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JACKSON – A State Police sergeant's teenage daughter who dressed like Hitler and posted on social media a picture of a popular gathering spot for Orthodox Jews — with the caption "perfect bombing time" — may have behaved offensively, but not criminally, authorities said.
The Ocean County Prosecutor's Office examined the Twitter post and a cache of other pro-Hitler images by the Jackson teen and her associates and concluded that they did not amount to any credible threat.
"There was never any danger being posed to the community," said Al Della Fave, a spokesman for the office. "It didn't rise to anything criminal."
He added that the one teen's connection to law enforcement afforded her no special treatment — even as police remain on heightened alert for terrorism and threats conveyed through social media.
"That would not be something that would be a determining factor," Della Fave said. "That has no bearing on the case."
He also dismissed any suggestion that the authorities would have taken a harsher view if the posters — apparently all white — were of a different background.
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"Everything was evaluated at face value. We have been assured by the families and the school that this is something that will be handled."
In cases nationwide with similar circumstances to the Jackson incident, people who are Muslim are frequently subjected to more intensive interrogations and prosecutions than those who are white, said Ibraham Hooper, communications director for the Council on American-Islamic Relations, a Muslim civil liberties advocacy organization.
"If it had been a Muslim, this almost certainly would have been handled differently," Hooper said. "If it's associated with Muslims, it will be viewed as terrorism. If not, it will be viewed as something random and minor."
Avi Schnall, New Jersey director of Agudath Israel, an advocacy organization for the Orthodox community, supported the decision not to file charges, but said there was little solace in that.
"We could comfort ourselves and say that these are just immature teenagers fooling around," said Schnall, who lives in Lakewood, "but when Hitler becomes another costume that teenagers dress up in, and bombing a group of Jews becomes humorous, that tells us something is very wrong with our society."
In one of the posted images, a girl dons what appears to be a State Police hat. She also wears a swastika, is adorned with a Hitler-style mustache and gives the Nazi salute. The Twitter image includes this caption: "1944: crematorium crew."
In another image, posted on the same Twitter account, a number of young Orthodox families are shown sitting outside an Italian ice shop on West County Line Road in Jackson. The caption below the tweet reads: "perfect bombing time."
Della Fave said the prosecutor's office adheres to state statutes regarding bias crimes when determining whether to file charges against individuals for comments made on the Internet.
He declined to discuss any further details, except to note that the posters the office investigated were all minors from Jackson. When contacted by the Asbury Park Press, the State Police sergeant related to the teen declined comment.
"You're talking about a minor," said the trooper at his front door. "No interviews."
The Press is not identifying the minors because of their ages.
The images were discovered online by a person who uses the Twitter handle @MaleiRikud. The person frequently reposts tweets related to Lakewood that he or she deems anti-Semitic. The person said through Twitter that the images are reposted to help spread awareness of such bias.
Most of the images that @MaleiRikud retweeted were originally posted on Twitter in January on the account of the girl whose father is in law enforcement. The account has since been removed.
In one tweet, a person wrote, "I really wanna drive around Lakewood and run over every Jew with my car."
In one image, a girl poses with a doll outfitted with a swastika and a Hitler mustache. Its caption reads: "Adolfa hitler supporting her daddy."
In another image, the girl poses in a bathroom together with the doll and while wearing a swastika and a Hitler mustache. A friend tweeted back, "just glad I'm not Anne frank."
@MaleiRikud and others in the Orthodox community who recirculated the images declined to comment using their real names, saying they feared repercussions.
An exception was Hershel Herskowitz, a Lakewood merchant whose parents survived the Holocaust. He said it is important to comment publicly on the images. Not speaking out, he said, could be mistaken for consent of the conduct.
"There is a difference between freedom of speech and posting a picture of children and talking about bombs," Herskowitz said. "This is not acceptable. This is not funny."
He said ignoring the posts — because the authors appear to be white juveniles — would set a dangerous precedent.
"If it was a Muslim, we would have had the State Department down here tomorrow," Herskowitz said.
Bernard Bell, a professor at Rutgers School of Law-Newark who specializes in First Amendment issues, said that had prosecutors filed charges, they likely would have faced a credible First Amendment, freedom of speech defense.
While speech that advocates for immediate unlawful conduct is not protected by the First Amendment, it would be difficult to argue that the tweets in question would meet that legal standard, Bell said.
"You have to take threats more seriously if they are made in close proximity to their intended target," Bell said. But even if the teen had made the "bombing" threat in person, after lowering a car's window, the prosecution would have needed to prove that a reasonable person would have found them to be credible.
"Is this a true threat, or abhorrent speech?" asked Bell. Short of finding evidence that the teens had physically carried out attacks against the Orthodox or were in active preparation to do so, it would be a difficult case to successfully prosecute, he said.
Said Bell of the Jackson teens: "Would real terrorists speak out this way online? It's almost a caricature of anti-Semitism."
An official at Jackson Township School District acknowledged that the district is aware of the tweets, but declined to comment.
"We were made aware of the situation," said Allison Erwin, a spokeswoman for the district. "We immediately notified law enforcement."
Generally, the district has disciplinary procedures for students it determines have committed acts of bias or harassment, including suspension from classes, Erwin said.
Trooper Alina Spies, a spokeswoman for the New Jersey State Police, referred questions about the matter to the Jackson Township Police Department. An officer in Jackson referred questions to the prosecutor's office.
Ocean County Sheriff Michael Mastronardy said his department — which monitors comments on social media — is aware of the tweets. He referred questions to Jackson authorities.
Schnall, of Agudath Israel, "We have good faith in the prosecutor's office's judgment. They do a great job protecting our community."
Jackson borders Lakewood, where the Orthodox community is rapidly growing. Lakewood's population is projected to grow from 92,000 in the 2010 U.S. Census to 220,000 by 2030.
Members of Lakewood's Orthodox community are routinely subjected to harassment — people shout slurs, throw objects or make threats, Schnall said. He said his community is moving toward strengthening security systems at schools and places of worship as a defensive measure.
Schnall hopes that Jackson school officials would be open to facilitating discussions or volunteer efforts involving students and members of the Orthodox community, allowing both sides to work together and make real connections.
"You can't change an adult's mind so easily," Schnall said. "Where we would be most productive in fostering change would be with our community's children."
One of the teens investigated by the Ocean County Prosecutor's Office is show in a publicly posted tweet dressed as Hitler with the caption: "1944: crematorium crew
One of the Jackson teens investigated by the Ocean
One of the Jackson teens investigated by the Ocean County Prosecutor's Office sends a selfie dressed like Hitler. The caption reads: "Just glad I'm not Anne frank." (Photo: Penton, Kevin)
One of the Jackson teens investigated by the Ocean
One of the Jackson teens investigated by the Ocean County Prosecutor's Office poses on a public tweet with a Hitler doll. The caption reads: "Adolfa hitler supports her daddy." (Photo: Penton, Kevin)
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