop a tresspass with violent intent.
    “Fat, liberal and stupid is no way to go through life.”—Dean Faber.

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