DENVER • One of the co-defendants on trial for his alleged involvement in the hate-crime “hoax” that made headlines during the 2023 Colorado Springs mayoral runoff election testified Thursday that local politicians played a part in planning the incident.

Derrick Bernard Jr., 35, against the advice of his attorney Tyrone Glover, took the stand and claimed that then-candidate Yemi Mobolade was behind the plan and that he worked with state Rep. Regina English, D-Colorado Springs, to set the stage for him to win the election.

Bernard, whose testimony differed from that previous witnesses, was questioned about English and claimed some of her election aides were present at an April 23, 2023, cross burning that, along with defacing one of Mobolade’s campaign signs with a racial slur, led to an indictment alleging a staged hate crime.

At one point, Bernard suggested that supporters of Mobolade’s election opponent Wayne Williams, who is now on one of Mayor Mobolade’s advisory boards, may have pulled off the “hoax.”

“Who knows? Maybe he did it,” Bernard said.

Bernard testified that he first thought of Mobolade as a “long-shot nobody” who he did not expect to win. However, after allegedly getting to know the businessman, Bernard said he was a “cool dude,” and his opponents were not “conducive” to what the city needed. He referred to Mobolade as a “close friend.”

Woman testifies against her alleged co-conspirators on day 3 of cross-burning hate crime ‘hoax’ trial

Bernard testified that he “agreed to promote what happened” with the slur and the cross burning, but that he was not involved in its staging and didn’t find out the details until much later.  

“I truly was not present (that night),” Bernard said. “I wasn’t.”

Throughout his testimony, Bernard maintained that Mobolade knew about the “hoax” and planned it “carefully” to ensure he would not be investigated.

Co-defendant Ashley Blackcloud, 40, had the option to testify on Thursday after defense lawyers told the court none of their scheduled witnesses would be testifying. Blackcloud opted not to testify.

A third suspect, Deanna West, 38, pleaded guilty in March and testified for the prosecution Wednesday. Her sentencing is scheduled for September.

Earlier Thursday, the prosecution rested its case with the conclusion of testimony from FBI Special Agent Ethan Doherty.

The case began in November when the U.S. Attorney’s Office for Colorado announced that a federal grand jury had indicted three individuals for “maliciously conveying false information about a threat made by means of fire” to draw support for the eventual winner of the mayoral race,  Mobolade, who is Colorado Springs’ first elected Black mayor.

Videos and photographs of the incident were sent in a mass email to media outlets along the Front Range, calling the act “disgusting,” and indicating Williams, who is White, could be to blame because he was “pushing hard to win (the) candidacy.” 

Colorado Springs mayor grilled on day 2 of hate crime ‘hoax’ trial

Lawyers on both sides have spent a considerable amount of time during the trial discussing a six-minute phone call between Bernard and Mobolade in the days after the news of the incident emerged.

Bernard claimed the phone call was about the “hoax,” which conflicts with what Mobolade testified on Tuesday. During  call, Bernard alleged Mobolade promised to “squash” the story when Bernard expressed concern over backlash.

Mobolade testified he could not remember what the call was about, but said he would have reported Bernard to the authorities had the “hoax” been a topic of conversation. He was also asked if Bernard pressed him for favors, which Mobolade denied.

Bernard testified that Mobolade, once in office, would aid in funding the radio station Bernard owned, the “Family Flavors The Slide World Broadcasting Network,” or “The Slide.”

The rise and fall of former Mobolade booster Derrick Bernard Jr., and his radio station, The Slide

Additionally, Bernard claimed he was promised protection from prosecution by Mobolade. The defendant added that this case would not have been a federal matter if he was not the only Black radio broadcaster in Colorado Springs at the time.

“I had guarantees I would not be bothered,” Bernard repeated multiple times.

Doherty testified about text messages between Bernard and Blackcloud that were sent on May 16, 2023, in which Bernard sends a link to city job openings to Blackcloud, telling her to apply.

“I want favors quicker than later … if I can place ppl inside we can’t lose,” Bernard states. “Between Yemi, Regina and Tony, we lit.”

It was unclear who Bernard was referring to when he mentioned “Tony.”

Bernard in his time on the stand slammed lead U.S. Attorney Bryan Fields multiple times, telling him he was “wasting the jury’s time” and “wouldn’t trip up (Bernard) with semantics.” Bernard also tried to object to speculation at one point while on the stand.

“Why are you acting silly and dull right now?” Bernard said to Fields. “Have you done your research on me? Do you know who I am?”

At one point, Bernard said he did not want to talk to Fields any longer and that he had the option to not answer his questions. U.S. District Court Judge Regina M. Rodriguez corrected him and said that, since he agreed to testify, he was subject to cross-examination. 

Throughout the trial, the prosecution has sought to prove the “hoax” was a “true threat” and not an act of “political theater,” as Blackcloud’s attorney Britt Morton Cobb asserted during opening arguments.

When asked what was the message of the cross burning, Bernard responded, “It is not a death threat.”

“Other people did think it was a real threat. Yemi Mobolade did not,” Bernard said.

Mobolade and his wife, Abbey Mobolade, claimed otherwise during their respective testimony on Tuesday.

Colorado Springs mayor testifies, gets emotional on day 1 of cross burning hate crime ‘hoax’ trial

Bernard is currently serving life in prison without possibility of parole for ordering the 2019 murder of William Underwood, who went by the rapper name “FYL Jackk.” Aee Shawn Mathews, 26, the accused triggerman, was acquitted of killing Underwood but found guilty of conspiracy to commit the killing in a trial last month.

Bernard’s criminal history was raised in court Thursday when he was asked by Fields if he had respect for the courts and the law. Bernard claimed that law enforcement officials in Colorado Springs had it out for him, and that he is in the middle of an appeals process for the conviction. 

Doherty was questioned Thursday after the FBI investigation and said that the investigators believed the crime was staged, likely by Mobolade supporters, as early as July 2023. However, the agent said the FBI did not inform Mobolade of this but that Colorado Springs police did.

At one point, Mobolade was under criminal investigation, Doherty testified, but no charges were filed, according to a letter from the U.S. Attorney’s Office introduced as evidence earlier in the week.

Mobolade initially denied having the phone call with Bernard. Doherty testified the FBI knew Mobolade was making false statements at the time. Mobolade also left out some details when talking with federal agencies, including the fact that he started using a new personal cellphone the day after the “hoax.”

Doherty testified Mobolade became a suspect because it was unclear what kind of relationship he had with Bernard and because his false statement in the initial FBI interview.

However, Doherty explained Mobolade was ruled out as a suspect once the FBI received substantial evidence that the mayor was making many phone calls during that time, which could explain why he may not have remembered the six-minute phone call.

After the first interview with the FBI, Doherty testified Mobolade was more willing to discuss further details and fully cooperated.

Colorado Springs Mayor Mobolade says he ‘fully cooperated’ with investigation into faked hate crime

Closing arguments are set to begin Friday.

Colorado Springs mayor testifies, gets emotional on day 1 of cross burning hate crime ‘hoax’ trial

Colorado Springs mayor grilled on day 2 of hate crime ‘hoax’ trial