As jury selection begins Monday, two individuals accused of orchestrating a racially charged stunt during the 2023 Colorado Springs mayoral race will stand trial, facing federal charges for what prosecutors call a hoax designed to elicit sympathy for a Black candidate.
The incident, which involved a racial slur spray-painted on a campaign sign and a burning cross set in front of it, targeted Yemi Mobolade, who would later become the city’s first Black mayor. Although initially perceived as a hate crime, federal authorities allege the act was staged by the defendants to bolster Mobolade’s campaign.
Mobolade, listed in court filings as a victim, is expected to testify during the trial.
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Yet one of the accused, Ashley Blackcloud, claims the mayor was aware of the plot beforehand and even complicit. In an interview with The Associated Press, she stated, “This was a hoax in every sense of the word,” and alleged that Mobolade had advance knowledge of the cross burning. Blackcloud, who identifies as both Indigenous and Black, declined to elaborate due to a court gag order, but insisted the act was not meant to cause harm.
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Mobolade has strongly denied any involvement. City spokesperson Vanessa Zink confirmed that the mayor would not offer further public comment.
Defense attorneys for Blackcloud and her co-defendant, Derrick Bernard, Blackcloud’s husband, argue their clients’ conduct was a form of protected political expression. They claim the act was not threatening, but rather “political theater” protected by the First Amendment.
Bernard, however, brings additional legal baggage to the courtroom: he’s currently serving a life sentence for allegedly ordering the murder of a Colorado Springs rapper. Though the man accused of committing the killing was later acquitted, Bernard is appealing his conviction.
Attorneys for both Blackcloud and Bernard did not respond to requests for comment. However, in court filings, they noted the cross was set ablaze late at night, unseen by the public. They assert the defendants merely distributed emails and images to the media to dramatize the event.
Despite the secrecy of the act itself, both face charges of using interstate communication — specifically the internet and email to transmit a threat and disseminate false information. They are also accused of conspiring to intimidate Mobolade. Both have pleaded not guilty.
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According to the jury instructions, the prosecution must prove that the defendants intended for Mobolade to fear potential violence, a requirement for conviction under federal law.
Earlier this month, U.S. District Judge Regina M. Rodriguez declined to dismiss the case on First Amendment grounds. “It is up to the jury to determine whether the cross burning was a true threat or merely political speech,” she wrote in her ruling.
A third participant in the alleged scheme, Deanna West, accepted a plea deal in March. She admitted to participating in the conspiracy and to helping spread disinformation about the fire. Her agreement, outlined in court records, stated that the intent was to sway voters against Mobolade’s opponent by suggesting that Mobolade faced racial intimidation.
West is expected to testify for the prosecution.
The indictment also reveals that Bernard exchanged messages with Mobolade before and after the April 23, 2023, cross burning. Following Mobolade’s election victory on May 6, Bernard sent a message stating, “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.” Records show they spoke on the phone three days after the cross was burned.
In a December video posted to social media, Mobolade reaffirmed his innocence and full cooperation with investigators. “I fully and truthfully cooperated throughout this investigation. I had no knowledge, warning or involvement in this crime,” he said.
The U.S. Attorney’s Office in Colorado declined to comment on whether Mobolade was ever directly investigated for potential involvement in the alleged hoax.
