A graduate student who appealed his conviction for an assault that occurred in Carver Hall last April will present his arguments Monday to the Iowa District Court for Story County.

Joseph Keller, graduate student in mathematics and research assistant in the department of statistics, was arrested April 22 and charged with simple assault after a confrontation before a class on April 2 in which several anti-Semitic comments were made.

A jury found Keller guilty of the assault charges on June 26. Keller filed his notice of appeal on July 25.

Doug Ray, graduate student in mathematics, said Keller met him at the back of the classroom just before a math class in which they were both enrolled was to begin.

According to an affidavit filed with Iowa District Court for Story County, Ray reported Keller calling him a “hooked-nose pimp” and a “pothead motor-mouth.”

“He told me I didn’t wear my yarmulke because I wasn’t a real man,” Ray said. “Ironically, I am not Jewish.”

ISU Police Capt. Gene Deisinger said Ray tried to walk away, but Keller placed his hand on Ray’s chest and prevented him from passing. He said Keller continued to make verbal remarks that Ray was denying his Jewish heritage.

“The event culminated with Mr. Keller challenging [Ray] to a fight in the hallway,” Deisinger said.

In a report filed with the ISU Police on April 26, Keller wrote, “From articles that appeared in the mainstream press about a recent Secretary of State [Madeleine Albright], a reasonable man would believe that it is not uncommon for Jewish backgrounds to be concealed. Apparently, Ray told the Daily that I hate Jews. I do not hate Jews as such.”

In March of 2003, the Daily reported that Keller is a member of the European-American Unity and Rights Organization (EURO), an organization that, according to its Web site, “defends white rights and interests in the same fashion the NAACP works for the advancement of colored people.”

Keller is listed as the EURO contact person for Iowa.

After convicted of the simple misdemeanor assault, Keller was ordered by the court to pay a $250 fine, a 30 percent surcharge and costs.

He was placed on probation to the Center of Creative Justice for a term of up to one year. Keller was also required to attend and complete anger management classes and obtain a mental health evaluation.

Daniel Gonnerman, Keller’s attorney, said there were several reasons why his client decided to appeal his conviction.

“The first one is that the court failed to sustain objections made while Mr. Keller testified on cross examination,” Gonnerman said.

Gonnerman said the counsel made objections during the cross examination of Keller that were overruled by the court.

These questions were in regard to Keller’s opinions and beliefs concerning Jewish people, he said.

“The questions were regarding his anti-Semitic beliefs and views,” Gonnerman said. “In my opinion, they’re not germane to the case.”

“Basically, he’s got a First Amendment right to think or say whatever he wants, as long as it does not initiate any threat of violence or contain a threat of violence … even unpopular views are protected by the First Amendment, and that’s consistent with the grounds for appeal. Even if it’s unpopular, objectionable speech, it’s still protected,” he said.

In the brief in support of appeal, Gonnerman said evidence introduced at the trial failed to establish Keller committed any act which would constitute an assault.

He said the state failed to prove all essential elements to find Keller guilty of the charge submitted to the jury.

“Mere words do not constitute an assault,” Gonnerman wrote. “Even personally abusive epithets, racial epithets, verbal attacks, bias-motivated hatred, messages based on notions of racial supremacy, profanity and obscenity do not constitute an assault.”

Gonnerman said the court erred in failing to give the jury instructions that “mere words do not constitute assault.”

Gonnerman also said the court refused to properly instruct the jury on the issue of justification — Keller’s own self defense. He said Keller was outnumbered by the people around him, that Ray was advancing toward Keller and that Ray was attempting to get behind Keller.

The appeal will be argued before the Iowa District Court for Story County at 9:30 a.m. Monday in Nevada.

— Daily staff reports contributed to this article.