How Laramie’s LGBT Decision Awakens Us
Matthew Wayne Shepard, artwork copyright by Peeler/Rose Designs.
After 17 years of dogmatic slumber and denial over the grisly murder of University of Wyoming student Matthew Shepard, Laramie’s City Council passed the state’s first broad LGBT protection ordinance. Council members voted 7–2 to prohibit discrimination in the city limits against persons based on sexual orientation and gender identity in matters of housing, employment, and access to public facilities such as cafés. Like Rip Van Winkle rousing from a long sleep, the city that still only memorializes Matt with a plaque on a park bench awakened and finally addressed its phobias head-on. What took place in Laramie on May 12 was not just a one-off decision. It has implications for the rest of the nation, too.
Like Laramie, no town wants to admit that a bias-driven hate crime took place there. Locales loathe bad publicity. They fear being labeled. So, they deny the problem in a variety of ways. They indulge in blaming the victim. Or sweep the killing under the rug. Or blame “outside agitators” and “other mitigating factors.” The common refrain is “Things like that just don’t happen here.”
But they do happen in American hometowns everywhere, all the time. The only healthy, sane thing for a city or town to do when a murder marks a place forever is to own up to it squarely, and do something to address the root causes that allowed prejudice to take root in the first place. Ask Dallas. Or Memphis. Or Birmingham. You surely can’t make the facts go away. You can and you must rebuild your civic reputation by ensuring that justice and equality for all your citizens take the place of dehumanization and denial. Laramie started that painful process by doing the right thing last Wednesday night.
For seventeen long years, local townsfolk and university students of conscience lobbied Laramie’s elected officials, tried to reason with them, and stood up to their xenophobic neighbors. They opposed the powerful anti-human rights forces that were invested in re-writing the story of the nighttime abduction and brutal beating of slim, slight Matt Shepard by two local men gone bad that unfolded before the world in the Albany County Courthouse. Too many gay people saw no evidence that anything would ever change in Laramie, so they packed up their talent and their verve for living, and left town one or two at a time. Though LGBT people and their allies lost the argument year after year, those who remained persisted in pointing out that the perpetrators, Henderson and McKinney, weren’t “outsiders.” They were homegrown products of Laramie public schools, men who grew up in the same city as Pioneer Days and UW Cowboy Pride. Matt Shepard was not to blame for his own death, no matter what deniers contended, they argued. After losing a close vote to enact a similar statewide discrimination law in February, Wyoming Equality and local advocates mounted the effort that finally passed the first broadly inclusive anti-discrimination ordinance in the “Equality State.” Its provisions will go into effect before the end of the month.
This plaque on a UW park bench is the sole memorial to Matthew Shepard currently in Laramie, Wyoming.
No victim of hate crime ever “had it coming.” No family ever deserves the horror and grief Judy, Dennis, and Logan Shepard have suffered. The public outcry raised by Matt’s death roused other states and municipalities long before Laramie woke up to what happened at the Fireside Lounge and on that cold, high ridge with the buck fence above town. In October 2009, President Obama signed The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act into law, saying, “We must stand against crimes that are meant not only to break bones, but to break spirits – not only to inflict harm, but to instill fear.” Now, Laramie transgender high school student Rihanna Kelver can more confidently go about her life, relieved that she will not lose her job because of how she identifies, one of the first practical results of this ordinance.
Throughout the rest of the country, however, hate crime violence against LGBT Americans is hitting historic highs. With widespread publicity concerning the cause célèbre of the day, Marriage Equality, attacks on vulnerable persons, especially gay men and transgender people of color, are alarmingly on the rise. Thinly veiled efforts to turn back the clock on equality cloaked in the garb of “religious freedom,” the RFRAs, are proliferating around the nation. Seeking to stall justice, retrogrades like Texas are trying to enact pre-emptive laws inoculating the states against a possible Supreme Court decision striking down the bans against same-sex marriage.
Meanwhile, like Laramie prior to Wednesday night’s anti-discrimination victory, the rest of the nation seems to have drifted back into a Rip Van Winkle coma while innocent LGBT people by their thousands face brutalization and harm in towns and cities every succeeding year. Laramie, the longtime hold out for LGBT protections, has awakened to its responsibility for its most vulnerable residents. If Laramie can do it, after so many years of misdirection, denial, and historical revisionism, surely the rest of us must wake up to our responsibilities, as well.
Justice must bloom in the thousands of urban and rural settings where everyday Americans live and work. It is high time for all forms of heterosexism and homophobia to be put on notice that hate is not an American value. Local advocates must press their elected officials to pass anti-discrimination laws and make them stick. One of the most encouraging signs of this awakened determination to do right by everybody is the Golden Rule attitude of Laramie resident Mike Sumner who said during public speak out time before the City Council vote, “As a Christian I do sin when I fail to follow the loving and compassionate example of Jesus Christ,” he said. “And I believe that a vote against this ordinance is the same as throwing the first stone.”
Drop the stones in your hand, America. Laramie has shown us how to do it.
“Worst Mother in the World” and Boyfriend Take Plea Deal For Torture Murder of 8 Year Old Son They Feared was “Gay”
Pearl Fernandez and Isauro Aguirre entered guilty plea to avoid death penalty.
Palmdale, California – The mother of an eight-year-old son she despised for being “gay,” and her live-in boyfriend have pled guilty to first degree murder and torture under special circumstances in exchange for avoiding the death penalty. Pearl Fernandez and her sometime lover, Isauro Aguirre, took life in prison without hope of parole, and agreed to waive any appeal to their sentence in the horrific case of young Gabriel Fernandez. Paramedics were called to the couple’s apartment on May 22, 2013 because Gabriel had stopped breathing. He died two days later. According to court testimony by Gabriel’s older sibling Ezequiel, an eye witness to the repeated beatings and torture inflicted on his younger brother, Pearl Fernandez had beaten her child into unconsciousness, and then fearful of discovery, ordered her older child to fabricate a story about an accident in the Palmdale apartment so the adults could escape prosecution for his murder. The paramedics found Gabriel naked, with cracked ribs, burns, and BB shot in his lung and in his groin area. As quoted in the Antelope Valley Press, Paramedic James Cermak said, “It was like sensory overload. There was burn marks, there was BB holes, bruises in various stages of healing, [it] looked like his ankles were broken. It was like every inch of this boy had been abused.” Cermak added, “We noticed that he had bruising all over his body, he had strangulation marks around his neck, and looked like his teeth had been knocked out.” When Cermak asked Pearl Fernandez about the situation “she became very defensive,” he said, and blamed the unconscious boy for fighting with his brother and being “a dirty boy.” According to NBC Los Angeles, the couple were arrested the day following Gabriel’s discovery for capital murder and torture. Though they both entered a plea of not guilty, a Grand Jury indicted them both in August for one of the most horrendous cases of child abuse and homophobia in Southern California history.
Testimony earlier this year established that Pearl Fernandez and her then-boyfriend Isauro Aguirre locked the boy in a dark closet for hours at a time, stuffed socks in his mouth to prevent him from crying out, repeatedly beat him, psychologically harmed him, and on at least one occasion forced him to eat cat feces and his own vomit as punishment for playing with dolls and acting “gay.” They whipped Gabriel with the metal end of a leather belt for a period of at least eight months, hit him with a bat, knocked his teeth out with a club, and tortured the boy with pepper spray. Though Gabriel was being overseen by the Department of Children and Family Services, at least four social workers who missed or ignored the signs of repeated abuse were dismissed from service in the public uproar over the case. After a total of no fewer than seven reports of suspected child abuse from sources including Gabriel’s teacher, the social workers did not investigate the allegations thoroughly enough to remove the boy from what amounted to a torture chamber of horrors. A blue-ribbon panel formed in the fallout from the case issued a scorching report mandating changes in the way at risk children are overseen in Los Angeles County. Gabriel’s maternal grandmother has filed a wrongful death lawsuit against the county and the DCFS.
Gabriel Fernandez, tortured and murdered for being “gay.”
While there is plenty of blame to go around in the horrific torture murder of the eight-year-old, the fact of the active savagery of a mother, deemed otherwise sane, against her own child for whatever reason prompted Gay Star News to dub Pearl Fernandez “The Worst Mother in the World.” According to the Antelope Valley Press, Los Angeles Sheriff’s Deputy Jonathan Beck testified in court that on the night of Gabriel’s discovery, Pearl expressed little or no concern for her child. When prosecutors asked Deputy Beck if she showed concern for anything, he said, “Her cats.” The depth of hatred for LGBTQ people shown by the punishment rained down on Gabriel by Aguirre and Fernandez is hard to fathom. For allegedly playing with dolls, they humiliated him by forcing him to wear girls’ clothing, ridiculed him in front of his siblings, and tortured him beyond belief. Apparently, these two adults believed that blaming an eight-year-old child for being “gay” somehow mitigated and justified what they did to him. It also betokens that his own mother would rather have a dead son than a gay one.
Now, according to an organization posting on Facebook as “Gabriel’s Justice,” Fernandez and Aguirre’s guilty plea and the life-without-parole sentence finally brings some sense of closure to this outrageous case. For the advocates for Gabriel, there was never a doubt that the couple would be found guilty of this heinous crime, for putting Gabriel through such hell for so many months of his young life. The group expressed relief that years of appeals could now be avoided. Now, the fear to which these people subjected an innocent child would now be visited on them with a vengeance. “The two would sit on death row for over 30 years utilizing appeal after appeal with no closure for anyone,” the Gabriel’s Justice web master said in a post on Facebook. “Both will be placed in general population, there’s no safety house for them. This would not be true on Death Row.” With a sense of some vindication, the post is summed up with these words: “Justice has been served.”
Gay Bashing in North Texas Leads to Hate Crime Charge
Gay bashing victim Arron Keahey, 24, after teen assailant savagely beat him last Labor Day.
Dallas, Texas – A Springtown man who lied about his encounter with a gay man via social media in September has been charged with a bias-motivated hate crime. According to a press release by the Dallas Division of the FBI, Brice Johnson, 19, has been charged with “willfully causing bodily injury to a person because of the actual or perceived sexual orientation of that person in a federal criminal complaint.” On September 2, 2013, 24-year-old gay man, Arron Keahey, connected to Johnson through the social app, MeetMe, being led to believe that Johnson was gay. The FBI press release details how Johnson led on Keahey to lure him to his home: “During their communications, Johnson said that he was interested in engaging in sexual activity with A.K. He invited A.K. to his home, gave A.K. his cell phone number and address, and they exchanged text messages planning their sexual activity.”
As soon as Keahey arrived at Johnson’s home, the assailant beat Keahey savagely, bound his wrists with an electrical cord, and rolled him into the trunk of a car. Johnson drove to a friends house with his injured victim bleeding in the trunk. Upon learning that Johnson had bashed the gay man so severely, Johnson’s friends threatened to call the police themselves if Johnson did not rush Keahey to a hospital. Johnson drove his victim to a hospital in Fort Worth where he was treated for ten full days for smashed facial bones, lost and broken teeth, and multiple skull fractures. Johnson concocted a story that he had found Keahey wounded, and being such a Good Samaritan, took him to the Harris Methodist Hospital. Officers investigating found evidence to the contrary on Johnson’s cell phone where he had recorded a gay slur to refer to Keahey’s contact number. Johnson then changed his story to say that he was “pulling a prank” on Keahey by the use of the slur to refer to him because of his sexual orientation. Keahey has sworn that he had never had any sort of sexual or physical contact with his attacker prior to the moment Johnson lashed out at him on the night of the crime.
At the time of the incident, North Texas news media and law officers were reluctant to say that the assault that nearly killed Keahey was a hate crime. Only after an extensive investigation with the FBI who were called into the case because of the possible anti-gay violence did the Parker County Sheriff’s Department and the Springtown Police Department come to final agreement that Keahey had told the truth all along, and that he had indeed been the victim of a hate crime due to extreme animus against his sexual orientation. Though it remains unsaid in the FBI press release, the U.S. Department of Justice was able to step into the case investigation because of the provisions of the Matthew Shepard/James Byrd Jr. Hate Crimes Prevention Act signed into law by President Barack Obama in October of 2009. Otherwise, like so many under-investigated attacks against LGBT people, this hate crime would have gone uncharged and unpunished.
Brice Johnson, 19, charged by FBI with bias-motivated hate crime.
According to a report by the Dallas Morning News, one of the major news outlets most reluctant to name anti-gay hate crimes as they demonstrated in this case, it was a Springtown Police Lieutenant, Officer Curtis Stone, who first suggested in his report that the Labor Day beating might be a “possible” hate crime. WFAA-TV which covered the September attack and interviewed Keahey, spun the story to subtly suggest that the gay man’s use of the MeetMe app had led to the crime. Such an intimation may be factually accurate, but does not take into account the use of social media daily by millions of heterosexual people to hook up with the reasonable assumption that they will be safe in doing so. While there is always risk in meeting unknown people through web-based or phone-based media, no one at WFAA has issued a warning that straight men and women who fall victim to violence after using social media are somehow responsible for their own victimization–a suggestion that LGBT hate crimes victims are to blame for violence against them. The WFAA story ends with Keahey agreeing that he had “learned a painful lesson.”
Johnson appeared in court for the first time on Thursday to be charged with a hate crime. The statutory maximum penalty is a ten year sentence in a federal penitentiary, and a $250,000 fine.
It took five full months for the Department of Justice and the FBI to firm up the hate crime charge against Johnson that the Springtown Officer had first suggested. No one in Springtown or Parker County, or North Texas for that matter, wants to have to admit that anti-gay hate crimes take place there. But they do.
Notorious Gay Panic and Trans Panic Legal Defenses Must End, Says American Bar Association
Gwen Araujo’s mother, Sylvia Guerrero, cradles her portrait. Thanks to the ABA, the so-called Gay and Trans Panic excuses for violence may one day be a thing of the past.
San Francisco, California – Gay Panic and Trans Panic legal defenses must go, says the House of Delegates of the American Bar Association at their annual meeting this past week. The delegates voted to follow the lead of California legislation calling for the cessation of excuses for violence against gays, lesbians, and transgender persons allegedly because of fear of homosexuals or the identity of transgender persons, according to eNews Park Forest. The San Francisco Chronicle reports that the President of the National LGBT Bar Association, D’Arcy Kemnitz, sponsor of the cessation resolution at the ABA convention, called upon lawmakers throughout the United States to frame legislation banning the use of the Gay Panic and Trans Panic defenses, saying, “Legal professionals find no validity in these sham defenses mounted by those who seek to perpetuate discrimination and stereotypes as an excuse for violence.”
The Resolution, 113A, which had previously been vetted and passed by the ABA’s Criminal Justice Section, says in part that the ABA “urges federal, state, local and territorial governments to take legislative action to curtail the availability and effectiveness of the ‘gay panic’ and ‘trans panic’ defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction,” according to the report of Gay Star News. The Resolution goes on to say, “Such legislative action should include requiring courts in any criminal trial or proceeding, upon the request of a party, to instruct the jury not to let bias, sympathy, prejudice, or public opinion influence its decision about the victims, witnesses, or defendants based upon sexual orientation or gender identity; and specifying that neither a non-violent sexual advance, nor the discovery of a person’s sex or gender identity, constitutes legally adequate provocation to mitigate the crime of murder to manslaughter, or to mitigate the severity of any non-capital crime.”
Californians passed their 2006 law banning the use of Gay and Trans Panic defenses in response to the infamous 2002 slaying of transwoman Gwen Araujo of Newark, California by four male assailants who claimed that they panicked in “the heat of the moment” when they discovered Araujo’s biological identity. The trial uncovered the truth, that both main defendants had sexual relations with Araujo for months prior to the gruesome murder, which they perpetrated by bludgeoning her into unconsciousness with a can of tomatoes and an iron frying pan. Her attackers finished Araujo off by strangling her with a rope and beating her with a shovel. Gwen’s murderers then drove her body four hours away from the San Francisco Bay area to bury her in a shallow grave in the Sierra Nevado mountains, where her remains lay undiscovered for several days. All four defendants were found guilty of the killing, and were sentenced to prison after a series of three trials. The two main defendants were sentenced to 15 years to life for second degree murder. The consensus of legal opinion is that the Araujo trials went a far distance toward discrediting the Trans Panic defense for perpetrating violence against LGBTQ people.
In 2009, on what would have been Gwen Araujo’s 25th birthday had she lived, her mother Sylvia Guerrero called upon the American public to commemorate her transgender daughter’s life. Speaking to the Examiner.com, Ms. Guerrero invited everyone to honor her child though acts of joy and service: “Light a candle, release a balloon, or do a good deed for someone less fortunate than yourself. Thank you for keeping her memory alive.” Now, Gwen Amber Rose Araujo has an even more lasting legacy with the ABA’s campaign to end the Trans Panic and Gay Panic excuses for violence in the American legal system forever. Rest in peace, Sister.
Gay San Antonio Man Brutally Beaten Unconscious By Three Brothers for “Flirting”
Three Brothers carried out alleged hate crime attack on a San Antonio gay man (L to R, Aurelio Huerta-Gonzalez, 33; Filiberto Huerta-Gonzalez, 30; and Juan Huerta-Gonzalez, 35, San Antonio Police Department photo).
San Antonio, Texas – An alleged weekend anti-gay hate crime has landed three brothers in deep trouble. A 48-year-old openly gay man who said the brothers had problems with his being gay, was savagely beaten to the floor of a coin operated laundry at his apartment complex on the west side of San Antonio this past Sunday.
KENS5 News reports that the victim was doing laundry and visiting with other apartment tenants when the three brothers and a fourth man as yet unidentified started the attack. A police report says that the three brothers confronted the victim for how he “looked” at them, calling him a derogatory term in Spanish. The alleged assailants, who live together in a single apartment in the same complex, Juan Huerta-Gonzalez, 35; Aurelio Huerta-Gonzalez, 33; and Filiberto Huerta-Gonzalez, 30, were arrested by San Antonio Police and charged with an assault hate crime.
The attack was swift and brutal. The youngest brother, Filiberto, allegedly uttered the slur and told the gay man he hated gay people, according to KSAT News 3. The assailants punched the victim, beat him to the floor of the laundry, kicked him, and even bit him on the knuckle of his hand. After awaking from being knocked unconscious in the attack, the victim called police. The middle brother, Aurelio, complained to police that the gay man had been flirting with them, calling one of them “baby,” and “sweet thing.”
A spokesman for the San Antonio Police Department, Officer Matthew Porter, told news outlets, “According to the victim, he believes that his sexual orientation is the reason why he was confronted by these suspects. We are carrying this as a hate crime.” Officer Porter went on to say, “One of the suspects made mention that the victim would look at him. Again, that’s no reason to assault this individual. You have a right to choose your religion, your sexual orientation.”
The three brothers are in custody at the Bexar County Jail, where they are being held for Immigration and Customs Enforcement agents. The fourth man has yet to be apprehended.
San Antonio, the state’s second largest city, has no municipal protections in place for LGBT people. Officials claim hate crimes against gay people are rare in the Alamo City. Records show that 17 such crimes occurred in the city last year, and this incident is the second recorded in 2013.
Transgender Murder in Cincinnati Part of Alarming National Trend
Kendall L. Hampton, 26, gender variant person killed by gunshots in Cincinnati.
Cincinnati, Ohio – A 26-year-old gender-nonconforming person was found shot to death late last Saturday night. Transgender and anti-violence advocates are drawing attention to the brutal murder of Kendall L. Hampton as they highlight the alarming increase in transgender and gender non-conforming violence in the country, especially against people of color.
Your Black World says that the National Coalition of Anti-Violence Programs (NCAVP) has identified nine gender non-conforming or transgender homicides this year so far. Of the 30 documented murders of LGBTQ people registered by the NCAVP, 87% are either transgender or gender variant people of color.
WXIX TV 19 reports that Hampton, an alleged sex worker, was found fatally shot in a parking lot between a McDonald’s fast food restaurant and a Dairy Mart. He was transported to nearby University Hospital where he was pronounced dead later that night. Police say that Hampton was shot twice by an unknown assailant.
The NCAVP and the Buckeye Region Anti-Violence Organization are calling on lawmakers and law enforcement officials to investigate Hampton’s murder for signs of gender, race, and sexual orientation bias. An increasing chorus of advocates and everyday citizens is calling for better enforcement of hate crimes statutes, especially the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, signed into law by President Obama in October of 2009. Social Justice activists note that since increased publicity has been focused on LGBTQ people since the Shepard Act became law, the rate of violence has increased each year. Some are calling for the passage of tougher anti-queer legislation to protect the vulnerable LGBTQ community.
Often news reports of prostitution are published by the media in gender variant homicide cases, not because gender non-conforming people are apt to be sex workers, but rather because the sensational titillation associated with the murder of prostitutes sells more copy. The effect of such reports is to downplay the public’s sympathy for the victim, and to lessen the impact of the news of a murder on a wider readership or listening audience. It is a sometimes no-so-subtle means of blaming the victim for his own demise. Whether Kendall Hampton was actively working in the sex industry is beside the point. He was a human being of worth, perceived to be different enough that someone acted out of hatred and killed him. Whether the killer gets to own the story of his victim’s death will be up to a more informed public, and a media establishment less interested in sensationalism and more intent on stopping violence against Americans.
Bisexual Man Attacked with Samurai Sword
David Teague III believes anti-bisexual bias motivated the sword attack that left his wrist slashed, tendons cut, and nerves severed in his left arm.
Johnston, Rhode Island – A 24-year-old bisexual man suffered severed tendons and nerves in his left wrist after being slashed with a Japanese katana, a samurai sword. The victim says he believes the attack was motivated by hatred for his sexual orientation.
WJAR-TV News reports that David Teague III was injured during a fight that started outside a home in Johnston early Saturday morning. Though drinking had been involved, Teague says his assailant cut him because of animosity toward his bisexuality. The attacker allegedly yelled a homophobic slur at Teague as he pressed his attack. The victim believes that the assault was no accident, and was a hate crime. “The next day I sat there wondering if my sexuality had anything to do with it,” Teague said to News 10. “I just want justice. He used a derogatory word that has to do with being homosexual. I believe he used his anger towards homosexuals to commit this crime against me.”
Investigators agree that there was a homophobic slur used by Teague’s attacker, but they say the slur alone is not enough to warrant a hate crime investigation. They pledge to pursue the anti-bisexual motive if they uncover more evidence supporting the claim. Boston.com says that a group of men outside the Johnston house were drinking that evening, when a quarrel broke out between Teague and his as-yet-unidentified assailant. When the two men started fighting, some of the other drinkers got involved, and at some point the assailant, yelling the slur, picked up the sword and slashed Teague’s wrist. WJAR-TV News took a statement from a woman on Monday who has disputed Teague’s account, blaming Teague for the fight. Johnston Police have charged her with obstruction of justice, believing that she tried to divert investigators’ attention away from her boyfriend, the prime suspect in the slashing attack. Police have also charged two men with disorderly conduct.
Teague is currently facing no charges in relation to the attack. “I just wish this wasn’t about sexuality. Even though there might be enough to substantiate a claim of hate crime, I still feel hated,” he said.
Lesbian Mutilated in Nebraska Hate Crime Speaks Out To Doubters
Charlie Rogers, victim of alleged anti-LGBTQ hate crime, speaks out for the first time.
Lincoln, Nebraska – “I am not a pawn in a game, you know. I am a person.” Charlie Rogers, the victim of an alleged hate crime mutilation in the Nebraska capital city spoke out for the first time in an extended interview on KETV Omaha on Thursday. Rogers, a 33-year-old small business owner who lives openly as a lesbian, said she decided to grant the interview in response to media reports that police were investigating if her report was a hoax.
The five-minute interview shows the passion and hurt Ms. Rogers feels as the victim of a horrific home invasion, allegedly by three masked men early on Sunday who stripped her, bound her with zip ties, carved anti-gay slurs into her flesh, and then attempted to set the house on fire. Her harrowing experience did not end with a stay in the hospital and then in a safe house where she has been recovering since the attack. Now Ms. Rogers has to deal with the suspicions unleashed by doubts about her report of what happened to her in the dead of night in her own home. “It feels like a kick in the stomach,” she told KETV, even though she understands that there will always be doubters. “Being a victim in situation like this or a survivor and then having your integrity questioned, I guess, it feels very victimizing again,” Rogers said. “It makes an already difficult situation more difficult because my world has been changed forever by these events.” Lincoln Police Officer Katie Flood suggested to NBC that they were investigating all aspects of the case, including whether Ms. Rogers made the whole thing up. The media seized on the suggestion of a hoax immediately, sensationalizing the story of this outrage into an inquest into the victim’s credibility.
Investigators found three spray-painted anti-gay epithets in Ms. Rogers’ home, including one that read, “We Found U Dyke!” Coupled with the victim’s report that the attack was motivated by homophobia, and the slurs sliced into her skin, all these factors have led police to proceed as if this case was a hate crime based on sexual orientation.
But the hate crime investigation notwithstanding, Lincoln’s populace is reportedly plagued by doubts. Speculation mounted in the days before Ms. Rogers’ interview–“what if…?”
Ms. Rogers’ attorney, Megan Mikolajczyk, told CNN that her client wanted to dispel as much of the doubt as she could. Mikolajczyk said she wasn’t surprised that there were people who wondered if the attack really ever happened at all. She also said that Ms. Rogers was not answering any one person’s doubts in particular. “I don’t think it’s safe or necessary to point the finger at any one individual,” Mikolajczyk said. “I think it’s par for the course for any sort of high-profile incident for people to question what happened.”
Sadly, Ms. Rogers’ attorney is right: it is “par for the course” for doubts to be raised about the veracity, mental state, motives, and character of LGBTQ hate crimes victims whenever they are targeted by violent attacks. Such suspicion may or may not aid investigators to arrive at the truth in cases like this one, but it surely re-victimizes the person wounded or killed in such attacks. “We-doubt-you” stories in the press and on TV also rob many of these outrageous crimes of their news worthy power to draw badly needed national attention to the soaring increases in anti-LGBTQ hate crimes. Blame and besmirch the victims of hate crimes is one of the leading ways heterosexist communities control gay people, as dozens of stories on the Unfinished Lives Blog show. One has to wonder whether statements of police officers to the media about hoaxes are less about the search for forensic truth than the desperation of the status quo to stay intact when revelatory events begin to disturb the public.
Ms. Rogers, an avid LGBTQ advocate, community volunteer, and former University of Nebraska basketball star, deserves a great deal of credit for coming forward to set the record straight, and to quell as much of the doubt as she can. Time will tell who is right, but time is also of the essence as the trail of the alleged attackers grows increasingly cold. Many in Lincoln, hundreds of not thousands, do believe Charlie Rogers, and support her full recovery even as they remain watchful that police investigators carry out a thorough, speedy search for the truth in this case, and expeditiously bring these hate criminals to justice.
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.
About
If you are a first-time visitor to the Unfinished Lives Project website, we invite you to read A Welcome Message introducing you to our project. We are truly grateful for your visit.
The Unfinished Lives Project website is a place of public discourse which remembers and honors LGBTQ hate crime victims, while also revealing the reality of unseen violence perpetrated against people whose only “offense” is their sexual orientation, gender identity, or gender presentation. LGBTQ people in the United States are suffering a slow-rolling decimation of terror and murder all across the country. Every locale and demographic of society are affected: First Nations, Anglo, Black, Latino and Latina, South and Southeast Asian, Transgender, Bisexuals, Gay men, Lesbians, disabled, young, and mature. Homophobia has a long, crooked arm, and it is reaching out to snatch the life away from women and men whose tragic stories are under-reported to begin with, and whose memories are swiftly forgotten.
The horror of these killings transcends the shock and bereavement of loved ones and friends. These are not typical homicides; they are not killings for money or drugs, incidents of domestic strife, or crimes of passion. The vicious nature of hate crimes against LGBTQ persons is extremely brutal, grotesquely violent, and egregiously hateful.
Each murder serves the LGBTQ population as a sobering warning about the actual level of danger in our communities. The message these killings send is that freedom and open life for LGBTQ people is a cruel dream. Every time we remember one of these victims, however, the intentions of their killers are frustrated. To remember these women and men is to begin the process of changing the culture that killed them.
Our Project Director
Dr. Stephen V. Sprinkle (Keith Tew photo).
Stephen V. Sprinkle is Director of Field Education and Supervised Ministry, and Professor of Practical Theology at Brite Divinity School, Fort Worth, Texas, a post he has held since 1994. An ordained Baptist minister, he is the first open and out Gay scholar in the history of the Divinity School, and the first open and out LGBTQ person to be tenured there. Read More…
Recent Social Justice Advocacy Activity By Dr. Sprinkle
Summer 2009 – Dr. Sprinkle responded to the Fort Worth Police Department and Texas Alcoholic Beverage Commission Raid on the Rainbow Lounge, Fort Worth’s newest gay bar, on June 28, 2009, the exact 40th Anniversary of the Stonewall Rebellion. Dr. Sprinkle was invited to speak at three protest events sponsored by Queer LiberAction of Dallas. Here, he is keynoting the Rainbow Lounge Protest at the Tarrant County Courthouse on July 12, 2009. Read More…
Contact Us
Communicate with the Unfinished Lives project team:
info@unfinishedlivesblog.com
Schedule a Presentation
Dr. Sprinkle will gladly present his acclaimed presentation to your organization. To arrange an Unfinished Lives presentation for your organization or group, please contact us.
Dr. Sprinkle has given his Unfinished Lives presentation to these and other community groups and organizations. Read More…
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Publisher: Steve Sprinkle (Project Director)
Steve Sprinkle
Unfinished Lives: Remembering LGBT Hate Crime VictimsBrite Divinity School/Texas Christian UniversityFort Worth TXprofessor, minister, author, blogger, LGBTQ advocate
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Unfinished Lives 
Gay Hate Crimes Victim Ryan Keith Skipper Lives On: A Special Comment
Ryan Keith Skipper (April 28, 1981 - March 14, 2007)
Wahneta, Florida – Today would have been Ryan Keith Skipper’s 31st birthday, had he not died at the hands of two reckless, homophobic men in Central Florida five years ago. But Ryan lives on in the hearts and minds of his family, his friends, and countless supporters of human rights who commemorate his life and the lives of other hate crimes murder victims around the nation.
Ryan’s murderers are both sentenced to life in prison for their crimes. William David “Bill-Bill” Brown Jr. and Joseph “Smiley” Bearden killed Ryan on the night of March 14, 2007 in cold blood, stole his car, and vainly attempted to fence it before desperately trying to burn it up in order to destroy evidence of the murder. The Sheriff of Polk County, Grady Judd, capitalized on Ryan’s murder politically, and crassly blamed Ryan for his own death. Sheriff Judd, as of this writing, still holds office, though every one of his innuendoes and allegations concerning Ryan have been categorically disproved.
In the five years since Ryan’s untimely death, his parents, Pat and Lynn Mulder, his brother Damien, and his host of friends have gotten on with their lives, dealing with their grief the best they can. His family has become one of the foremost voices for justice for hate crimes victims in the nation. A major documentary film, “Accessory to Murder: Our Culture’s Complicity in the Death of Ryan Skipper,” directed by Vicki Nantz, a former news director for Orlando’s WESH-TV, continues to open hearts and minds to the cause of human equality throughout Florida and beyond. Damien, Ryan’s older brother, has married and moved away from Florida. He and his wife welcomed a beautiful baby girl, Ryan, into the world this past year, so in an act of life in defiance of death, another Ryan Skipper lives and thrives in her uncle’s memory.
The Unfinished Lives Project was inspired by the life story of Ryan Skipper: his extraordinary capacity for love and friendship, his ability to make people feel appreciated and important, and his unconquerable spirit of life. His story occupies a chapter in the recent book, Unfinished Lives: Reviving the Memories of LGBTQ Hate Crimes Victims (Resource Publications, 2011), entitled “Keeper of Hearts.”
Every time Ryan is remembered and his story is retold, the intentions of his killers and their accomplices in today’s culture and politics are thwarted. Ryan is precious in our memory on his birthday. Our fight for equality and justice continues because Ryan lives on in our hearts.
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April 28, 2012 Posted by unfinishedlives | Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Florida, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, LGBTQ, Media Issues, Politics, Remembrances, Slashing attacks, Social Justice Advocacy, Special Comments | anti-LGBT hate crime murder, Blame the victim, Florida, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, LGBTQ, Remembrances, Slashing attacks, Social Justice Advocacy, Special Comment, Unfinished Lives book, Unfinished Lives Project | 7 Comments