Unfinished Lives

Remembering LGBT Hate Crime Victims

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

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

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

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

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

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

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

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

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

Gay Panic Murder of Homeless Disabled Man in Connecticut

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

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

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

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

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

Skinheads Attack California Gay Men in New Year’s Hate Crime

Gay bashing in progress by Santa Barbara Skinheads on New Year's morning (video capture)

Santa Barbara, California – Three skinheads attacked a gay couple as they left a New Year’s Eve event early Sunday in Santa Barbara, according to the Santa Barbara Independent. The savage assault was captured on video, which the police are using in their hunt for the perpetrators. The Daily Sound reports that the three suspects are all in their 20s, are white males, and sport shaved heads.  As the two gay men left a party at a nightclub, headed toward their parked car, the three assailants called out derogatory anti-gay slurs, and then attacked.  One of the victims suffered a broken jaw, and needed staples to close a deep gash in his scalp. The second victim escaped with minor injuries.

Santa Barbara Police Chief Cam Sanchez pledged to find and arrest the attackers, calling the assault a “hate crime.” Chief Sanchez said, “Hate crimes like these will not be tolerated and those responsible will be held accountable.” This horrific attack is one more indicator that hate crimes against gay people do not take a holiday–ever.

January 4, 2012 Posted by | Anglo Americans, Anti-Gay Hate Groups, Anti-LGBT hate crime, Beatings and battery, California, gay bashing, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, LGBTQ, Perpetrators of Hate Crime, Slurs and epithets, Unsolved LGBT Crimes | , , , , , , , , , , , | 2 Comments

Gay Panic Excuse Used to Justify Wisconsin Queer Bashing

Queer bashing suspects Jason "Jake" Immel-Rhode (l), and Lyall B. Ziebell (r)

Oshkosh, Wisconsin – Christmas morning erupted in anti-gay violence when two Oshkosh men allegedly assaulted a gay man outside a popular tavern patronized by LGBT people, calling the victim “a stupid faggot” while kicking him in the head. According to The Northwestern.com, Lyall B. Ziebell and Jason “Jake” Immel-Rhode, both 20, were charged with battery causing great bodily harm with a hate crime enhancement which will increase the penalties against the men, if found guilty.  With the hate crime rider, the men could serve as much as  23 years, six months in prison and face $40,000 in fines for the crime.

The criminal complaint states that Ziebell and Immel-Rhode were walking past PJ’s Bar on Oregon Street at approximately 2:15 a.m. on December 25 when the victim offered to buy them a shot of liquor apiece if they would lend him a cigarette.  The three men walked into the bar where the victim made good on his offer for the cigarette.  After finishing their drinks, the three went outside the bar where the assault began almost immediately.  WTAQ reports that the victim suffered a broken jaw and a brain injury from the savage attack.  The criminal complaint also states that the attackers left the scene of the assault to head to Ziebell’s home, and on the way they robbed a Mexican market of cash and pre-paid cell phones. The victim has no doubt, however, that the violence used against him was a response to his being a gay man.

The Northwestern goes on to report that Ziebell admitted to police that he was “very homophobic,” and commenced his assault on the victim when he allegedly “began to hit on me”–clearly a reference to the notorious gay panic defense often invoked in gay bashing trials to suggest that the victim was to blame for the injury done him.  Ziebell also said to police that he heard Immel-Rhode shout that the victim was “a stupid faggot” as he kicked him repeatedly in the head.

Court officials ordered Ziebell and Immel-Rhode bound over to Winnebago County Jail, where they are being held on a minimal bail of $3,000 apiece.  They are to go to court for preliminary hearings on January 5.

December 29, 2011 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, Blame the victim, gay bashing, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, LGBTQ, Perpetrators of Hate Crime, Slurs and epithets, Stomping and Kicking Violence, Wisconsin | , , , , , , , , , , , , , | 13 Comments

Gay Couple That Changed the World: John Lawrence and Tyrone Garner Remembered

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.

December 26, 2011 Posted by | African Americans, Anglo Americans, Don't Ask Don't Tell (DADT), gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, Law and Order, Lawrence v. Texas, LGBTQ, Marriage Equality, Matthew Shepard Act, Remembrances, Repeal of DADT, Social Justice Advocacy, Texas, U.S. Supreme Court | , , , , , , , , , , , , , , , , | 2 Comments

Plea Deal for Larry King’s Murderer: The Inside Story

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.

December 19, 2011 Posted by | African Americans, Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, gay bashing, gay teens, Gender Variant Youth, GLBTQ, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Media Issues, Neo-Nazis and White Supremacy, Perpetrators of Hate Crime, School and church shootings, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , | 1 Comment

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!”

December 18, 2011 Posted by | African Americans, Anglo Americans, Dallas Police Department, GLBTQ, hate crimes prevention, Law and Order, Lesbian women, LGBTQ, Texas | , , , , , , , | Comments Off on Lesbian Police Officer Promoted in Dallas: Congratulations!

Gay Tennessee Teen Takes His Life; Bullied To Death

Jacob Rogers, another gay teen hounded to death

Ashland City, Tennessee – Jacob Rogers, a teenager who cried out to his friend that no one listened to him, and that he was being constantly attacked for being gay, took his own life on Wednesday. Rogers had dropped out of school at Thanksgiving.  He left notes and email passwords for his grandmother, who was his primary guardian, so that she and officials could understand why he took his life.

His friend, Kaelynn Mooningham, told WSMV News“He started coming home his senior year saying ‘I don’t want to go back. Everyone is so mean. They call me a f****, they call me gay, a queer.'”  Mooningham went on to say that her friend felt ignored and alone, in part because the school’s guidance counselors were unresponsive, and other school officials took no action. “Jacob told me no one was helping him,” she said. “He constantly was going to guidance.”

Other students confirmed Mooningham’s statements. They said that school officials knew some students were tormenting Jacob, but the took no steps to get it stopped.  The school, on the other hand, says that all they knew about was an incident of harassment. The principal of the school said that they had no idea it had gotten out of hand.  Friends and family find that hard to believe, however.  The fact Jacob dropped out at Thanksgiving in his senior year should have been a red flag that something was going very wrong for him

Initially, there was insufficient money to hold a funeral for Jacob.  Then a tattoo parlor started and fund, and news spread around the blogosphere about the need.  Now two other funds at local banks have been opened for the funeral and other expenses, and well-known LGBT bloggers, Dan Savage, Andy Towle, and Joe Jervis have contributed.  A candlelight vigil was held on December 8 at River Bluff Park.  Box Turtle Bulletin listed ways others could help spot and prevent more suicides of LGBT Youth from happening.  Jim Burroway says: “For more information on suicide prevention, research and help-seeking resources, see the American Foundation for Suicide Prevention (AFSP). If you or someone you know needs help, see The Trevor Project’s web site or call the Trevor Lifeline: 866-4-U-TREVOR (866-488-7386).”

December 9, 2011 Posted by | Anglo Americans, Bullycide, Bullying in schools, Dan Savage, gay teens, GLBTQ, harassment, Heterosexism and homophobia, LGBT teen suicide prevention, LGBTQ, LGBTQ suicide, Slurs and epithets, suicide, Tennessee, Trevor Project, Vigils | , , , , , , , , , , , , , | Comments Off on Gay Tennessee Teen Takes His Life; Bullied To Death

High School Students Suspended for Roles in Rodenmeyer Bully-cide

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.

December 5, 2011 Posted by | Anglo Americans, Bullycide, Bullying in schools, gay teens, GLBTQ, harassment, Hate Crimes, Heterosexism and homophobia, It Gets Better Project (IGBP), Lady Gaga, Law and Order, LGBTQ, LGBTQ suicide, New York | , , , , , , , , , , , , , | Comments Off on High School Students Suspended for Roles in Rodenmeyer Bully-cide

Alleged Butcher of Richard Hernandez Wins Mistrial for Meds Excuse

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.

November 30, 2011 Posted by | Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Decapitation and dismemberment, Evisceration, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Law and Order, LGBTQ, Media Issues, Perpetrators of Hate Crime, Texas | , , , , , , , , , , , , , , | Comments Off on Alleged Butcher of Richard Hernandez Wins Mistrial for Meds Excuse