DENVER — Both the prosecution and the defense rested their case Thursday in the trial for Ashley Blackcloud and Derrick Bernard Jr.. The pair are facing charges related to what investigators called a hate crime hoax leading up to the Colorado Springs 2023 Mayoral Runoff Election.
Thursday’s trial included testimony from the primary FBI Special Agent who investigated the case, Ethan Doherty. Derrick Bernard also decided to take the stand in his own defense.
Blackcloud’s lawyer had initially submitted seven witnesses to testify, including Colorado Springs Police Chief Adrian Vasquez. During Thursday’s trial, Britta Cobb, Blackcloud’s attorney ,did not call any of those witnesses. When asked, she said they rested the case.
Prosecutors argue Bernard and Blackcloud were a part of a conspiracy to stage a hate crime at one of then-candidate Yemi Mobolade’s campaign signs in April 2023, before the runoff election in May. Investigators say a racial slur was spray painted on the sign and a wooden cross was set up in front of it and set on fire. A video of the burning cross was later sent to local media outlets and public officials.
Doherty’s testimony also shed light on some of Mayor Yemi Mobolade’s conversations with investigators leading up to the indictment of Blackcloud, Bernard, and Deanna West, who pleaded guilty in March.
Doherty said Mobolade was interviewed as possibly being involved in the hoax after an interview in January 2024. The FBI agent said investigators did not have a good understanding of Mobolade and Bernard’s relationship.
In interviews with the FBI, Doherty said Mobolade appeared “nervous” and “emotional” when recounting the events of the incident. Doherty said Mobolade said he was “120% sure” he did not have a phone call with Bernard, even though the FBI had records showing he did.
Doherty later said investigators discovered Mobolade received a “significant” volume of calls and messages during that time he was campaigning for Mayor. The FBI agent later testified that they did not reach a conclusion on whether or not the Mayor intentionally deceived them.
Blackcloud decided not to testify to jurors. Bernard did take the stand and answered numerous questions.
Bernard said he initially didn’t take Mobolade seriously as a candidate but State Representative Regina English introduced him to him and said when she “co-signed him that’s when he took him serious.”
Bernard mispronounced Mobolade’s last name numerous times in his testimony but said they were close and claimed that during a phone call they had after the April 2023 incident Mobolade “guaranteed” he would not be prosecuted.
Bernard made many claims about people working for English being involved in the incident. He also told jurors that he was advised that he shouldn’t testify in the case. He also claimed, West, who pleaded guilty was “terrorized for taking a deal”.
During his cross examination, Bernard claimed that he only found out about the cross burning incident after it happened. In his testimony with his attorney he said the incident was “a strategic move to ensure he [Mobolade] got elected”.
Throughout the cross examination, Bernard got defensive at one point asking the prosecutor “Why are you acting silly and dull right now?” and later asked “have you done your research, do you know who I am?”.
At one point, Bernard said he did not want to talk to the prosecutor anymore. The judge reminded him that since he decided to testify, he needed to answer the prosecutor’s questions.
Bernard is currently serving a life sentence without the possibility of parole in a case where he ordered the murder of William Underwood, a local rapper.
Prosecutors were only allowed to bring up that he was convicted of a felony and is serving a sentence of more than 10 years currently.
Closing arguments are expected to take place Friday morning and then the case will be in the hands of the jury.
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