The first day of Raunaq Alam鈥檚 trial in Tarrant County started with debate over whether 鈥淔*** Israel鈥� is hate speech or a protected political statement.
Alam and two others are accused of graffitiing 鈥淔*** Israel鈥� on the wall of Uncommon Church in Euless and putting pro-Palestinian stickers on a church sign and flagpole. They're charged with criminal mischief that damaged a place of worship, along with a hate crime enhancement 鈥� making the potential punishment more severe. If found guilty, Alam could be sentenced to probation, or between two and 10 years in prison with a fine up to $10,000.
Alam鈥檚 trial started Monday. In her opening statement, his attorney, Adwoa Asante, told jurors her client originally faced a misdemeanor case, but the Tarrant County District Attorney鈥檚 Office bumped up the charge.
鈥淭he government has manufactured a felony on a graffiti case because they hate his opinions,鈥� she said.
In Alam鈥檚 indictment, Tarrant County accused him of vandalizing the church because of bias against Israel and Jewish people. That鈥檚 the main thing jurors have to decide on 鈥� not whether Alam vandalized the church, prosecutor Lloyd Whelchel said.
鈥淭here is no dispute this defendant did this,鈥� he said.
The Texas branch of the Council on American-Islamic Relations has called on the DA鈥檚 office to drop the hate crime accusation. Alam was criticizing a country, not a group of people, they argued.
Dozens of Alam鈥檚 supporters filled the courtroom Monday. Several people came draped in black-and-white keffiyehs, the scarf that .
Attendees raised concerns about what this case could mean for free speech, including Alam鈥檚 sister, Najwa Alam Armstrong.
"Honestly, this is really terrifying. Obviously for personal reasons, because of my ties to my one and only sibling, but on a much bigger scale for what this could mean for any other American," she said.
The war in Gaza has set off fierce debates in the U.S. over whether criticism of Israel is inherently antisemitic. Texas Attorney General Ken Paxton opened an antisemitism investigation into Plano ISD over allegations that school officials allowed pro-Palestine walkouts. The federal government has threatened some pro-Palestine student protestors .
The war began after the Hamas-led attack on Israel on Oct. 7, 2023, killed 1,200 people and . Since then, more than 64,000 Palestinians have been killed, . The World Health Organization , and a group of genocide scholars has declared Israel is 鈥� a charge Israel denies.
Uncommon Church started flying an Israeli flag after Oct. 7, Lead Pastor Brad Carignan said. He was called to the stand as the first witness in Alam's case. He was heartbroken over the attack and wanted to show solidarity, he said.
The flag drew Alam to vandalize the church, according to Whelchel. He showed the jury photos of the vandalism, including 鈥淔*** Israel鈥� in red paint on a wall and stickers on a church sign and the flagpole. One sticker showed the Nazi flag next to the Israeli flag, and another had the slogan 鈥淔rom the river to the sea, Palestine will be free.鈥�
While many pro-Palestine protestors use that chant as a call for equality, others see it as a call to wipe out Israel, .
That鈥檚 how Carignan saw it, too, he said. When Asante pointed out that Alam and his codefendants wrote 鈥淚srael,鈥� not 鈥淛ews,鈥� in their graffiti, Carignan said he didn鈥檛 make a distinction.
鈥淭he country of Israel is the Jewish homeland,鈥� he said.
Asante was largely not allowed to question Carignan about Israel鈥檚 actions in the war, including accusations of genocide. Whelchel objected to their relevance, and Judge Brian Bolton agreed. Only when the jury was out of the room was she allowed to ask Carignan in detail about his trips to Israel and his relationship with his brother-in-law, who is a veteran Israeli Defense Force commander.
In an interview after Monday鈥檚 proceedings, Asante said hate crime laws are designed to protect people, not foreign nations.
鈥淚srael is a government, and not all Jewish people approve what Israel is doing. Not even all Israeli citizens approve of what Israel is doing,鈥� she said. 鈥淪o the state equating the state of Israel, the government, to Jewish people, is actually antisemitic, because it seeks to define the politics of Jewish people in one broad stroke."
When asked if she wanted to add anything else, Asante said, 鈥淔ree Palestine.鈥�
Whelchel said he cannot comment on a trial before it ends. In a previous statement, a DA鈥檚 Office spokesperson said, "Our indictment is based on the evidence."
The trial began Monday with jury selection. Attorneys for both sides questioned potential jurors about whether they鈥檇 be able to put certain biases aside.
One potential juror admitted she鈥檇 automatically find the accused person guilty if the case involved Israel. Another said he would struggle to apply the hate crime law because he believes all religion is just mythology.
Asante asked potential jurors if it was possible to criticize a country without criticizing its people.
It depends on the country, one man responded.
鈥淪ome countries are very integrated with their religion,鈥� he said.
Another potential juror said separating the two concepts makes sense. He鈥檚 from Cuba, and he detests the Cuban government, but not the Cuban people, he said.
Each side was allowed to strike a certain number of potential jurors from the list. Prosecutors struck the man from Cuba 鈥� and another man who agreed with him 鈥� for their responses, Whelchel said when the defense challenged him about it.
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