Unfinished Lives

Remembering LGBT Hate Crime Victims

Wisconsin Queer Bashing Suspects Face Trial; Gay Panic Excuse Put to Test

PJ's Bar, Oshkosh, scene of brutal Christmas Day queer bashing (Facebook image)

Oshkosh, Wisconsin – Two suspects arrested in the bashing of a gay man outside a gay bar on Christmas Day will go to trial, according to reports from WTAQ News Talk.   Lyall Ziebell and Jacob “Jake” Immel-Rhode, both 20, waived their preliminary hearings on January 5. Ziebell entered no plea, and will face arraignment on January 12. Immel-Rhode pled not guilty to all charges, and is due back in court for a pre-trial conference on February 1. The alleged attackers are charged with battery causing great bodily harm, and burglary.  The battery charge for both men also carried a hate crime modifier, which increases the penalties for the crimes, if found guilty. If the maximum penalty is invoked, each man could serve 23-and-a-half years in prison and face $40,000 in fines.

The police complaint states that Immel-Rhode and Ziebell agreed to give a cigarette to the victim in exchange for a shot of liquor at PJ’s bar on Oregon Street in Oshkosh just before 2 a.m. on Christmas Day.  When the three men came out of the bar to smoke, the attack started almost immediately.  Ziebell, who characterized himself as “very homophobic,” hit the victim so hard he collapsed on a car hood, and then fell to the pavement, where Immel-Rhode set upon him, kicking the helpless man while shouting that he was a “stupid faggot.” The alleged assailants excused their actions because they say the victim “tried to hit on” Ziebell who threw the first punch. The complaint further states that the pair robbed a Mexican market on the way home to Ziebell’s house, stealing money and pre-paid cell phones.

The victim suffered a broken jaw and injury to his brain from the brutal attack, and underwent emergency surgery.  He was then admitted to Intensive Care.  Recently, he was released from the hospital to recuperate at home, and to deal with the emotional trauma of the assault.

The Wisconsin Gazette reports that James Combs, a friend of the victim, has started a petition on Change.org calling attention to the hate crime, and urging Winnebago County Assistant D.A. Adam Levine, Democratic State Senator Jessica King, and others in authority to make sure justice is done in this case, including pursuit of hate crimes charges.  The petition can be accessed by clicking here. Combs told the Gazette, “We really need to draw attention to this kind of thing. People have not really grown accustomed to gay people, and there is still violence and horrible things happening.”  He also said that a fund to help pay the victim’s hospital expenses is being set up.

Among the most important aspects of this case is the gay panic excuse the attackers gave for their violence against a gay man. In the gay panic defense, alleged homophobic assailants rely upon latent negative feelings in the general public to cloud the issue of the crime, and to lessen popular anger at their deeds.  The illogic of the gay panic excuse turns justice on its head: the victim is put under the spotlight, insinuating that he or she was somehow responsible or “had it coming” when violence is perpetrated against them. In its more extreme forms, the innuendo implies that the victims actually went out seeking punishment for their “perverse lifestyle.” When used in court, as by all indications will be done in this case, defense attorneys count on anti-gay prejudice buried in jurors to buy acquittal or a lesser sentence for their clients. Sadly, this has worked in the recent past in American courts, an amazing outcome in the 21st century. James Combs says in the narrative for the Change.org petition,  Hate Crime Tolerance in Wisconsin, “We need to let lawmakers know that Gay Panic Defense will never fly as an excuse, and any jury would agree. Let’s make sure they receive the full sentence.”

The gay panic defense is a discredited, out-of-date, and outworn attempt to sully the character of LGBTQ victims of hate crimes, and to obstruct justice.  No victim deserves physical attacks for being gay or lesbian in the United States of America. Neither should any victim of an anti-gay hate crime face the burden of emotional distress and public shame by having his character brought into question–an irrelevant point in cases such as these. For defendants to present such a “justification” for their actions in an American courtroom should, by itself, increase the penalty of law for false accusation.

January 8, 2012 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, Blame the victim, gay bashing, gay men, gay panic defense, GLBTQ, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Perpetrators of Hate Crime, Slurs and epithets, Social Justice Advocacy, Wisconsin | , , , , , , , , , , , , , , , | 1 Comment

Gay Panic Murder of Homeless Disabled Man in Connecticut

Matthew O'Brien-Veader, on trial for the brutal murder of a homeless disabled man he believed made a sexual advance toward him.

Waterbury, Connecticut – Police officials say that a Waterbury man savagely murdered a homeless disabled man living in the same abandoned factory because of an alleged sexual advance.  Matthew O’Brien-Veader, 23, took shelter in the derelict warehouse along with his alleged victim, 39-year-old Joed Olivera, in June 2009.  During his sleep, O’Brien-Veader believed that the older disabled man attempted to have sex with him, and flew into a homophobic rage, according to the Republican American. Police arrested O’Brien-Veader June 12, 2009, and charged him with the grisly murder. He was bound over for trial in superior court, which finally began in Waterbury this week after a series of delays.

Court documents say that O’Brien-Veader attempted to throw Olivera down a flight of stairs, beat Olivera with his own pair of crutches until they shattered, and then repeatedly stabbed him with a dagger before throwing Olivera’s body through a jagged hole in the floor to the room below.  Others in the factory found Olivera’s body atop a jagged pile of junk, covered with a piece of plywood. One man who saw the mangled body of the homeless victim was so disturbed by the scene that he testified in in Waterbury Superior Court Tuesday to running out of the building and smoking marijuana to calm his nerves. O’Brien-Veader’s friend, Jason Benoit, testified that O’Brien-Veader had a deep aversion to LGBTQ people, and had told him that all gay people should be rounded up and dropped on a deserted island. According to the Hartford Courant, the defendant could receive a life sentence if found guilty.

O’Brien-Veader sat quietly beside his attorney as the case, postponed until over two years after the homicide, unfolded in the Waterbury courtroom. By invoking the gay panic defense, suggesting that the victim was responsible for his own murder, the defense hopes to cloud the minds of jurors enough to lighten the sentence, should their client be found guilty.  The recent King-McInerney gay killing in Oxnard, California gave the gay panic defense new life in American courts.  Defense attorneys for McInerney, a teen who confessed to the execution-style shooting of his teenaged gay classmate, Larry King, in front of a room full of witnesses, argued that unwanted sexual advances pushed McInerney to pull the trigger.  The ploy succeeded in reducing the conviction from murder to manslaughter.  O’Brien-Veader’s defense team is hoping that enough residual heterosexism and homophobia exists in jurors to bring a similar result for their client.

January 5, 2012 Posted by | Anglo Americans, anti-LGBT hate crime murder, Beatings and battery, Blame the victim, Connecticut, gay panic defense, GLBTQ, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, LGBTQ, Perpetrators of Hate Crime, stabbings | , , , , , , , , , , , | 4 Comments

McInerney Pleads Guilty to 2nd-Degree Murder for Executing Larry King

Brandon McInerney executed his gay classmate in February 2008.

Ventura County, California – The teen killer of a gay classmate has pleaded guilty second-degree murder.  Brandon McInerney, 17, 14-years-old at the time he pulled the trigger, shot gay 15-year-old Larry King in the back of the head execution-style at E.O Green Middle School in Oxnard, California in February 2008 before the eyes of his first-period classmates.  The facts of the case are undisputed.  Rising behind his victim, McInerney pumped two rounds into the back of Larry King’s skull, fulfilling a threat he made to a girlfriend at school the day before.  McInerney will receive a 21-year sentence for a crime that many say bears all the hallmarks of a pre-meditated, first-degree hate crime murder.

In September of this year, a mistrial was declared after two months of testimony, due to the inability of the jury to come to a decision about the guilt of young McInerney.  Prosecutors had argued for first-degree murder, based on the established pre-meditation and the heinous nature of the crime.  Under California law, a 14-year-old may be tried as an adult, and McInerney, who confessed to the murder seemed to fit the statute’s requirements. Prosecutors claimed that because of McInerney’s antipathy toward King’s sexual orientation and gender expression, and because of white supremacist loyalties the killer clearly embraced, the murder was a clear-cut case of anti-LGBT hate crime.  Defense turned the tables on the prosecution, putting the dead victim on trial instead of their client.  They resurrected the infamous “gay panic/trans panic” defense, drumming their contention into the jurors’ minds that King was the prime aggressor, pressing his flamboyant sexuality toward McInerney until he “snapped.”  Enough of the jury bought the ploy that the jury hung. Had the first-degree charge been upheld, the defendant would have received 53 years for his crime.

The Advocate reports that formal sentencing will take place for McInerney on December 19. Twenty-one years in prison is a long time for McInerney to consider that every day he lives is another he stole from a gay classmate because of his discomfort with a person who was different. For the LGBTQ community, the specter of the “gay panic defense,” like a hungry ghost, lingers on, given new energy by this plea deal.

November 22, 2011 Posted by | African Americans, Anglo Americans, Anti-Gay Hate Groups, anti-LGBT hate crime murder, Blame the victim, California, Character assassination, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Neo-Nazis and White Supremacy, Perpetrators of Hate Crime, School and church shootings, transgender persons, transphobia | , , , , , , , , , , , , , , , , , | Leave a Comment

Larry King’s Killer to be Retried in California; Hate Charges Dropped

Brandon McInerney to be retried for the murder of gay classmate, Larry King

Ventura County, California – Prosecutors announced on Wednesday they would retry teen Brandon McInerney for the execution-style murder of his gay classmate, Lawrence Fobes “Larry” King in adult court.  This time, however, all hate crimes charges are being dropped.  Maeve Fox, chief prosecutor in the case, said that the trial would begin on November 21 in Ventura County Superior Court. KABC in Los Angeles reports that defense attorneys for McInterney hope the case will be settled by plea bargain before the trial begins.

A mistrial was declared on September 2 when the nine-woman, three man jury in Chatsworth could not agree on a verdict.  Some jurors have contended that McInerney, who was 14 at the time of the shooting, should never have been tried as an adult.  They also have said they were not convinced by the prosecution that white supremacist, anti-gay prejudice led McInerney to kill his gender variant classmate, whom McInerney knew as “the little fag.”  The defense successfully used a version of the outworn “gay panic defense” to switch sympathies of the jury and the public in the case, putting Larry King’s dress and habits on trial at least as much as the criminal act of their client, the brutal in-class shooting.  Defense has consistently denied using the gay panic defense, and just has consistently employed it to insinuate that their client’s actions were mitigated by the intimidation he felt coming from a smaller, bullied gay teen.

In order to get a conviction, the prosecution has deleted all hate crimes charges, raising the ire of LGBTQ rights advocates around the nation.  Once again, a courtroom in Southern California will be the arena for the validity of the gay panic defense in the most notorious anti-gay hate crime since the murder of Matthew Shepard in 1998.

October 5, 2011 Posted by | African Americans, Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Matthew Shepard, Neo-Nazis and White Supremacy, Perpetrators of Hate Crime, School and church shootings, Slurs and epithets, Social Justice Advocacy, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , , | 1 Comment

Prosecutors To Retry Gay Teen Larry King’s Killer “Immediately”

Floral Tribute for Larry King, 15-year-old hate crime victim

Ventura County, California – Prosecutors in the Brandon McInerney murder trial promised to retry the teen for premeditated murder and a hate crime on Friday, the day after a Superior Court jury deadlocked on a verdict.  The Los Angeles Times reported that the prosecution maintains the evidence in the murder of 15-year-old gender variant Lawrence Fobes “Larry” King by his 14-year-old classmate in February 2008 is still persuasive: When McInerney shot King in an Oxnard middle school classroom, it was nothing less than a homophobic/transphobic hate crime and a clear cut case of premeditated homicide under California law.

The hung jury, who after several votes finally deadlocked at seven for voluntary manslaughter and five split between first- and second-degree murder, presents both a problem and an opportunity to the Ventura County officials.  On the one hand, jurors have suggested that they believe charging McInerney, now 17, for murder as an adult, was an overreach. Had he been convicted of first-degree murder, the defendant would have served better than fifty years in prison, and perhaps life.  Had McInerney been tried and convicted in juvenile court, he would have been released by age 25. Some other jurors have said to defense attorneys that the hate crime charge was not proven in court.  On the other hand, a conviction as a juvenile may be easier to obtain. So, the prosecution will have to determine whether to re-try the defendant as a juvenile this time, even though California law permits 14-year-olds to be charged and tried as adults in cases of capital murder.  Chief Assistant District Attorney Jim Ellison told the Times: “We will consider the fact that this was a very significantly split jury. We will consider everything. There are obviously very strong reactions on both sides, and we will consider all those in how we proceed.”

The murder of Larry King is the most closely watched hate crime murder case in the United States, since the trial of Aaron McKinney and Russell Henderson for the slaying of University of Wyoming student, 21-year-old Matthew Wayne Shepard in 1998. Of particular importance to LGBTQ advocates and other hate crimes victims throughout the country is the controversial use of the “gay panic defense” by McInerney’s defense team.  Should McInerney receive a lesser sentence for the murder of King because he was disturbed by King’s sexual orientation and gender presentation, or by his bearing, words, and deeds that expressed that dimension of who King was, such as the clothes or cosmetics he wore, or his flirtatiousness, then the implications for other killers perturbed by race, religion, sexuality, or gender characteristics would be immense. Also of note is the success of the defense in minimizing the bullying King, a bi-racial gay boy, endured in schools for over five years, virtually exclusively because of bias against his sexual orientation and gender presentation.

In a second report on Friday, the L.A. Times interviewed long-time former district attorney from Ventura County, Michael Bradbury.  Bradbury contends that even though prosecutors may glean a whole trove of new information from the current jury, re-trying anyone after a deadlocked jury is risky, especially re-trying a youth like McInerney.  Bradbury told the Times, “The public may see a straightforward murder case, but this case is far more complex, firstly, because of the age of the defendant at the time of the act and, secondly, the manner in which he was raised by his parents, which was clearly dysfunctional and by all accounts horrific.” The former D.A. went on to say that the host of strong emotions surrounding the case makes a second trial’s outcome “highly unpredictable.”

September 2, 2011 Posted by | Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, Character assassination, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Neo-Nazis and White Supremacy, Perpetrators of Hate Crime, School and church shootings, Social Justice Advocacy, trans-panic defense, transgender persons, transphobia | , , , , , , , , , , , , , , , , , | 1 Comment

Judge in Larry King Murder Case Declares Mistrial: Jury Hung

No Justice Yet for Hate Murder Victim Larry King

Chatsworth, Los Angeles, California – In breaking news, the judge in the trial of teen Brandon McInerney for the hate crime murder of bi-racial student Larry King has declared a mistrial. Prosecutors have not yet decided whether they will seek to retry McInerney, now 17 years old, for the murder of his gender variant classmate in 2008.  Steve Rothaus of Gay South Florida picked up the Associated Press report late this afternoon, detailing how the jury could not come to a unanimous verdict in the case.  Nine women and three men on the jury informed Judge Charles Campbell that they were stalemated over whether to find McInerney, who undisputedly shot 15-year-old Larry King to death with a .22 caliber pistol in first period computer class at E.O. Green Middle School in February 2008, guilty of manslaughter, first-degree murder, or second-degree murder.  Seven jurors declared they were in favor of a verdict of voluntary manslaughter, while the other five were split between first- and second-degree murder.

The defense team appears to have scored something of a victory, convincing a majority of the jury that their client was in some sort of “dissociative state” at the time of the killing.  More disturbingly for LGBTQ legal advocacy observers and hate crime activists is the partial success of the “gay panic defense” that Scott Wippert and the defense team denied was a part of their strategy, but which most sure was.  Defense hammered the jury with claims that teen gay student King was somehow responsible for his fate because of their rendition of “bizarre sexualized behavior” and “sexual aggression.”  The gay panic defense, which blames the victim for the crime, has been discredited for years in American courts, but the special circumstances of a youth like McInerney who came from a dysfunctional family background (both his parents were addicts) successfully clouded what was otherwise a clear cut case of first-degree, premeditated murder.

Under California law, McInerney was old enough to be tried as an adult.  Ventura County Prosecutor Maeve Fox argued that since the defendant told at least six people he was going to kill King, premeditation was clearly established. Further, Fox argued that McInerney was a fervent anti-gay boy, influenced by white supremacist and Neo-Nazi skinhead ideology and teachings.  McInerney was in possession of a trove of Nazi items and symbols, as well as white supremacist literature at the time of the murder.

Nonetheless, the mistrial gives the prosecution pause. As commentator Lisa Bloom, a respected attorney, noted on a CNN panel discussing the trial last week, the jury is not supposed to ignore premeditation or be swayed by sympathy for the sad circumstances of a defendant.  ”[The gay panic defense] is not an acceptable defense in an American courtroom,”  she said. Bloom went on to assert that no jury would allow a racist to claim that rage over the acts and speech of a black person altered the consciousness of the defendant enough to push him to murder.  What is the prosecution to do in a situation in which the message that a boy was gay was enough to get him killed, and to hang the jury in his slayer’s murder trial?  McInerney killed King.  Now, whether he will face the justice his actions deserve is up in the air–as well as the memory of his victim, Lawrence Fobes “Larry” King.

September 1, 2011 Posted by | African Americans, Anglo Americans, anti-LGBT hate crime murder, Blame the victim, California, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Perpetrators of Hate Crime, School and church shootings, Social Justice Advocacy, trans-panic defense, transgender persons | , , , , , , , , , , , , , , , , , , , | 9 Comments

Fate of Larry King’s Teen Murderer Goes to Jury in California

Brandon McInerney (L), and Lawrence Fobes "Larry" King, (R)

Chatsworth, Los Angeles, California – After prosecution’s closing statement yesterday, and defense’s closing statement today, the trial of teen Brandon McInerney goes to the jury.  Long weeks of hard-fought testimony, evidence and counter-evidence have come down to the judgment of twelve citizens over a deadly serious question: Is the victim of a homicide responsible for his own death, or not?  McInerney’s defense team, led by Scott Wippert, has tried mightily to paint 15-year-old Larry King as the aggressor in his own slaying, justifying their client, the confessed killer, somehow for shooting his classmate twice in the head in broad daylight. Bridling at any suggestion by the prosecution that he and his team were using a version of the discredited “gay panic defense,” in which the psychic trauma of encountering perceived harassment by a gay person “ignites” a passion to kill, Wippert nonetheless has consistently used that logic to paint King as a “sexual aggressor” who made all the boys at E.O. Green Middle School in Oxnard feel unsafe.  According to The Advocate, King’s manner of effeminate dress and language “harassed” the boys (most especially his client), and disrupted school life to the point that, as Wippert put it to the jury, “The [E.O. Green] boys didn’t feel safe in the school,” because of the 5-foot 4-inch, 125-pound King.

Prosecutor Maeve Fox sought to counter such an argument, calling the strategy of the defense an appeal to anti-gay sentiments and oppressive anti-feminine stereotypes.  “It’s an attempt to reach somewhere deep down,” she said in her rebuttal to the jury. “To a dark place.”  Fox showed a photo of King taken just days before his execution-style murder, smiling as he held up a green dress given him by his teacher, Dawn Boldrin.  According to The Advocate, King was wearing a school uniform at the time of the picture, not women’s clothing, and had on unobtrusive makeup. Fox asked the jury as she held up the picture, “This is the guy that you are being asked to believe was a sexual predator who tortured the defendant into a state of despair.This [person] is so threatening to the average male psyche of 14 or 44 or 84?”  She reminded the jury that if they bring in a verdict of manslaughter, they would be ignoring the testimony of students who said McInerney told them days before the killing that he was going to end King’s life, and further, the expert psychiatric report in which McInerney said he did not even consider his victim a human being. A manslaughter verdict would mean the jury believed that any average person would have acted in the same way McInerney did on the day he took his teenage classmate’s life.  But premeditation of the sort the defendant exhibited by planning and waiting until first period class was well underway before he pulled out his pistol and shot King in the back of the head dictates a first-degree murder sentence.

Wippert reported referred to the tender age of his client 39 times in his closing statement to the jury.  He contended that King’s quip to McInerney the day before he killed King, “What’s up, baby?”, was “the straw that popped the balloon,” and pushed McInerney to shoot him.  Fox rebutted that King was just giving back something of the stress that he had experienced from McInerney and his clique as they bullied him for being different.

But would an average person take such umbrage at affectations and effeminate ways, even if aimed at such a person, that he would plan and shoot an unarmed person in cold blood?  Prosecutor Fox said no.  McInerney wasn’t acting as an average person.  He was acting out his white supremacist schooling to kill a sub human, as reported by the Associated Press.  He believed, Fox contended, that killing King was doing everyone a favor, and that he would be congratulated for doing it.

The jury will decide soon.  No case of a hate crime killing against a gay person has drawn more attention since the murder of Matthew Shepard in Laramie, Wyoming in 1998. If the jury brings in a verdict of manslaughter, McInerney, who is now 17, may be eligible for release before he is forty.  If they decide for first-degree murder, he may not see freedom before he is 57.

August 26, 2011 Posted by | African Americans, Anglo Americans, Anti-Gay Hate Groups, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, Character assassination, gay bashing, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Perpetrators of Hate Crime, School and church shootings, trans-panic defense, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , | 1 Comment

Larry King’s Teen Murderer Refuses to Testify in His Own Defense

Chatsworth, Los Angeles, California – Seventeen-year-old Brandon McInerney was not put on the stand by his defense team on Monday, the last day of testimony for the defense, in the closely watched trial of straight-on-gay teen murder.  The Los Angeles Times reports that his chief attorney, Scott Wippert, told the court that McInerney declined to take the stand. Now that the defense has rested, closing arguments are expected to commence immediately.  The facts of the case are not in dispute: McInerney, 14 at the time of the February 2008 homicide, killed his fellow eighth grade student, Lawrence Fobes “Larry” King, a gay, bi-racial 15-year-old, in their first period computer class at E.O. Green Middle School in Oxnard.  McInerney’s defense hinges on a version of the discredited “gay panic” defense that has long been employed by defendants in cases of anti-gay murder.  His defense team is gambling that they can create sympathy for McInerney by claiming he was in a severe “dissociative state” because of King’s gay mannerisms, dress, and affectation–that McInerney interpreted King’s speech, dress, and acts as “sexual harassment,” and killed him because of it.  A psychologist for the defense testified that McInerney “snapped” at the time of the shooting, according to ABC News 7. When employed to justify the violence perpetrated by mature adults, the gay panic defense seeks to play on the latent fears of jury members to cloud the verdict they would otherwise render, or, barring that, to soften the punishment for the crime because of “mitigating circumstances” and “states of mind.”

The prosecution built its case on testimony and physical evidence of skin-head, Neo-Nazi and white supremacist loyalties McInerney held.  The motive for McInerney’s deadly crime, the prosecution contends, was deep-seated hostility toward gays and transgender people.  Prosecutor Maeve Fox pointed repeatedly to the premeditation it took the defendant to plan the slaying, conceal the murder weapon, restrain his attack until first period class was in session, and then shoot his victim not once but twice in the back of the head, execution-style.  McInerney announced his intention to kill King well ahead of the deed, according to testimony rendered in court.  Evidence of premeditation prior to the trial in large part caused a judge to rule that McInerney would be tried under California criminal law as an adult, even given his youth.

If the defense succeeded in convincing the jury that young Larry King was responsible for his own murder at the hands of an innocent, straight boy who snapped under the strain of “unwanted sexual advances,” then the gay panic defense will have a new lease on life in courtrooms throughout the United States where perpetrators will make the argument that their gay, lesbian, bisexual, and transgender victims in some sense “made them do it.”  If, on the other hand, the prosecution turns aside this latest version of the gay panic defense, and convinces the jury that a murdered boy cannot be guilty of his own death, then the venerable and disreputable gay panic defense will be dealt a severe blow in American juris prudence.

August 23, 2011 Posted by | Anglo Americans, Anti-Gay Hate Groups, anti-LGBT hate crime murder, Bisexual persons, Blame the victim, Bullying in schools, California, Character assassination, death threats, gay bashing, gay men, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, Lesbian women, LGBTQ, Neo-Nazis and White Supremacy, Perpetrators of Hate Crime, trans-panic defense, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , , , | 1 Comment

Families/Friends at Each Other’s Throats During Trial of Larry King’s Alleged Murderer

Brandon McInerney (left), and Lawrence Fobes "Larry" King (right)

Chatsworth, Los Angeles, California – The Advocate and the Los Angeles Times report that the trial of Brandon McInerney erupted in tears and rage as the courtroom proceedings entered their fourth week. Dawn Boldrin, former teacher of both boys, showed pictures she took of the lime green strapless chiffon dress she presented to 15-year-old Larry King.  Ms. Boldrin, members of McInerney’s family,  and many in the courtroom sobbed and shed tears as they saw the broad smile on King’s face as he held up the dress.  Shortly after Larry King received the dress, just a matter of days, in fact, his classmate Brandon McInerney allegedly shot King to death execution-style in full view of dozens of other students and Ms. Boldrin, their first period teacher. The display of emotion proved too much for King’s parents.  As the L.A. Times reports: “An infuriated Greg King, father of Larry King, stomped out of the courtroom. He returned a short while later and rounded up the entire King family to leave the courthouse for the day. As the group walked past Boldrin’s daughter and another relative, Larry’s mother, Dawn King, whispered an expletive to them.”  On Friday morning, the presiding judge, Ventura County Superior Court Judge Charles Campbell, ruled that King’s mother would not be permitted to attend the trial any further because of her profane outburst the previous day.  Later, outside the courtroom, King’s father told reporters that he became enraged at the emotional display on Boldrin’s part because he believed her to be a hypocrite, shedding what he termed “crocodile tears.”  The Advocate quotes King as saying, “My son is dead and they’re crying?  That’s the woman (referring to Boldrin) who gave him a dress after complaining that he shouldn’t be coming to school in makeup and boots!”  By accentuating Larry King’s overt gender-outlaw behavior, and hyping the image of the dress, McInerney’s defense team is seeking to shift blame from their client to the dead gay student, suggesting that his alleged aggressive, sexualized overtures toward McInerney drove him to violence.  In order to counter this subtle form of the outworn “gay panic defense,” the prosecution has portrayed the defendant as a violence-prone neophyte white supremacist who harbored deep anti-gay and anti-transgender biases.  McInerney is being tried in the Chatsworth courthouse as an adult, even though he was 14 at the time of the murder.  If he is convicted of the slaying, McInerney, now 17, could face 53 years to life in prison.

August 1, 2011 Posted by | African Americans, Anglo Americans, Anti-Gay Hate Groups, anti-LGBT hate crime murder, Bullying in schools, California, Character assassination, Execution, gay bashing, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Neo-Nazis and White Supremacy, Perpetrators of Hate Crime, School and church shootings, Slurs and epithets, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , , , | Leave a Comment

Why is Larry King Put On Trial for His Own Murder? Get the Full Story

Larry King (Newsweek graphic from "Young, Gay and Murdered")

Chatsworth, California – Larry King was murdered in cold blood in his first period computer classroom.  As he unsuspectingly worked on a paper on World War II, his middle school classmate, Brandon McInerney, allegedly moved up behind him and shot him in the back of the head before the unbelieving eyes of dozens of students and Ms. Joy Boldrin, his teacher. Then McInerney, who had been a party to harassing Larry for months about his gender non-conformity, pointed the .22 pistol again and delivered a coup de grace to Larry’s ravaged head.  In his landmark book,Unfinished Lives: Reviving the Memories of LGBTQ Hate Crimes Victims (Resource Publications 2011) , Dr. Stephen Sprinkle treats the King/McInerney story at length, exploring the backgrounds and struggles of both teenagers. In the chapter, “Baby Boys, You Stay On My Mind,” Sprinkle sets Larry’s murder in the context of other assassinations of femininely presenting boys of color throughout the United States in early 2008.  Larry King fought back with the only power he had: his camp persona.  Half African-American, he was small, gracile, and not nearly as strong as the gang of boys, the “Young Marines,” surrounding Brandon McInerney. Larry learned to flirt in order to push back against his harassers. By the time of his murder, Larry was a five-year veteran of bullying in schools. McInerney, though slightly younger than Larry, was cultivating a “cool” image with middle school girls–an image aided by his overt harassment of Larry, “the little fag.” Underneath the surface of McInerney’s “cool,” though, was a budding white supremacist, whose confused masculinity chose violence as a way to silence the boy who turned the tables on him. Almost from the moment Larry’s murder hit the newswire, journalists started digging for dirt on the young gender outlaw.  Newsweek’s infamous article by Ramin Satoodeh labeled Larry a sexual aggressor in a blaze of controversial hot type. The Gun Lobby sprang into action to defend handguns. Larry’s partisans struck out at McInerney’s character, too. As Sprinkle details the journalistic feeding frenzy in the days following the murder, “these two boys were both abused by a media establishment determined to give a voracious public the news it was hungry to have: digestible pictures of a victim and his alleged killer to feed the insatiable American fascination with teen-on-teen violence.” 

Opening arguments in the McInerney trial, now taking place after three years of legal wrangling over Brandon’s status as a juvenile or an adult, and a critical change of trial venue, are busy following the lead of the media. Larry is being portrayed as a maladjusted predator (at 15? How is this possible?), and McInerney is being painted as a first-degree murderer who planned homicide in large part because of his homophobia and transphobia. The defense is indulging in a what amounts to the gay panic defense that has been discredited in courtrooms throughout the nation. Behind the defense strategy is the amazing idea that any expression of sexuality on the part of a gender non-conforming person makes violence legitimate in response. Just as Sprinkle surmised, the trial is going to turn on whether Larry King can be put on the stand as the chief malefactor instead of the defendant. As Sprinkle says, “There is a stark difference between the boys that no media wizard can resolve.  While Brandon remains alive and able to defend himself against the negative portrayals of his identity, Larry King cannot. He lost his voice in death” (Unfinished Lives, p. 284).

Unfinished Lives recounts in a chapter-length format the backstory of this, the most-publicized anti-LGBTQ hate crime murder since the slaying of Matthew Shepard in 1998. The book also tells the stories of thirteen other gay, lesbian, and transgender lives in these United States cut brutally short by unreasoning violence.  Unfinished Lives will be an indispensable resource for anyone wanting to understand the McInerney murder trial for what it really is.  To explore or purchase the book, go to http://www.amazon.com/Unfinished-Lives-Reviving-Memories-Victims/dp/1608998118/ref=sr_1_1?ie=UTF8&s=books&qid=1310064063&sr=1-1 or to https://wipfandstock.com/store/Unfinished_Lives_Reviving_the_Memories_of_LGBTQ_Hate_Crimes_Victims

July 7, 2011 Posted by | African Americans, Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, Character assassination, Execution, gay bashing, gay panic defense, gay teens, gender identity/expression, Gender Variant Youth, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, Lesbian women, LGBTQ, Media Issues, Perpetrators of Hate Crime, Remembrances, Slurs and epithets, Social Justice Advocacy, trans-panic defense, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , , , , , , , , , | 2 Comments

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