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DENVER (CN) — Born and raised in Lagos, Nigeria, Yemi Mobolade first learned about the Ku Klux Klan when he was attending school in Indiana. There, he had been warned against running in a certain neighborhood due to the hate group’s presence and penchant for violence.
Two years ago, when Mobolade ran for mayor of Colorado Springs, a hallmark of the KKK appeared to reignite, as someone photographed a burning cross beside his campaign sign, which was defaced with the n-word in red spray paint. Spread across Facebook and reported on by local media, the photo sparked outrage and prompted an FBI investigation.
Instead of a racist hate crime, however, federal investigators would find the whole thing was a hoax, designed to drive voters to turn out and push Mobolade into the lead.
Mobolade’s voice shook when he saw the sign in person for the first time in court Monday, as a witness in a federal trial against two people charged for their role in orchestrating the stunt. Derrick Bernard, 35, and Ashley Blackcloud, 40, each face one count of conspiracy to defraud the U.S. and one count of interstate intimidation using fire. Combined, the crimes carry a sentence of up to 15 years in prison.
“For me, it felt very targeted, that symbol of hate, that history of the Ku Klux Klan was directed at me,” said Mobolade, who ultimately became the first Black mayor elected to serve Colorado Springs, with 57% of the vote.
Mobolade credited his political success with a grassroots campaign that involved holding 22 debates and knocking on the doors of 40,000 Colorado Springs residents. In court, he recalled meeting codefendants Bernard and Blackcloud, local activists who worked at a radio station and said they wanted to help support his campaign.
Prosecutors believe Bernard revealed his plan to Mobolade in a cryptic Facebook message in which he said, “I’m mobilizing my squadron in defense and for the final push. Black ops style big brother. The klan cannot be allowed to run this city again.”
In a November 2024 grand jury indictment, prosecutors quoted messages between the defendants coordinating and congratulating each other on the media stunt.
“The First Amendment is a bedrock principle of our United States Constitution and it protects all kinds of speech people find offensive and repulsive, it even protects political stunts, but it does not protect this,” argued U.S. Attorney Candyce Cline. “When the defendants sent that email, they sent a threat of things to come.”
Bernard’s attorney, Tyrone Glover, denied his client’s involvement in plotting the cross burning.
“Let me be absolutely clear, Derrick Bernard was not present at the cross burning, he did not plan it, and he did not direct it, he was not there,” Glover said. “The government will attempt to paint a conspiracy by pulling together fragments and social media posts.”
Bernard is currently serving — and appealing — a life sentence issued in November 2024 after a Colorado Springs jury found him guilty of ordering the 2019 assassination of William Underwood, a Colorado Springs man who rapped as FYL Jackk. Leading up to the trial, Glover filed a motion asking to restrict prosecutors from bringing up Bernard’s criminal history should he decide to testify.
In separate motions to dismiss, Bernard and Blackcloud additionally argued the message amounted to protected political speech rather than a true threat and that the law prohibiting fire intimidation is meant to be applied against bomb threats, not cross burnings.
Joe Biden-appointed U.S. District Judge Regina Rodriguez denied the motion on May 9, finding the question belonged to a jury to decide.
“This was the definition of political theater,” said attorney Britt Cobb, who represents Blackcloud. “It was a message expressing outrage over racism in Colorado Springs. It wasn’t saying ‘don’t vote,’ it was saying ‘do not be deterred, get out and vote.”
A third person related to the case, Crystal West, pleaded guilty to a single charge of conspiracy in March. As prosecutors intend to call West to testify, both defense attorneys warned the jury against relying on her upcoming testimony.
Following five hours of voir dire, a jury was seated Monday for the trial scheduled to run through Friday.
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