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.

Tyrone Garner (l) and John Lawrence celebrate Lawrence v. Texas.

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.

Brandon McInerney pled guilty to the execution-style murder of his gay teen classmate, Larry Fobes King.

Ventura County, California – Prosecutors in the Brandon McInerney murder trail agreed to a plea deal rather than take young gay Larry King’s confessed killer into court a second time, according to EDGE Boston.  McInerney, 14 at the time he shot his 15-year-old gay classmate in the back of the skull in his middle school computer class in 2008, will be sentenced today.

The Ventura County District Attorney’s Office agreed to a deal because they couldn’t be sure what would happen if they put McInerney back on trial again.

McInerney’s defense team succeeded in putting King on trial for his own murder, at least enough so that the jury in the first trial could not agree on a verdict, and a mistrial was declared.  While legal experts saw the case as a clear-cut instance of pre-meditated murder, the prosecutors for Ventura County could not surmount the sympathy factor for the 14-year-old, and the discomfort factor in the way the press and the defense portrayed King.  Instead of the forthright homophobic murder the prosecution sought, a combination of child-nostalgia and anti-transgender and anti-gay bias turned King into a “Franken-Larry,” a devious, dangerous homosexual predator–a portrayal that could not have been further from the truth about the real boy who was in transition from a scared, bullied gay school kid to a youth who could affirm and live out his gender variance.

Media distortion in the King case started as early as the first reports about the murder, with sensational accounts of what young King wore to school, and his responses to McInerney’s bullying.  Ramin Satoodeh, reporter for Newsweek, wrote a cover story on King that was devastating–likening the boy to a monstrous little predator, tottering after his love interests in platform heels.  McInerney’s defense lawyers countered prosecution evidence of his Neo-Nazi and white supremacist motives by casting King, who was smaller and weaker than McInerney, as the aggressor, and skillfully used the press to drive this point home.  The California law making a 14-year-old prosecutable as an adult in heinous cases using firearms (which this case was in both particulars) was also put on trial in the media.

In the end, justice for Larry King was not the goal of a chastised district attorney’s office.  Assistant DA Mike Frawley said that they “took into consideration the time [McInerney would have to spend] in jail to protect the community.”  McInerney’s murder conviction has been stayed, and he will be sentenced to 11 years for voluntary manslaugher, and 10 years for the use of a firearm. With the four years he has already served in jail, McInerney will serve 25 years total.  Had the first-degree murder conviction been impose, he would have served 51 years.  Now, the confessed murderer of a young gay boy will be out on the street by his 39th birthday, and the dubious “gay panic defense” receives new life in the American legal system.

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 speaks out against change in Puerto Rican penal code (AP photo).

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.

Jamey Rodenmeyer,14, bullied by high school classmates

Williamsburg School District, New York – An unspecified number of North High School students have been suspended for bullying Jamey Rodenmeyer, who killed himself in September following unrelenting anti-gay harassment.  The Advocate reports that the suspensions resulted from information shared by police after the Rodenmeyer case was closed.  Though Amherst law enforcement authorities declined to bring charges against students in the case, they identified at least five incidents of anti-gay bullying aimed at Rodenmeyer, a 14-year-old freshman. The boy’s parents and school officers were not informed of the bullying incidents in question until it was too late.

School officials would not say the number of students suspended, but indicated that each of them faced a “minimum suspension” of at least five days.  Longer term suspensions may have been invoked, as well, though expulsion from school is not permitted for youths of this age.  These suspensions mark the second round of actions taken by the school system since Rodenmeyer’s death.  A female student who said she was “glad he was dead” was suspended soon after the suicide. Rodenmeyer, whose “It Gets Better” YouTube video gained wide circulation and the attention of Lady Gaga, took his life by hanging on September 18.

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.”

Seth Winder

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.

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.

A-List Dallas View; Taylor Garrett on far left (!)

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.”

Behind the statistics are the stories of flesh-and-blood victims and their families, and the news here is disturbing. 1,528 victims were targeted because of animus against sexual orientation.  Of these, 57.3 percent of victims were gay males, and 11.9 percent were lesbians. The numbers of violent attacks against transgender people are fragmentary at this point, since statistics of this particularly vulnerable group have only been recorded by the FBI since the Matthew Shepard-James Byrd Jr. Hate Crimes Prevention Act was signed into law by President Obama in October 2009.  But the news of brutalities against transgender people, especially transgender women of color, is alarming.  GLAAD reports that, of the people murdered for sexual orientation and gender identity and expression bias, 70 percent were persons of color, and 44 percent were transgender women [NCAVP figures]. Though suicides of LGBTQ teens due to homophobic and transphobic bullying in schools have captured the headlines repeatedly since 2010 began, no separate FBI statistical category yet exists for the collection of these data.

In the recent Civil Rights Conference on Hate Crimes at the University of Texas at Arlington, Assistant Attorney General Thomas Perez declared in his keynote address, “We are experiencing a headwind of hatred and intolerance in the United States.” FBI Special Agents appealed to local law enforcement, U.S. Attorney officials, and leaders from the North Texas LGBTQ community to co-operate in the reporting of hate crimes, underlining the difficulty feds are experiencing amassing accurate data.   In its 2010 report, the National Coalition of Anti-Violence Programs (NCAVP), widely held to offer more accurate statistics on anti-LGBT hate crimes than the FBI, noted a 13 percent rise in homophobic and transphobic violence from 2009 to 2010, and a 23 percent rise in the murders of LGBTQ people.

Richard Hernandez, victim, and Seth Winder, the accused (l to r; Dallas Voice image)

Dallas, Texas – After three years of delays and postponements, the trial of the accused murderer of openly gay Richard Hernandez begins today.  The Dallas Voice, doing great journalistic work on this difficult case, announced the story on November 10, quoting first assistant Denton County district attorney Jamie Beck on the trial delays, “Everybody wants a swifter and quicker justice, but you’ve got to do it right. Bottom line, we want justice, so if that means it takes a while, then so be it.”

The “Silence of the Lambs” style murder of 38-year-old Hernandez, an employee of Walmart, drew national press attention in September 2008 when the victim’s viscera but no body was discovered in an apartment in far North Dallas.  When Hernandez, a conscientious employee, did not report for work, his friends prevailed on the apartment superintendent to open his residence, and what they found resembled a slaughterhouse.  Copious amounts of blood spattered the walls.  Hernandez’s body was never found, but tissue from it was left, dumped in the bathtub.  Dallas Police acted quickly to track down the killer. True Crime reported that the DPD filed capital murder charges against Seth Winder, 29, a homeless man with a history of erratic behavior and mental illness, even though they did not have possession of a body in the case–only the third time in thirty years of police department history.

Winder was located because of credit card charges he made to Hernandez’s stolen cards after the murder date.  Police apprehended Winder in a tent inThe Colony, where he was in possession of personal items of the victim and a bloody sword that may have been used in the dismemberment.  The Dallas Voice reports the police conclusion that the killer disposed of the body in a trash dumpster which was emptied in a landfill, making Hernandez’s remains unrecoverable.

Winder’s competence to stand trial was hotly contested in the earlier days of the case.  His father and stepmother told the press that their son was a schizophrenic who had once tried to strangle his own mother.  Friends of Hernandez contended that Winder was just clever enough to play ill in order to avoid responsibility for the grisly murder.  The whole stew was made nastier by the report of police investigators that they discovered a digital camera belonging to Hernandez with “pornographic images” of Winder. The victim’s friends and family vigorously denied the implication that Hernandez and Winder were in a sexual relationship. In the end, Winder was ruled incompetent to stand trial.

Hernandez’s mother will not be there today to see if justice will be done for her son.  She died with the story unresolved, thanks in part to a strategy of delays put in place by Winder’s legal defense team, and to the untimely publication of a book on the murder authored by Winder’s own stepmother.

Now, after years of treatment, authorities say Seth Winder is able to face his day in court.  Jury selection has begun, and barring other delays, three years of agonized waiting are about to conclude for Richard Hernandez’s friends and remaining family.

Kristen Cooper, Bashed for Being Lesbian (KENS 5 photo)

San Antonio, Texas – An out lesbian student from the University of Texas at San Antonio says that she was assaulted by two men calling her obscene, anti-LGBTQ epithets over Halloween weekend. Kristen Cooper told KENS 5 that the only thing the two men who attacked her knew about her prior to the assault was that she was a lesbian. “I just think it was a hate crime against me,” she sad, still shaken by the incident.

Cooper says she was waiting for a ride from a local Halloween Party when two men stopped their van, grabbed her, beat her while yelling slurs about her sexual orientation, and drove her some distance before they pushed her out and drove away.  Cooper fought back against them, “full-fist,” probably putting up such resistance that her assailants decided it wasn’t worth the effort. She had no cell phone, so she walked a long distance before someone noticed her, stopped, and then called the police.

Cooper’s injuries were extensive: cuts, bruises, a contusion, a concussion, and whiplash. When asked how she was coping with the attack, Cooper said to KENS 5, “Just still in shock and I’m trying really hard not to cry, but nothing like this should happen to anybody.” The San Antonio Police are currently investigating the crime as an assault, with no word about whether they intend to classify the brutal beating as an anti-LGBTQ hate crime.

Michele "Shelley" Hilliard, 19, had to be ID'ed by a tattoo on her upper arm.

Detroit, Michigan – The charred torso of a missing teen transwoman of color was identified this week in the Wayne County morgue where it had been stored for weeks, and left unidentified.  The remains were collected near Interstate 94 on Detroit’s east side.  Michele “Shelley” Hilliard, 19, was last seen on October 23 at 1:20 a.m., and was reported missing, according to the Detroit Free Press.  Though her facial features and fingerprints were destroyed by fire, investigators were able to make a positive identification because of a distinctive tattoo depicting cherries inked into her upper right arm.  Her mother, summoned by the Wayne County Examiners Office, also confirmed the identity of her child from the tattoo on the burnt remains. Police are now investigating Ms. Hilliard’s death as a homicide.  There is no word about whether a transphobic hate crime is suspected by the authorities, but the disappearance coupled with the attempted immolation of the remains is a familiar signature of anti-trans hate crimes.  Equality Michigan is aiding the Detroit Police Department in their investigation, according to CBS Detroit.  Michigan’s hate crimes law does not include LGBTQ persons as protected classes, making it harder to compel law enforcement to regard violence against the queer community as hate crimes.

In little more than two weeks, three gay men, Steven Iorio from Pennsylvania, Burke Burnett of Texas, and Stuart Walker from Scotland were either attacked by homophobes wielding fire as a weapon, or had their remains immolated after death. Now the immolated remains of transgender Shelley Hilliard are discovered on a Detroit Interstate service road, raising the question of how often fire is employed as a weapon of transphobic/homophobic terror.  As Philip M. Miner of the Center for Homicide Research points out for the Huffington Post, while between 600 and 700 people are killed by arson every year in the United States, fully 26 per cent of this total is from the gay and transgender community.  Miner observes that the use of fire and arson as hate crimes weapons against the LGBTQ community is normally thoroughly planned out ahead of time. He writes: “Attacks involving arson are especially brutal. Meticulous care is taken in carrying them out. The violence is heaped on . . . [Anti-LGBTQ arson attacks] are wrought with meaning,” Miner continues. “The offender wants there to be no doubt that this violence was intentional. In the case of hate crimes, it’s a warning. This is what happens when you are gay. This is what these people get — what they deserve.” 

Equality Michigan points out in its report on transgender hate violence, “During the first half of 2011, Equality Michigan received reports of 83 incidents of violence or intimidation targeting gay and transgender residents that are considered hate crimes under the [federal] Shepard-Byrd Act. However, because the statewide hate crime law is not comprehensive, incidents against gay and transgender Michiganders that are clearly motivated by anti-gay or anti-transgender bias are ignored as hate crimes.”  As a case in point, advocates are watching the Hilliard case especially closely.

Michele “Shelley” Hilliard was nicknamed “Treasure.” The irony of her murder, a young transwoman who had courage enough to transition into the authentic person she truly was, is that only now do we begin to understand the treasure we have lost in her passing.

Burke Burnett, gay bashing victim, shows bandaged burns and cuts (Advocate photo)

Paris, Texas – Three alleged gay bashers in the horrific Reno gay bashing case will face hate crimes enhancement charges, as reported by the Paris Times and the Dallas Voice. A Lamar County Grand Jury on Thursday indicted James Mitchell Lasater III, 31, of Paris, Micky Joe Smith, 25, of Brookston,and Daniel Shawn Martin, 33, of Paris with one count each of aggravated assault with a deadly weapon, and two counts each of aggravated assault causing serious bodily injury. Additionally, Lasater and Smith were charged as repeat offenders. Because aggravated assault is classified as a second-degree felony offense, the alleged offenders were eligible under the Texas Hate Crimes statute for hate crimes enhancements, and that is exactly what the grand jury elected to do.  On October 30 in the early morning, 26-year-old Burke Burnett was savagely attacked by three suspects whom witnesses say were yelling anti-gay slurs as they beat Burnett senseless, stabbed and slashed his body with a broken beer bottle, and then heaved him bodily into a burning trash barrel. Burnett suffered stab wounds resulting in over 30 stitches, deep bruises and contusions, and second-degree burns over a good portion of his torso, legs, and arms.

The Dallas Voice broke the story with graphic photos of Burnett’s injuries embedded in the article, and the story took hold in national mainstream media.  Burnett has been interview around the nation, as horror and interest increased in the story. Burnett told the Dallas Voice he is pleased with the course of the investigation, the arrests, and now with the efforts of the Lamar County District Attorney.  WFAA Television reported Burnett came out when he was 15, and learned of the hate crime murder of Matthew Shepard, the University of Wyoming student slain in Laramie in 1998.  ”Matthew Shepard is one of the reasons I came out of the closet,” Burnett told WFAA. “I’m so glad my fate did not end up like his.” He has no doubt about why he was targeted for violence, since the trio knew his was gay.  As he sat in a chair at a private Halloween party in Reno, a small town near Paris, Texas, the men attacked him from behind. Burnett said, “I ended up getting stabbed, burned and beaten pretty badly and I’m convinced they were trying to kill me.”

Since few hate crime attacks against Texans are actually charged under the state hate crimes law, the decision of law enforcement and the grand jury to go forward with hate crimes charges against Burnett’s alleged bashers is significant.  Since “sexual preference” was included as a protected category in the state statute in 2001, better than 2500 hate crimes have been committed, by fewer than twelve have actually been charged as such. Now that the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act became federal law in 2009, allowing the Department of Justice and the FBI to involve themselves in investigating and prosecuting anti-LGBT hate crimes around the nation, Texas officials seem to have felt pressure to act more transparently and boldly on hate crimes cases in the Lone Star State.

James "Tray" Lasater III, and Daniel Martin (l to r; Lamar County Sheriff's Department photo)

Reno, Texas – Two local men were arrested this morning for the barbaric beating and burning of a gay man at a party in Reno, Texas this past Sunday.  Dallas Voice broke the story this morning, reporting that Reno Police Chief Jeff W. Sugg announced the arrests of James “Tray” Laster III, 31, and Daniel Martin, 33, for their role in one of the most savage anti-gay attacks in recent East Texas history.  26 year old Burke Burnett was slashed on his forearm and his back with a broken beer bottle, he was punched and beaten, and then heaved into a burning metal barrel in the early morning hours of  October 30. Narrowly escaping with his life, thanks to the action of girlfriends on the scene, Burnett was given over 30 stitches to close the wounds, and his second-degree burns were treated.  But the psychological trauma of the attack will take much longer to heal.

Burnett and his friends say they have no doubt that homophobia fueled the assault.  The assailants shouted gross obscenities and anti-gay epithets as they pressed their attack against Burnett.  But whether the men will be prosecuted under the state’s hate crime statute is in doubt.  The main charges lodged against the suspects, aggravated assault with a deadly weapon, and aggravated assault inflicting serious bodily injury, area first degree felonies that could carry a sentence of five to 99 years, if the men are convicted.  But the Texas hate crime law, though it does include “sexual preference” as a category, will not offer a sentence enhancement if the crime is determined to be a first degree felony.  The Dallas Voice opined yesterday that it was unlikely that the hate crime charge would be pressed in this case, though that call remains with the Lamar County District Attorney Gary Young. LGBT activists and allies across the state have been critical of how rarely the Texas hate crime statute is invoked in cases of anti-LGBTQ violence as seemingly clear as this one.  As of the 2010 Texas Department of Public Safety statistical report on hate crimes in the Lone Star State, over 2500 bias crimes have been reported since the law was enacted in 2001, while only 11 had been prosecuted, as reported by KXAN.

Burke Burnett, hate crime victim (Dallas Voice image)

Reno, Texas – A gay man attending a private party in Reno, a town near Paris, Texas, was brutally attacked with a broken bottle and then thrown bodily into a flaming fire barrel on Sunday because he was gay.  The Dallas Voice broke the story, quoting 26-year-old victim Burke Burnett as saying on Monday, “They knew I was gay. I’m convinced they were trying to kill me.”  Burnett told John Wright of the Voice. Four men shouting epithets like “gay bitch,” “cock-sucking punk,” and “pussy-ass faggot,” lunged at Burnett, stabbing him with a broken beer bottle, beating him, and then heaving him into the fire.  Burnett was rushed by girlfriends to a hospital in Sulphur Springs, about 30 miles away.  He suffered contusions, bruises, and second degree burns.  The slashes with the broken bottle required over 30 stitches.

The Reno Police Department played down the attack to the press, saying little more than that the case was still under investigation.  Burnett told the Voice that officers on the scene told him that the crime was going to be classified as bias-driven, but that the assailants, whose identities are known, could take more than two weeks before their arrests.  Another local source said that Reno police were considering lowering the degree of the offenses to misdemeanors since they took place during a party. Meanwhile, Burnett is hoping that his injuries do not disable him or prove to be permanent.

Burnett credits his girlfriends with preventing his injuries from being much worse,  They slowed down his attackers long enough for him to escape to a parked vehicle.  Then, they took him to the hospital for treatment.  The New Civil Rights Movement echoes the Dallas Voice, reporting that none of the other 20 party-goers attempted to stop the attack.

Lesbian couple threatened with death

Parker, Colorado – A lesbian couple were tagged by a death threat on two consecutive days last week in Parker, a town southeast of Denver.  On Friday, Aimee Whitchurch and Christel Conklin found a target symbol spray painted on their condo door and the phrase, “KILL THE GAYS,” tagged on their garage door in bright red paint for all the neighbors to see. The next morning, they opened their front door to find a noose laid on their door mat.  Whitchurch said that when they discovered the noose, they knew their lives really were at risk.

Not the types to let such serious matters go, the couple responded by complaining to the Home Owners Association of their condo complex, whose president haphazardly splashed white paint over the red spray paint Saturday.  His less-than-professional job barely covered the graffiti, and exacerbated the problem.  Whitchurch and Conklin responded by taping a sign to the garage door that read, “Solve the problem; don’t paint over it.”  The couple told Channel 9 News that they were sure their sexual orientation was the reason for the hateful graffiti attack and the noose. Whitchurch said the neighbors figured out they were not “roommates,” and took homophobic action against them.  As Conklin said in the same interview, “Being lesbians is okay, until you start living together,” in Douglas County. “This is where we live. We should feel safe. I am afraid to walk outside my place now,” Whitchurch said.  The couple have lived in the condo for nearly six months.

A feud had been brewing between the neighbors and the lesbian couple, according to the women.  The Advocate reported that the HOA had complained that they were not picking up the feces after walking their dogs. Conklin answered the charges in detail to Channel 9: “It ridiculous. We have a Mastiff and a Great-Dane, two of the largest breed dogs, if we didn’t pick up after them this entire place would be covered. It’s completely invalid. That’s just common sense,” she said. The couple also own an English Bulldog puppy.  Since the initial attack, the lesbians’ car has been keyed, and dog feces has been scattered on their property.  Channel 9 reporters have repeatedly tried to contact the HOA officers for a statement, but no one has returned the calls.

Douglas County Sheriff’s Office investigators have been on the case, but have surfaced no persons of interest.  Detective Ron Hanovan said to Channel 9: “Right now, we don’t have any leads and no one is in custody.” Two offenses are involved in this attack, Hanovan went on to say, criminal mischief over $1,000, and anti-LGBT crime.  Conklin and Whitchurch say they are taking this case to the FBI.

The HOA finally sent a reputable painter to cover the slipshod work the HOA president did on the couple’s garage door.  In the meanwhile, Whitchurch and Conklin are not going anywhere.  They still walk their adult dogs, and their little bulldog, Ellie May.  On electric green and pink poster board, they have put up new signs the neighbors cannot miss.  One of them declares, “We are not the gay couple!  We are Aimee and Christal!”

Steven Iorio, 37, victim of deadly attack with fire (WXPI photo).

Heidelberg, Pennsylvania – A gay man in a southwest suburb of Pittsburgh woke up screaming with his leg set afire by a couple of one-time “friends.”  Steven Iorio, 37, of Heidelberg, fell into a deep sleep in the early hours of  September 22 after a night of drinking, only to feel his left leg burning after two local men set it ablaze with a bottle of Bacardi 151 Rum, according to WXPI Channel 11 News. Iorio came back to an apartment complex on West Railroad Street and passed out on a couch to sleep off the effects of too much to drink at the Heidelway Bar and Restaurant. An eyewitness identified  Brandon Washington, 25, and David A. Blair Jr., 31, of writing anti-gay epithets on Iorio’s jeans, and drawing on his face while he was sleeping.  Then the pair soaked Iorio’s leg with the highly flammable rum, before Blair allegedly set the liquor on fire. Two other people from the apartments ran to see the source of the commotion after being roused by Iorio’s yells of pain.

Iorio’s friend, Tina Cook, told WXPI that she received a frantic early morning call, summoning her to the scene. After a look at the severity of the second and third degree burns on the back of Iorio’s leg, Cook insisted that he go to the hospital for treatment.  She is clear on the anti-gay motivation for the immolation. “They wrote disturbing [anti-gay] things on his pants and drew on his face,” Cook said. Heidelberg Police Chief Vernon Barkeley told Chartiers Valley Patch blog that his department has been investigating the attack for the better part of a month to determine the identity of all the people inside the apartment living room when Iorio’s leg was set alight. Chief Vernon said that the attack could have endangered everyone present in the 13-unit apartment complex that night, had the blaze spread to draperies and the building. He described the continuing suffering the victim faces since the potentially fatal crime: “[Iorio] is still seeing doctors for these injuries while racking up numerous medical bills,” Barkley said. “He will have permanent scarring and is in pain daily.”  Iorio will probably carry scars for the rest of his life as a reminder of the way his Allegheny County drinking buddies treat gays. As of this writing, he wounds have still not healed.

No news source to date says that the two alleged perpetrators of this deadly prank have been arrested for the crime.  Instead, the pair was charged with aggravated assault, reckless endangerment, conspiracy,  ethnic intimidation, and risking a catastrophe, and allowed to go home.  Nor has there been any comment about what the eyewitness was doing when the two men who proved to be anything but friends, were setting Iorio afire.

When Steven Iorio was asked by a WXPI reporter if he considered Blair and Washington “friends,” he answered with a resounding “No!”

Technician photo of hate attack on NC State LGBT Center

Raleigh, North Carolina –  A perp with an anti-gay agenda vandalized the North Carolina State University GLBT Center on Monday.  Though the university was quick to obscure the slurs spray painted on the outer door and display case of the center, the campus newspaper, The Technician, got a good photograph of the message the hate tagger sent to LGBTQ staff and students at State.  The words “Fags Burn” and “Die,” along with a broad slash across a wall display were sprayed in purple paint across the whole front of the center, which is in Harrelson Hall on the main campus.  Campus Police Sergeant Jeff Sutton told The Technician that the hate act took place between 8:30 pm and 9:30 pm, when the vandalism was discovered. Adam Ward, a graduate advisor for the GLBT Center, and a graduate student at State in comparative biomedical science, wrote on a Facebook post, ”No one was able to see who sprayed-painted this, but believe me, there will be a University response. We will continue working with University Police, and I thank all of our community members and allies for standing up for equality and what’s right.”  On her Facebook page, Center Director Justine Hollingshead posted this assurance to the LGBTQ community on the State campus: “We are working on some positive follow up and of course education. Just wanted to keep folks in the loop. Thanks for all of the messages of support.”  Hollingshead was employed to lead the GLBT Center in 2008, and has built it into a vital player in forming campus opinion about diversity and inclusiveness issues.

Sergeant Sutton said that since this was an act of vandalism against property, it would be considered a hate incident, rather than a hate crime against an individual.  Campus police are reviewing video surveillance tapes for the identity of the perpetrator.

On Tuesday evening, a public meeting was called by the GLBT Center leadership to generate ideas about a proper response to this act of hatred.

Dr. Stephen Sprinkle, Director of the Unfinished Lives Project, has been the guest of the NC State GLBT Center on two occasions, most recently in April of this year.  Dr. Sprinkle said, “This act of hate is not an isolated incident, in my opinion. North Carolina faces a divisive anti-same sex marriage ballot measure due to the work of extremist elements who took over the State Legislature in Raleigh for the first time since Reconstruction.” He continued,  ”Radical, right wing homophobia is more likely to be unleashed against the LGBTQ community during times of high publicity on sexual orientation and gender expression issues.  Vigilance and swift action to identify and prosecute the vandal or vandals is necessary to send the counter message that gays and lesbians will are no longer viable targets for violence in the South.  The leadership of the NC GLBT Center should be commended for working so quickly to involve the campus community in education for justice and moderation in the wake of this disturbing incident.  Hate speech links up to hate violence, and words like “Fags Burn” carry the situation to a whole new level in Raleigh.”

The anti-LGBTQ vandalism occurred a month after the North Carolina General Assembly moved its same-sex marriage ban for state-wide vote to the May 2012 primary ballot.  If passed, the provision pushed by the Republican majority in the Legislature not only would ban same-gender marriage, but would also strip domestic partner benefits from North Carolinians. Adam Miller, interim director of Equality North Carolina, issued this statement in response to the NC State vandal attack: “The passage of this amendment clearly sanctions other discriminatory acts against LGBT people and, in the process, creates a climate of fear for LGBT people, their families, their children, and all who love them,” Miller said. “This hateful act will only serve to draw attention to our efforts and push us to work even harder to inform the public about the dangers of anti-LGBT legislation to our state, our communities, and our young people.”