Wisconsin Queer Bashing Suspects Face Trial; Gay Panic Excuse Put to Test
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.
Gay Couple That Changed the World: John Lawrence and Tyrone Garner Remembered
Houston, Texas – Lawrence v. Texas, set in motion by a couple of accidental gay activists, broke the back of anti-sodomy laws in the United States. What they did amounts to the “Brown v. Board of Education for gay and lesbian America,” according to Harvard constitutional law expert, Laurence Tribe. Yet when John Geddes Lawrence, aged 68, died on November 20 of heart disease at his home in Houston, no mention of the landmark Supreme Court decision was made in the obituary or at his funeral. Tyrone Garner, the other half of this remarkable couple, had preceded Lawrence in death back in 2006. Only when a lawyer in the case, Mitchell Katine, called Lawrence to invite him to a ceremony commemorating the law-changing decision, did he receive word of Lawrence’s passing from his life-partner, according to the New York Times. Katine let the rest of the world know that an inadvertent giant in the struggle of LGBTQ equality had died.
Lawrence and Garner were arrested on September 17, 1998 for sodomy in a private home by Houston Police. The police had been called in to investigate a false weapons report by a jealous former lover of Lawrence’s, who admitted he had falsified the report as an act of revenge. Nonetheless, the arrest went down, and Lawrence and Garner, who had hooked up earlier that day, were thrust by events upon the stage of history. Lawrence was angry at the arrest, feeling that his privacy had been violated unjustly. That anger was a fire in his belly that saw the case through lower courts to the U.S. Supreme Court for its decisive ruling of June 2003, striking down anti-sodomy laws in fourteen states. Writing for five of the six Justices on the prevailing side, Justice Anthony Kennedy declared, “The petitioners are entitled to respect for their private lives. The state,” he continued, “cannot demean their existence or control their destiny by making their private sexual conduct a crime.” A compilation of documents and the text of Lawrence v. Texas, provided by Justia.com, the U.S. Supreme Court Center, may be accessed here.
We cannot overestimate the significance of John Lawrence and Tyrone Garner’s decision to fight back against an unjust law. So much hung in the balance. They were not professional activists, the rainbow-flag-waving kind. They were simply two gay men, attracted to each other, whose right to privacy was trampled by a legal system that upheld a heterosexist status quo. One black, one white, this gay couple set the wheels in motion for every forward step in human rights since 2003: the passage of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, the repeal of Don’t Ask, Don’t Tell in 2010, and its full implementation by the Joint Chiefs of Staff, the Secretary of Defense, and President Barack Obama in 2011, and the whole raft of same-sex marriage laws passed on the state level around the nation.
Professor Dale Carpenter, who wrote a recent book on Lawrence v. Texas, interviewed John Lawrence. In conversation, this unassuming naval veteran and obstinate gay man asked Carpenter, “Why should there be a law passed that only prosecutes certain people? Why build a law that only says, ‘Because you’re a gay man you can’t do this. But because you’re a heterosexual, you can do the same thing’?” Tyrone Garner told the Houston Chronicle in 2004 that he took quiet pride in the role he played in history. “I don’t really want to be a hero,” Garner said. “But I want to tell other gay people, ‘Be who you are, and don’t be afraid.’ ”
Sometimes a couple of men get mad, and dig in, and the world changes. That is what the LGBTQ community owes John Lawrence and Tyrone Garner. Because of their courage, the United States justice system has changed forever.
Lesbian Police Officer Promoted in Dallas: Congratulations!

Officer Laura Martin, LGBT Liaison Officer for the DPD, receives her promotion badge from Police Chief David Brown
Dallas, Texas – Officer Laura Martin, the Dallas Police Department’s LGBT Liaison Officer, has been promoted to Senior Corporal. According to the Dallas Voice, Martin was one of 37 officers promoted to the rank. Making her achievement even more notable is that out of 400 who took the exam this year to become Senior Corporal, Martin earned the top score. She received her badge of promotion for Dallas Police Chief David Brown in a ceremony held the first full week of December.
Martin, a lesbian, has been with the Dallas Police Department for the past 14 years, and has been the department’s LGBT Liaison Officer for the past five years. She has been instrumental in improving communications between city police and the large Dallas LGBT population. When crimes affecting the queer community occur, Martin is called in, and she often makes public statements to interpret police actions in sensitive cases. DPD relationships with gays and lesbians have been rocky in the past, especially in instances when the Oak Lawn/Cedar Springs community was not informed of crimes in a timely manner by the police. Martin’s advocacy and professionalism have helped sensitize fellow officers to the issues facing the LGBTQ community, and likewise have made gay people feel they have a voice in the department, speaking up for their concerns and rights.
Martin is currently working primarily in the Dallas Police Department’s Northwest Division. Her duties include membership in a community engagement unit. When questioned by the Voice about whether this promotion would change her venue or her current duties, Martin said that she did not expect any changes in the near future.
Dallas is fortunate to have the professional service of a fine officer like Senior Corporal Laura Martin as Liaison to the LGBTQ community. The Unfinished Lives Project Team, who are engaged in anti-LGBTQ hate crimes education and prevention, join Officer Martin’s many friends and admirers to say, “Congratulations, Laura!”
Ricky Martin Criticizes Move to Drop Gay Protections from Puerto Rico Law
Ricky Martin, Latino Superstar, blasted politicians in his home commonwealth of Puerto Rico for seeking to remove gay people from legal protection from bias-motivated hate crimes, according to Fox News Latino. Martin posted a strong statement on his website blog denouncing the move. In part, he said:
“I am very saddened by the turn the discussion on criminal law has taken in Puerto Rico that proposes to eliminate the aggravating in cases where crimes are committed by prejudice against the victim.” Martin went on to say, “They ought to do their homework and review the Universal Declaration of Human Rights a bit…which says that everyone – all citizens – are equal before the law and have, without distinction, the right to equal protection under the law.”
Martin’s opposition to the change in Puerto Rico’s hate crimes law comes at a time when the numbers of anti-gay and transgender hate crimes are reaching epidemic proportions. His voice will help amplify the protests of local LGBT and Dominican activists who are fighting the passage of the amendment in the legislature. In March 2010, Martin came out openly as a gay man, ending years of speculation by the public. On his website, he said, “I am proud to say that I am a fortunate homosexual man. I am very blessed to be who I am.” After years of declining to comment on his sexual orientation, Martin said, “These years in silence and reflection made me stronger and reminded me that acceptance has to come from within, and that this kind of truth gives me the power to conquer emotions I didn’t even know existed.” Now the father of two young sons , Matteo and Valentino, who were born of a surrogate mother in 2008, Martin took citizenship in Spain in 2011, where he intends to marry his lover. Though he could be married in certain states in the U.S., he has said he wishes to marry in Spain to acknowledge the work of LGBT rights advocates and Prime Minister Zapatero there.
One of the motivators Martin says moved him to come out publicly as a gay man was the gruesome murder of Jorge Steven López Mercado in 2009. The gay teen was abducted, dismembered, beheaded, and his remains were left burning along a rural road in central Puerto Rico. The savagery of the killing awoke the consciences of many on the Island besides Martin, though the numbers of violent attacks against LGBT Puerto Ricans has continued to rise. López Mercado’s murderer has been convicted, and is serving a 99-year sentence.
Gay Hate Crimes in Puerto Rico? Not Any More?

Police view the corpse of murdered gay Puerto Rican, Ezequiel Crespo Hernández, in April 2011 (EDGE photo).
San Juan, Puerto Rico – Puerto Rico’s lawmakers are poised to remove LGBT people from hate crimes protection status with the stroke of a pen. Although at least 18 LGBT Puerto Ricans have been murdered in hate crimes since 2009, Edge Boston reports that the territory’s Senate passed a bill last month removing LGBT people from protected categories under the hate crimes law that has been on the books since 2004. The exclusion effort now goes on to the House of Representatives for a vote this week in a special legislative session called by Gov. Luis Fortuño.
Outraged by the increasing number of anti-gay hate crimes, local LGBT activists demanded investigations in June. The Advocate reports that the grisly murder and dismemberment of Jorge Steven López Mercado, a gay teen, ignited the protests that officials were not investigating anti-gay violence under the territory’s hate crimes law. Recently, the strangulation of gay Ezequiel Crespo Hernández, 22, on a public beach in Camuy, and a gas station assault on transgender woman Francheska González so brutal that it punctured her breast implant, intensified the call for justice to be done. Three more LGBT Puerto Ricans, Alejandro Torres Torres, Karlota Gómez Sánchez and Ramón “Moncho” Salgado, were also found dead within a three-day period in June. ”It seems they have declared open hunting season against lesbian, gay, bisexual, transgender and transsexual people,” Pedro Julio Serrano, founder of the gay rights group Puerto Rico for Everyone, said to the Associated Press. In response to rising criticism, Puerto Rico’s Attorney General directed an investigation into the application of the hate crimes law. Opponents of the LGBT community responded by quietly acting to remove queer folk from the penal code’s protection.
The penal code revision is drawing criticism from legislators and activists alike. The Advocate says Representative Héctor Ferrer and Sen. Eduardo Bhatia are among the most outspoken critics of the change. Ferrer, speaking at a press conference on Sunday, said, “To eliminate these groups as protected categories is to invite the commission of hate crimes in Puerto Rico. It is a setback in the country’s public policy.” Bhatia added his voice, saying, “In an advanced society, this is dangerous for society.” After the proposed amendment removing LGBTs from hate crimes protection, the only categories of persons who would be protected by the law in Puerto Rico would be political affiliation, age, and disability.
Activist Serrano told EDGE, ”Basically they took out the communities hardest hit by hate crimes in Puerto Rico out of the hate crimes statute,” Serrano told EDGE, referring the LGBT community and Dominicans who come to the island for work. “It’s an outrage and now we’re calling upon the House to restore this to where it should be.” Protests and marches against the provision are planned this week throughout island. Serrano, referring to adversaries of the LGBT community, added, “They’re trying to do it under the radar and that’s how it went for a while. Under our watch, we’re not going to let this happen.”
Alleged Butcher of Richard Hernandez Wins Mistrial for Meds Excuse
Denton, Texas – For the second time in a history of delays and postponements, Richard Hernandez’s alleged murderer was ruled “incompetent to stand trial” on November 18 by a Denton County judge. Seth Winder, 31, was ruled unable to assist in his own defense by District Judge Bruce McFarling after an examination finding him either unmedicated for his diagnosed mental impairment, or insufficiently dosed, according to the Crime Blog of the Dallas Morning News. Winder exhibited nearly catatonic behavior during the third day of the trial–evidencing that he had received none of his prescribed drugs for his schizophrenia, or that he had been spitting out and hiding his nighttime dosages, perhaps for weeks before the trial began. No explanation was given for how Winder could have been considered fit for trial on November 16, but zombie-like two days later. Neither was there an explanation of how jailers and med staff at the Denton County Jail could have so woefully neglected to make sure their smart-though-impaired inmate took his meds as directed and actually swallowed them.
Instead of completing the trial process for the gruesome murder and dismemberment of the openly gay Dallasite, Winder was sent to the North Texas State Hospital in Vernon for treatment. The Dallas Observer speculates that Winder may not ever face trial again for the Silence-0f-the-Lambs-style butchery of 38-year-old Hernandez, whose body was never found–save for his internal organs left in the bathtub of his Far North Dallas apartment in September 2008. This marks a second instance that Winder was found unfit to stand trial because of mental issues, the first being in May 2009. Observer reporter Brantley Hargrove found legal opinion divided on whether the Colony resident will have another day in court. Winder’s Defense Attorney, Derek Adame, says he seriously doubts another trial will take place. Denton County Assistant District Attorney Cary Piel, however, believes Winder will face judge and jury again, probably in April 2012.
Winder stands accused of murdering Hernandez in the gay man’s apartment, though the reasons for their relationship remain murky. Both the Morning News and the Observer repeated the unproven allegation that the victim and his supposed killer were gay lovers. Hernandez’s best friend, Rudy Araiza, has staunchly denied the possibility that Winder and Hernandez were ever “lovers,” and makes that point again in a blog response to the Dallas Morning News allegation. “Richard and Seth were ‘Never’ boyfriends!” Araiza said. “I’m not sure why this newspaper is making that statement, I knew Richard for 22 years, I would know!” It may be another instance in which a grisly anti-gay hate crime is toned down for public consumption by partially blaming the victim for his own demise. Media around the country have a notorious record for succumbing to this sensationalist temptation. Investigators said they found pornographic pictures of Winder on the cell phone he lifted from the Hernandez apartment, though no proof has been offered of who took the images, or what they actually depict.
Although the murder weapon was never found, police did retrieve a sword stained with Hernandez’s blood in the tent where Winder was living. Detectives say that Winder used the sword to cut up the gay man’s body. The dismembered parts of the victim were probably disposed of in a nearby dumpster, and then buried under tons of garbage in a landfill, making the body impossible to locate. Winder’s use of Hernandez’s credit cards led police to arrest him. Witnesses placed Winder in Hernandez’s apartment complex at or near the time of the gay man’s disappearance. Forensics found that the blood stains on Winder’s clothing and shoes were a genetic match to the victim.
So, Seth Winder, either crazy like a fox, or a neglected patient (or both), has avoided the jury again. Meanwhile, Richard Hernandez, who in death cannot answer the innuendo against his character, receives no justice. The eerie quiet throughout North Texas surrounding this latest trial development in one of the most heinous crime cases in Dallas history seems to confirm that many have an investment in hushing the whole thing up. Which would not be the first time such a thing has happened in Texas when it comes to violence against the LGBTQ community.
McInerney Pleads Guilty to 2nd-Degree Murder for Executing Larry King
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.
“A-List” Gay Celebrity Assaulted in Dallas
Dallas, Texas – Gay Republican consultant Taylor Garrett was decked with a hard blow to the left eye last week, according to various press reports. A cast member on the gay reality television show, LOGO’s “A-List Dallas,” Garrett is closely associated with high-profile human rights opponent, Ann Coulter. Returning to his car from a birthday party on the entertainment strip along Cedar Springs Road in Dallas, Garrett says he was shocked to find the words, “F-ck Coulter,” keyed into his car door. A large man appeared out of the shadows where he was squatting, and knocked Garrett to the ground, cutting his brow and bloodying him. He also fell on broken glass beside the car, scraping his body.
Garrett is convinced gay Democrats are behind the bias against him and other gay “conservative Republican Christians.” In an interview with the Daily Caller, he said, “I would’ve thought people would have been a little more tolerant considering that our community advocates for tolerance, but it has been nothing but mean spirited attacks, especially after the Ann Coulter scene,” referring to his well-publicized luncheon recently with Coulter. Using racist plantation language, Garrett said that gay Democrats want him to “stay on the plantation,” but he is having none of it. Shaken by the incident, he says another season for him on the popular LOGO series is in doubt.
An ambulance was called to the scene, but the paramedics did not elect to transport him to the hospital, since his injuries did not warrant it. Some members of the LGBTQ community and media have suggested that Garrett is using this incident and another in October when a rock was thrown through his window to gin up publicity for himself. Garrett denies the allegations. Dallas Police have not designated the assault as a hate crime at this point.
In an exclusive interview with Huffington Post, Garrett continued the theme of gay hypocrisy over politics. “This goes to show you,” he said, “that the gay community advocates for diversity and is against bullying, but in our own community we discriminate based upon if you’re a Democrat or a Republican or if you don’t necessarily fit within the mold of the political views of the gay community.”









Summer 2009 – Dr. Sprinkle responded to the Fort Worth Police Department and Texas Alcoholic Beverage Commission Raid on the Rainbow Lounge, Fort Worth’s newest gay bar, on June 28, 2009, the exact 40th Anniversary of the Stonewall Rebellion. Dr. Sprinkle was invited to speak at three protest events sponsored by Queer LiberAction of Dallas. Here, he is keynoting the Rainbow Lounge Protest at the Tarrant County Courthouse on July 12, 2009. 

