Unfinished Lives

Remembering LGBT Hate Crime Victims

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

Teenager Goes On Trial for 1st Degree Murder of Gay Classmate–Finally

Brandon McInerney (l), Lawrence Fobes "Larry" King (r)

San Fernando Valley, California – The notorious execution-style murder of a 15-year-old, mixed race, gender variant student in his computer classroom made national headlines in February 2008–because his alleged murderer was barely 14.  There has been no doubt about the facts of the case. Brandon McInerney allegedly shot his gender non-conforming classmate, Lawrence Fobes “Larry” King in the back of the head while his teacher and dozens of his horrified classmates looked on in disbelief. McInerney had breathed threats against King to other students prior to the shooting, and showed apparent premeditation by bringing his grandfather’s .22 pistol to the E.O. Green Middle School classroom.  What has always been in dispute since the earliest reports of this heinous murder are the circumstances and state of mind that brought McInerney to the point of cold blooded murder.  Students reported that Larry King, who was living at a specialized home for abused and abandoned youth, was blatantly non-conforming in matters of gender and sexual performance.  King dressed in feminine clothing, wore high heels, and used makeup.  He answered the bullying culture of Southern California middle schools with what some have called defiance and others have named authenticity.  Larry King was “out,” and students in the Oxnard school he attended had problems with it.  None had a stronger aversion to King’s being and style than young Brandon McInerney, who displayed irritation and anger around King, and later, when King apparently developed something of a personal attraction to him, decided that extreme violence was the only answer to his rage and fear.  EDGE now reports that opening statements in the long-delayed trial of McInerney began Tuesday in a San Fernando Valley courtroom, rather than in Ventura County where the murder took place three years ago.  McInerney’s attorneys delayed and argued that their client was a juvenile, that the judge was biased, and that McInerney could not get a fair trial in Ventura County.  The defense team failed to keep their client out of court as an adult, and to force the judge to recuse himself or be removed.  But they did convince the court to move the venue of the trial, and by a battery of stalling tactics, to postpone the trial as long as possible so that memories of King’s murder would have the chance to fade.

National media debated the wisdom of trying a 14-year-old from a broken home as an adult, even though California law clearly mandated that a 14-year-old should stand trial as an adult in cases of murder.  Though the Golden State has some of the most progressive laws in the nation protecting LGBTQ residents, the atmosphere in schools throughout the state never has caught up with enlightened legal culture.  Bullying of gender variant youth in elementary, middle, and high schools in California is as rampant as anywhere in the nation, as highly publicized cases like the King-McInerney case demonstrate. King was permitted to come out and live fully as a youth in gender transition. While some gender variant students adopted a cautious demeanor in school, King used his budding femininity as a badge of honor.  Whether he had a genuine crush on McInerney during the Valentine season, or whether his actions and words were meant to make his classmate uncomfortable, we cannot really know. But the brute facts remain.  King is dead. McInerney, who life has been forever changed by this murder, is still alive.

The case will be watched closely by legal experts and LGBTQ youth advocates throughout the United States. If the prosecution succeeds in making the 1st degree murder charge stick, McInerney could serve time in prison until his fifties. If the defense succeeds in minimizing the murder of Larry King, it will be because of a likely combination of delay, genuine reluctance to convict because of the youth of the defendant, and a well-orchestrated defamation of a slain little person with a big gender variant profile, as the Los Angeles Times is already reporting from attorney arguments on the first day of this landmark trial. Unfinished Lives Blog will follow the events of this courtroom drama closely.

July 6, 2011 Posted by | African Americans, Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, Character assassination, death threats, 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, LGBTQ, Media Issues, Perpetrators of Hate Crime, School and church shootings, Social Justice Advocacy, trans-panic defense, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Hope for 2010: A New Year’s Special Comment

As the old year passes, and with it the old decade, those of us who believe in Justice for LGBTQ people have memories to preserve, work to do, thanks to express, and hope to rekindle.  The Unfinished Lives Project was conceived as a visual and verbal resource for the public to use in the on-going struggle for freedom from violence and fear that Lesbian, Gay, Bisexual, Transgender, and Queer folk face every day in the United States.  Wordpress tallies show that as of this writing nearly 44,000 have visited this site since its first posting in June 2008: to educate themselves about the slow-rolling holocaust facing members of the sexual minority, to bring the stories of so many casualties of homophobia and heterosexism to light who would otherwise be forgotten, and to steel themselves for the long, difficult, painful work of changing the culture of violence against the different in which we must live.  While countless hours of writing and research have gone into creating and maintaining this web site, that is nothing compared to the stress and loss faced by so many families and loved ones who have experienced the horrors of hate crime murder during these years.  The backstory of this blog has been and continues to be the awe-inspiring courage of the bereaved mothers, fathers, lovers and friends who have been thrust into the harsh glare of activism on behalf of the LGBTQ community because they refuse to allow their loved ones to have died in vain.  We owe them, and you, Dear Reader, our thanks and our continuing labor until Justice comes.  It is to that end we at the Unfinished Lives Project keep telling these grim stories of real people who suffer in America for no other “crime” than being who they are.  The past decade, especially the past year, has seen substantive change–not enough, nor comprehensive enough, to be sure–but real change nonetheless.  Cultural, political, and religious attitudes toward LGBTQ people are changing in this country.  The passage of the James Byrd, Jr. and Matthew Shepard Hate Crimes Prevention Act, the first comprehensive hate crimes law in federal history, is now law.  Convictions under state and federal hate crimes statutes, something conservative law makers and law enforcement officers said would never happen, are occurring already in bellweather states like Colorado and New York.   This trend will no doubt continue as the New Year dawns.  The infamous “gay panic” defense, and its evil twin, the “trans panic” defense are increasingly discredited and ineffective in American courts of law. Religious attitudes have thawed slightly, but the progress is real, if spotty.  Religion and Faith offices and activism, once thought to be the “third rail” of human rights politics, have been established in all the major advocacy organizations that lobby for change.  LGBTQ lives and practices are no longer viewed as criminal by the religious leaders of conscience in the United States, and tolerance toward queer folk in congregational life and leadership is on the rise: the Episcopal Church, the Alliance of Baptists, the United Church of Christ, and the Evangelical Lutheran Church of America are cases in point.  Homophobia in churches, synagogues, mosques and schools is not going unchallenged in American daily life, and that is encouraging.  ENDA, DADT, and many other legislative initiatives are on the horizon for the new decade.  Marriage Equality, which heretofore has been fought for state-by-state (often attended by an alarming hike in anti-LGBT hate crime violence where the issue is most hotly contested), and now advocates are re-evaluating the tactics and strategies of equality.  There is nothing magic about the passage of the Shepard Act.  Every day, in every region of the nation, LGBTQ people and those mistakenly assumed to be like us, are suffering violence and death, and from our researches at the Unfinished Lives Project, these statistics are increasing alarmingly.  One more life lost is one too many.  Fear is no way to live in the Land of the Free.  So, we who believe in Justice will greet the New Year with resolve.  An African American spiritual lyric testifies, “We Ain’t in No Wise Tired,” and that is providential.  We cannot rest until Justice comes.  And, we are glad to be in the fight for true “peace on earth, goodwill to all,” with you.

December 24, 2009 Posted by | Anti-LGBT hate crime, anti-LGBT hate crime murder, Bisexual persons, Colorado, DADT, ENDA, gay men, gay panic defense, Hate Crime Statistics, Hate Crimes, Heterosexism and homophobia, Law and Order, Legislation, Lesbian women, Marriage Equality, Matthew Shepard Act, Media Issues, military, Mistaken as LGBT, New York, Perpetrators of Hate Crime, Politics, Popular Culture, religious intolerance, Remembrances, Social Justice Advocacy, Special Comments, trans-panic defense, transgender persons | , , , , , , , , , , , , , , , , , | 3 Comments

   

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