To: Ilaine who wrote (1263 ) 11/4/2001 5:48:59 PM From: Ish Respond to of 6901 Does anything normal ever happen in Fairfax County? Friday November 02 09:05 PM EST GMU Student Charged in Flag Burning A George Mason University student was charged with burning the U.S. flag in a fire that damaged nearly two acres of woodland in northern Virginia. Oleg S. Asserin, 18, of Falls Church, was arrested Tuesday on a felony charge of setting a fire capable of spreading and a misdemeanor charge of burning the U.S. flag. Virginia is among 48 states that still have flag desecration laws on the books, even though the U.S. Supreme Court ruled in 1989 in Texas v. Johnson that flag burning is constitutionally protected speech. Kent Willis, executive director of the American Civil Liberties Union of Virginia, said the flag-burning law, enacted in 1960, is unconstitutional and that the ACLU will seek to have the charge dismissed if prosecutors don't drop it. "It is irresponsible and shameful that the fire department would fan the emotional flames that are present here in this case. It's almost hard to believe they're serious," Willis said. Fairfax County Commonwealth's ! At! torney Robert Horan said Friday he will decide whether to pursue the flag-burning charge after he reviews the case. "We'll wait and see what the facts are," Horan said. Asserin has a preliminary hearing Dec. 12. Firefighters from Fairfax County and neighboring Montgomery County, Md., responded to the fire Sunday morning. It burned about two acres of brush near the George Washington Memorial Parkway before it was extinguished Tuesday. Firefighters found a charred American flag among the damage. Dan Schmidt, a fire department spokesman, said a check of area medical facilities found Asserin receiving treatment for burns on his arms and upper body. Fire investigators interviewed Asserin on Monday. Fire officials said they did not believe Asserin, who is Russian, was expressing support for recent terrorist acts. The motivation for the burning was unclear. At his arraignment, Asserin was ordered to undergo a mental evaluation to determine his ability to stand trial. Copyright 2001 ABC 7 WJLA-TV