Peter Lynch, the 30-year-old University of New Mexico student who was charged in connection with tearing down a lone Mexican flag flying on the UNM campus, then tearing and trampling it, has just been found guilty in Bernalillo County Metropolitan Court of criminal damage to property.

The jury took less than half an hour to reach the verdict, and Lynch showed no emotion as he learned he was guilty of the petty misdemeanor, according to the Journal's Joline Gutierrez Krueger, who was in the courtroom.

Metro Court Judge Clyde DeMersseman imposed a six-month deferred sentence, which means if Lynch successfully completes probation, the offense will be expunged from his record.

The judge ordered Lynch to replace the flag he destroyed, to perform 48 hours of community service and to successfully complete a program of anger management. 

Updated at 10:30am -- UNM Flag Case Wrapping Up: Closing arguments this morning over student who ripped down Mexican flag.

Testimony in the case against University of New Mexico student Peter Lynch -- charged with misdemeanor criminal damage to property for ripping down a Mexican flag on campus in September 2006 -- wrapped up Tuesday, and closing arguments are expected to begin at 11 this morning, the Albuquerque Journal reported.

Prosecutors on Tuesday presented four witnesses and rested their case, while the defense -- despite earlier indications that Lynch would take the stand -- rested its case without calling a single witness, the Journal said.

Once closing arguments are through, the case should go to the jury some time this afternoon.

If convicted, Lynch could get up to six months in jail and a $500 fine. 

Breaking at 10:25am 4/1/08 Jury Selection Under Way in UNM Flag Case: Peter Lynch charged with misdemeanor for ripping down Mexican flag on campus.

Jury selection is under way this morning in Bernalillo County Metropolitan Court in the trial of Peter Lynch, a University of New Mexico student charged with tearing down a Mexican flag flying on campus last September, the Albuquerque Journal's Martin Salazar tells us.

Here's Salazar's report:

"Jury selection is under way in the case of the University of New Mexico student and veteran who ripped down a Mexican flag last September after seeing it flying outside the university's administration building unaccompanied by the U.S. flag.

"Lynch, dressed in a light gray suit, appeared in Metro Court with his attorney, John D'Amato Jr. Opening statements are slated to begin around 1:30 p.m.

"Lynch is charged with misdemeanor criminal damage to property.

"D'Amato and prosecutors spent about half an hour this morning hashing out what the jury should and should not be allowed to hear.

"The District Attorney's Office lost its motion to prevent Lynch from arguing that he took the action he did because of the U.S. Flag Code.

"Metro Court Judge Clyde DeMersseman, meanwhile, has yet to rule on whether the jury will hear testimony about Lynch allegedly posting a statement on the Internet calling Mexicans “wetbacks.” Lynch has previously told the Journal that he didn't believe he posted the message."

Lynch has pleaded not guilty to the charge, but faces up to six months in jail and a fine of up to $500 if he is convicted.

But Lynch has admitted tearing down the flag, saying he was acting out of patriotism because the Mexican flag wasn't accompanied by an American flag, according to earlier Journal reports.

The flag, which had been put up for Mexican Independence Day, was never supposed to have been flying by itself, but when the Army ROTC on campus went to retire the U.S. and state flags on the evening of Sept. 14, 2007, they left the Mexican flag flying, thinking its owners would take it down, the Journal has reported.

Then, the Army ROTC students, who were supposed to raise the U.S. and New Mexico flags on the following day forgot to do so, the Journal said.

Lynch, then a 30-year-old Air Force veteran, complained to UNM officials and when nothing was done, he pulled down the Mexican flag, ripped it apart and handed it over to the Air Force ROTC office, according to our earlier report.

Campus police then charged Lynch with criminal damage to property, and a number of UNM students and the New Mexico League of United Latin American Citizens have accused Lynch of a hate crime, according to earlier reports from The Associated Press.

Veterans and others have defended Lynch's actions as defending the flag, not an act of racism. 

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