Marian Hudak was convicted for federal hate crimes against a Mexican-American neighbor and a Black motorist. Hudak contended that he did so because of a mental illness, not because of their race and national origin. On appeal, Hudak challenged the exclusion of his psychologist’s expert report and his own testimony on mental health from trial. He also appealed the admission of evidence regarding Nazi and Ku Klux Klan paraphernalia found at his home.
The Fourth Circuit rejected both arguments. On the exclusion of Hudak’s mental health evidence, the panel held that the district court did not abuse its discretion in rejecting unreliable expert testimony under Rule 702. The court found a “striking incongruence” between the conclusion that mental illness was the cause of Hudak’s conduct based on limited facts about the period of time in which the conduct occurred.
The court also affirmed under the Insanity Defense Reform Act (IDRA) because Hudak had not pleaded insanity and sought to use mental illness to negate criminal responsibility rather than specific intent. Employing Bostock’s interpretation of the term “because of” in the IDRA as meaning but-for causation, the panel held that § 3631(a) and § 245(b)(2) allowed for mixed motives. In other words, the court explained, an individual’s mental illness does not necessarily negate their racial animus.
Regarding the Nazi memorabilia evidence, the panel found no error in its admission because Hudak testified on direct that he was a collector of historical and military items without racist motivation, thereby “opening the door” and permitting the government to rebut his characterization. The court emphasized that while possession of hateful symbols is constitutionally protected, such evidence was relevant to motive once Hudak placed his reasons for possession at issue.
Appeal from the Middle District of North Carolina.
Opinion by Wilkinson, joined by Diaz and Wynn.