(Photo by Kevin Mathewson, Kenosha County Eye)
A Kenosha man with ties to California and Indiana was arrested on August 10, 2022 after a months-long investigation into anti-Semitic flyers being distributed around the Kenosha area. The reports began in December of 2021. The flyers attacked Jewish people and were distributed in baggies with pebbles in them, on windshields, driveways, and walkways. The Kenosha Police Department consulted with the Kenosha District Attorney’s office and it was decided that the flyers themselves, although disturbing, are protected under the first amendment.
Instead, Kidder was cited under Kenosha’s non-criminal ordinance 11.02U which states:
Littering. Throw, place or deposit any paper, glass, bottle, cans, containers, grass clippings, rubbish, waste, filth or other debris upon private property without consent of the owner or occupant, or upon the streets, alleys, highways, sidewalks, parks, or beaches, or into any pond, stream, river or lake.
Bidder received 23 citations in total and if convicted of all counts, could be facing a fine of more than $4,300.
(Photo by Kevin Mathewson, Kenosha County Eye)
First Court Appearance
Kidder appeared today in Kenosha Municipal Court with Judge Michael Easton presiding. For the City, prosecutor Attorney Bryan Charbogian appeared. Kidder had filed a motion to dismiss stating that the ordinance, as applied to him, was unconstitutional and violated his free speech. He brought with him some fliers that appeared on his door, from politicians and other advertisers. Judge Easton entered a not guilty plea on Kidder’s behalf. There will likely be several more hearings in this case. Kidder, interviewed after court by KCE and another news agency said he planned to take this case to trial and even said he would be appealing the case “all the way up.” Although Kidder wouldn’t admit to distributing the fliers, he all but told us he did. He plans to use an affirmative defense that he believes will get the non-criminal citations thrown out. He showed KCE all of the fliers that were distributed and sent KCE about a half-dozen emails with similar content. Most of the materials appeared to be anti-Semitic. Kidder says he is not a violent person and wasn’t advocating for violence. When asked by another journalist why he distributed these fliers at night he responded sharply, “When do you have free time!?”
If Kidder is found guilty in Municipal Court. He has the right to appeal the Judges Decision to the Circuit Court. A successful local defense attorney told us that although Kidder’s alleged actions may have violated the letter of the law, he might have an affirmative defense. Kidder could argue selective prosecution. It would however, switch the burden to the defendant, when normally the City has the burden. The burden in Municipal court, however is lower. The City prosecutor need only show the defendant is guilty by a preponderance of the evidence, meaning, more likely than not – not beyond a reasonable doubt, like in criminal trials.
(Photo by Kevin Mathewson, Kenosha County Eye)
7 Responses
He hurt my feeling with a flyer.. Arrest him brown shirts, and now. We can’t have someone in public expressing themselves like this. Unless of course they’re burning down a building. Then…. We back off and watch the city burn. As for the selective prosecution defense, that’s almost every case in Kenosha. They pick and choose which one will get them the favorable headline with the local rag. Poor babies in tough ass Kenosha were hurt by a piece of paper.
Save the bags of pebbles, if you see him in your neighborhood use your slingshot.
Two years ago, the City was burning, but today, the City’s Prosecutor focuses on the misdeeds on a feeble minded anti-Semite distributing distasteful literature. How many rioters have been brought to justice for Larceny & Arson?
I have problems with the Kenosha DAs office. However, I hope this piece of human scum gets fined or even serves jail time (even if this is unrealistic).
Matthew, you will never understand nor deserve freedom.
Jewish Bolsheviks murdered 66 million White Christian in Russia and Eastern Europe ,wheres your outrage over this ? ahhh i see your last name spells it all !!
HUMAN SCUM? I SOMEHOW MISSED THAT BACK IN SEPTEMBER WHEN YOU POSTED IT.