What the Matthew Shepard Act Does: Rachel Maddow Comments

Attacks against LGBT people in the U.S. are increasing alarmingly
Violent crimes against LGBT people have increased in the U.S. population in the last two years at an alarming rate, especially among Latino and Black racial/ethnic groups. The California Department of Justice, for example, noted 263 hate crimes based on sexual orientation in 2007. Commenting on these statistics, Jason Bartlett, a California-based spokesman for the National Black Justice Coalition, a lesbian, gay, bisexual and transgender (LGBT) rights advocacy group, said, “We have a disproportionate amount of African-Americans being targeted that are LGBT, and we have a huge disparity where transgender people are attacked due to gender expression. Within the Black or Latino community there is more stigma attached to being gay or lesbian or transgender. It’s not talked about as much and within our religious institutions. We have ministers that speak homophobia from the pulpit. Those kind of messages filter down.” The same is true throughout the country, as the brutal murders of Angie Zapata, Latina transgender woman from Greeley, CO, and Lateishia Green, African American transgender woman from Syracuse, NY, show.

Latiesha Green, transwoman murdered in Syracuse, NY
The Local Law Enforcement Hate Crimes Prevention Act of 2009, also known as the Matthew Shepard Act, would expand current hate-crimes laws and authorize the Attorney General “to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution” of any crime “motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the state, local, or tribal hate crime laws.”

Misleading anti-Shepard Act flyer, aimed at U.S. Congress
Against critics, supporters of the Act note that this is not a “hate speech act,” or a “hate thought act,” as detractors have charged. This Act specifically preserves all First Amendment rights of speech and assembly. Instead, this Act targets crimes perpetrated against LGBT people because of bias motivation against their sexual orientation or gender expression and identity.

Rachel Maddow, MSNBC News Commentator
Nobody seems to have gotten the rationale for the Matthew Shepard Act more clearly than MSMBC’s commentator, Rachel Maddow. In her discussion of the controversy surrounding the Act since its passage in the U.S. House of Representatives, she put it this way on The Rachel Maddow Show of 4/30/09:
MADDOW: “The concept behind this kind of legislation is often misconstrued but here’s the deal as I understand it. The idea is that the federal Justice Department can get involved in a case to help local authorities or even to take the lead on a case if need be, in prosecuting individual serious violet crimes and murders in which the victim was selected on the basis of race, color, religion, national origin, sexual orientation, gender, gender identity, disability – the idea that crimes like that are intended not only to hurt or murder an individual, but to terrorize an entire community, and so there is a national interest in ensuring that those crimes are solved and prosecuted, particularly if local law enforcement doesn’t want to because they are blinkered by the same prejudice that led to the crime in the first place.”
U.S. House of Representatives Passes Fully Inclusive Hate Crimes Act
The Matthew Shepard Act, fully inclusive of sexual orientation and gender identity, passed the House of Representatives April 29 by a large majority, 249-175. Judy Shepard, mother of slain University of Wyoming student, Matthew Shepard, lobbied hard today for passage. Now, on to the U.S. Senate where the measure needs a super majority of 60 to get it to President Obama’s desk.
Richard Hernandez’s Alleged Murderer Incompetent to Stand Trial?

Richard Hernandez (l), and Seth Winder, courtesy of Dallas Voice
Denton, TX: Seth Winder, 29, prime suspect in the horrific dismemberment of out gay Dallasite, Richard Hernandez, has been ruled mentally incompetent to stand trial and is being remanded to a mental health facility for treatment.

Hernandez, out gay resident of a portion of far north Dallas in Denton County, was slain in a grisly, Silence-of-the-Lambs-style fashion in his apartment in early September 2008. Investigators found tissue from Hernandez’s internal organs in a bathtub, but his body has never been found. Informed sources speculate that his dismembered body was disposed of in a Dumpster, and subsequently buried in a landfill.
Winder was first suspected of the murder when he allegedly used debit cards belonging to Hernandez some days after the murder. Blood-coated evidence was found by police at two campsites where Winder spent time. They also recovered a camera in Winder’s father’s home that preserved “pornographic images” of Seth Winder in Hernandez’s apartment.
Derek Adame, Winder’s court-appointed defense attorney, told reporters that his client was being sent to a psychiatric facility for treatment because he seemed not to understand the charges against him and had trouble communicating to build a defense on his behalf. A Denton County judge ordered the committal, finding Seth Winder mentally “incompetent with a probability of recovery.”
Winder’s father, Rodney Winder, estranged from his son because of what he described as Seth’s “schizophrenia,” says that he tried unsuccessfully to get Seth committed for years because of his behavior. His father related Seth’s obsession with knives, and his disturbing pattern of chopping up snakes, spreading the pieces on the lawn at his father’s house.

Michel Foucault, French 20th c. philosopher
Michel Foucault, the renowned French philosopher, was among the first to note the role madness plays in recent history. In his works, Madness and Civilization, and History of Madness, Foucault makes the point that madness is a social construct reflecting each era’s notions of what is pathological. What we call “sanity” may well be the sum of all of our societal madness. If Seth Winder is proven to have cut Richard Hernandez to pieces, we are left to wonder what role the homophobia of church and society played in his actions. Foucault suggests that social depravity is a perverse implantation. As long as homophobia is part of the social fabric of American life, the line between “sane” killers of LGBT people and “insane” ones will remain blurred.

English madhouse, 18th c., by William Hogarth
To his father, Seth Winder’s madness is “bona fide,” as he told the press. To friends and relatives of Richard Hernandez, his madness is crazy like a fox. Rudy Araiza, gay longtime friend of Hernandez, told John Wright of the Dallas Voice, “I honestly believe that he knew what he was doing, and now this is his way of not paying for his actions or serving time. This guy is just buying himself some time.”
When will Seth Winder be competent to participate in his own defense and to stand trial? Psychiatrists will have to make that determination to the satisfaction of a judge. This case points up the symptoms of a society so ill that it may determine an individual delusional when he dismembers a gay man, but may go on to accept the everyday irrational hatred of LGBT people as moral and sane. Until a final judgement is made on the mental capacity of Seth Winder, there is one thing both his father and Hernandez’s friends agree upon: he must remain behind bars [Thanks to Dallas Voice journalist John Wright for fine reporting on this story].
Drag Queen Murdered in NC

Jimmy McCollough, also known as Imaje Devera
Fayetteville, NC – “Ms. Jimmy,” also known on stage as Imaje Devera was found stabbed to death outside Club Emages, a local gay and lesbian night spot around midnight on April 14, 2009. Jimmy McCollough, 34, was a talented female impersonator who struggled to make ends meet in the recession economy. Police are investigating the murder as a hate crime, but since North Carolina does not have hate crime legislation addressing LGBT hate crime violence, and neither does the federal government, resources to investigate and prosecute such a crime are slim in the Old North State.
Transgender community leader Janice Covington, wrote in response to Ms. Jimmy’s murder: “This morning, April 14, 2009, the murdered body of Image Devereux (Ms. Jimmy) was found on Joseph Street behind the old Club Spektrum in Fayetteville, N.C. She was a local Drag Queen who many of us knew as a friend. She will be missed but not forgotten. My prayers go out to her family.”

An underreported aspect of this story is the high degree of anti-LGBT prejudice in hiring practices in Fayetteville and around the nation. The proposed Employment Non-Discrimination Act, or ENDA, now transgender inclusive, is necessary to confront and begin to rectify the desperate situation so many trans and gender-non-conforming men find themselves in today. Southerners On New Ground (SONG), founded by Black and White lesbians in order to advance Lesbian, Gay, Bisexual, Transgender, and Queer multi-racial, multi-issued education, commented on Ms. Jimmy’s death: “Mr. McCollough was presumably simply working the streets on the night he was murdered, trying to pay his bills. Like too many in our communities, he was a gender non-conforming person of color in the South, known to be a sex worker, and a presence in the community. SONG continues to be committed to working for a day when folks like Mr. McCollough are not victims of violence, and when lives and livelihoods such as his as seen as just as important and precious as any other life.”
Michael Scott Goucher and the Deadly Web of Homophobia

Michael Scott Goucher
Michael Scott Goucher, 21, thought he was meeting Shawn “Skippy” Freemore, 19, for a second tryst when he left his Stroudsburg, PA, apartment on the night of February 3, 2009 (see Towleroad, “Internet Tryst Leads to Murder of Pennsylvania Army Veteran, 2/13/2009”). Instead, Goucher was being set up for murder. Goucher met Freemore online. According to his MySpace page, Freemore identified as bisexual, but more interested in men. After the initial meet up in January, Freemore enlisted his friend, Ian Seagraves, 17, to ambush Goucher.
Goucher followed Freemore out of his car in a wooded area off of Snow Hill Road in Price Township. Seagraves, who was hiding under a nearby bridge, surprised Goucher, stabbing him in the neck. During the attack, his two assailants stabbed Goucher “45 to 50 times” according to police affadavits. They rifled his pockets, taking credit cards, his ID, and a cell phone. A DVD belonging to Goucher was later confiscated at Seagraves’ home. They covered his body with snow, and drove his car away.

Ian Seagraves & Shawn Freemore, courtesy of Pocono Record
When he was arrested, Freemore contended that he had acted alone and used the “gay panic” defense, saying that he resisted Goucher’s sexual advances in the car, and only after Goucher pursued him outside, stabbed him in the neck and stomach “about 20 times.” On February 11, 2009, Freemore showed police the location of Goucher’s body. Detectives secured a knife and a meat cleaver near the body, and a roll of duct tape with Seagraves’ fingerprint under the bridge. Seagraves, who apparently celebrated his part in the murder by changing his MySpace moniker to “ThrOwt Stabba,” was soon arrested, and the pair is now charged with premeditated murder.
This is one murder the FBI will surely miss in its Hate Crimes Statistics. The murky details of online hookups, closeted gayness, and bisexuality mingle with drug and alcohol addiction (on Freemore’s part at least), theft, and the involvement of the teenage men in a violence-exalting subculture called “the Juggaloes.” Anti-gay hate murder has been facilitated online before, as the story of Michael J. Sandy showed in 2006, as well as the role that homosexual self-loathing plays in the psychological makeup of some attackers. But this was a brutal, homophobia-instigated and motivated hate crime.

Michael Goucher at the Zion UCC organ
Goucher, a U.S. Army veteran, was a contributing member of his community. He worked for the local school system, and volunteered as the assistant organist of the Zion United Church of Christ in Stroudsburg, where he had impressed the pastor and the membership with his talent, sincerity, and friendliness. He was captain of the East Stroudsburg Crime Watch. He was a gay man. Though he came out to his family as early as 14, according to his uncle, William Searfoss, Goucher did keep his orientation from his Army superiors.
His killers will be judged according to the evidence. Allegedly, they own the guilt for this terrible crime. But Freemore and Seagraves are, in their own ways, victims of American-style homophobia, too. They were products of the same school system as Michael Goucher. They loathed gay men enough to turn a consensual sexual encounter into a bloodbath, with all the marks of homophobic overkill. They victimized Michael Goucher, giving way to their own self-loathing.
UPDATE: Following a Supreme Court ruling that juveniles cannot be sentenced to life without parole, Ian Seagraves was given a new hearing in hopes of securing a lesser sentence. His attorney filed a petition to the court based on the Supreme Court decision. But the judge was unmoved by the arguments, and after hearing the profanity laced lyrics of Seagraves’ song about the Goucher murder, reaffirmed the sentence Seagraves was serving. Goucher’s uncle, William Searfoss, said to PA Homepage, that the focus of the story can now return to Michael Goucher: “This isn’t about [Seagraves]. This is about Mike.”
Hate Crime Enhancement Ruled Out in Duncanson Verdict

Roberto “Pancho” Duncanson
1987 – May 12, 2007
Crown Heights, Brooklyn, New York
Terence at www.republicoft.com expresses outrage that Roberto Duncanson’s murder was not classified or prosecuted as an anti-gay hate crime. I share the outrage, T. If his stabbing death was not about hate, then what was it about?
Roberto Duncanson, nicknamed “Pancho,” worked at a local CVS Drug Store in Chelsea, NY. He had planned to vacation in Miami for his 21st birthday, and afterwards to start school to become an x-ray tech. He was a gay African American.
On the night of May 12, 2007, he had a run-in with Omar Willock, 17, who became enraged with Duncanson, claiming that he had flirted with him. All Willock could point to was the way he said Duncanson “looked” at him. Willock followed Duncanson down St. Mark’s Avenue, Crown Heights, shouting anti-gay slurs at him.
Duncanson walked away. He intended to visit a cousin on Brooklyn Avenue. Willock wouldn’t let it go. He kept verbally attacking Duncanson, and then started a fistfight with him. Duncanson defended himself. According to eye-witness testimony from his cousin, Jeimar Brown, after he and two girls pulled the two men apart, Willock had used a knife on his victim, having stabbed him four times. Willock ran from the scene. Duncanson collapsed on the sidewalk, striking his head on a street sign, bleeding profusely. He died an hour later at Kings County Hospital.
Willock was arrested after being picked out of a police lineup. His trial for the murder of Roberto Duncanson began March 11, 2009. On March 12, the judge in the trial tossed out the hate crime charge, which would have increased the minimum sentence in the case of conviction. He told the court that the DA had not sufficiently substantiated the hate crime nature of the murder. Willock was found guilty and sentenced from 15 years to life. Customarily, less than 25 years of such a sentence is served.
Willock dogged Duncanson again and again, verbally assaulting him with ugly, anti-gay epithets, provoked a fight, and then wielded his knife to stab and kill the person whose life he loathed. Hate crime? Hell, yes! What else would any reasonable person call it?
~ Stephen V. Sprinkle, Director of the Unfinished Lives Project
Remembering Ryan Keith Skipper

Ryan Keith Skipper
April 28, 1981 – March 14, 2007
Wahneta, Florida
This is the second anniversary of Ryan’s murder. In the deep of night, as March 13 bled into March 14, two attackers savaged him as he sat in his car. The Polk Country Associate Medical Examiner testified that his autopsy revealed 19 stab and slash wounds, probably from two knives. The killing stroke was a 3.5-inch-deep cut into his neck, severing his jugular.
Though nothing can bring Ryan back to his family and friends, Joseph Eli “Smiley” Bearden, now 23, was found guilty on all counts. He is now serving a life sentence for Ryan’s murder. William David “Bill Bill” Brown, Jr., now 22, will stand trial for first degree murder in October of this year.
Sheriff Grady Judd has not yet apologized for filling the airwaves with misinformation about Ryan’s life, his character, and the events on the night of the murder. Every allegation he repeated to the press has been disproven. Judd should have been drummed out of office. Instead, he was re-elected by the citizens of Polk County this past November.
Ryan’s life is cherished, and his memory is a powerful force for winning equality for LGBT Americans. The manner of his death is a strong incentive for all people of good conscience to urge Congress and the President to enact the Matthew Shepard Act and the Transgender inclusive Employment Non-Discrimination Act into law, as well as abolish the military’s infamous Don’t Ask, Don’t Tell policy.
30-Year Sentence for Gay Bashing in Dallas

Jimmy Lee Dean After Near Fatal Assault (courtesy of Dallas Voice)
DallasVoice.com News Editor, John Wright reports that Jonathan Russell Gunther, 32, has been found guilty on March 4 of first-degree felony robbery and sentenced to 30 years for brutally attacking 43-year-old bisexual Jimmy Lee Dean on the night of July 17, 2008. Gunther and Bobby Jack Singleton, 29, both of Garland, Texas, beat and robbed Dean one block off the famous Cedar Springs Strip, the center of LGBT life in the DFW Metroplex. Singleton has yet to be tried for the crime.
The two assailants pistol-whipped Dean with a 9mm Glock handgun, rendering him unconscious, and then repeatedly kicked him in the head and body as he lay on the pavement. Their attack could have proved fatal, were it not for the intervention of Michael Robinson, a gay man who witnessed the crime in progress and called for help. Dean’s face is severely disfigured, he has lost his sense of smell, and suffers bouts of depression as a result of the incident. His eyelid still droops after two surgeries and may not be repairable. Before the sentencing, Dean spoke out about the crime, “I have never and could never see a reason to beat someone nearly to death just to have a good time…The only thing that will really make it easier is after the other trial. One down, one to go.”
Dallas-area LGBT folk and allies took to the streets in protest of the Dean attack, and the sluggish response of local officials to the rising anti-LGBT violence in the city. Dallas accounts for 34% of all the anti-gay hate violence in Texas.
Anti-Gay Monument Struck Down

Advocate.com reports that the US Supreme Court has ruled against Fred Phelps and Westboro Baptist Church of Topeka, Kansas, in their petition to build an anti-gay monument condemning slain LGBT icon, Matthew Shepard. Phelps wanted to erect the monument in a governmental plaza in Kansas reading, “Matthew Shepard Entered Hell October 12, 1998, in Defiance of God’s warning ‘thou shalt not lie with mankind as with womankind; it is an abomination.’ Leviticus 18:22.”

Phelps Anti-Gay Monument
The Supremes ruled unanimously that government parks receiving monument donations are under no obligation to accept them all. Phelps previously attempted to erect a similar monument condemning homosexuality and Matthew Shepard in a city park located in Shepard’s hometown, Caspar, Wyoming. The city council rejected the offer. Shepard, who was openly gay, was brutally murdered by two young men from Laramie where he was attending the University of Wyoming, in October 1998. The news of the heinous hate crime murder rocked the nation, and awakened millions to the existence of anti-LGBT violence in their own backyards. Both his attackers, Russell Henderson and Aaron McKinney, are serving life sentences. To date, no federal hate crimes prevention statutes have been enacted into law. The Matthew Shepard Act is under consideration during this Congress once again.


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. 


Bullfrog in the Kettle: On Not Being Lulled into a False Sense of Security About Anti-LGBT Violence
How do you boil a bullfrog? Don’t try to plop it in a steaming kettle on the stove. Ease it into a nice warm bath in the pot, and let it swim around until it drops its guard. Nudge up the heat nice and slow. Caught unawares, the frog won’t wake up to its danger until it is too late and the water is about to boil.
Larry King Cover in The Advocate magazine
Last year saw a rash of murders of young, feminine-presenting men about this time. In January, Adophus Simmons of North Charleston, South Carolina was shot to death while carrying his trash out to the dumpster. In February, just after Valentine’s Day, Larry King was shot in the back of the head in his middle school computer class by his classmate in Oxnard, California. Then, near the end of February, Simmie Williams, Jr. was shot down in the street in Fort Lauderdale, Florida by two still-unapprehended murders. Simmons was 18, King was 15, and Williams was 17.
Simmie Williams' Mother Mourns his death
It took some weeks for the LGBT press to connect the dots and cry out that young, gender non-conforming men, especially young men of color, were in the crosshairs of deadly prejudice in the United States. King’s murder drew a cover story in The Advocate, and then the mainstream press picked up the theme with its flawed cover in Newsweek. The nation shrugged off the murders of the other two boys. Now, things have gone strangely silent about the morphing of murder against LGBT people, with minimal interest in the new outbreak of violence against African American transwomen in Memphis, Tennessee. Queer folk are still being killed, but in the glow of President Obama’s first 100 Days, with all eyes turned to the beautiful First Couple and the stumbling U.S. economy, even the LGBT press is falling to sleep again, lulling the LGBT population who are still at risk everywhere into a false sense of security. The bullfrog is doing the backstroke in the kettle, and the heat is rising oh-so-slowly.
Joan Crawford, LGBT Icon, in Johnny Guitar
Just like queer folk used to sit through whole tiresome movies like Johnny Guitar just to see Joan Crawford descend the stairs wearing a butch shirt waving a gun, the LGBT and progressive press are hanging onto every hint of “gay” in President Obama’s speeches and press releases. He said “gay and lesbian” in Chicago on Election Night! He didn’t mention us in the Inaugural Address at all, but has our issues on the White House web site! His team invited Rick Warren (who opposes us 100%) to pray, but Joseph Lowery (who kinda likes us), too! The Inaugural Committee chose Bishop Gene Robinson to pray at the Lincoln Memorial (but then botched its broadcast, and somebody cut off his mic), and at the last minute invited him to the platform for the Inauguration! Please!
Here is what we know for sure:
1) Queer folk are still being killed and attacked in heightened numbers throughout the United States, especially in the Heartland of the Upper Midwest, the Left Coast, and the South, as NCAVP and FBI statistics demonstrate.
2) Even the presumption that someone is gay is deadly, as was the case of José O. Sucuzhañay, a straight man attacked while walking arm-in-arm with his brother in Brooklyn just before Christmas.
3) Transgender women and men, especially if they are of color, are dying in our streets in alarming numbers, as the Memphis attacks testify.
4) A gay man’s life is worth less than an animal’s in some states, as the imminent early release of Sean William Kennedy’s convicted murderer shows in Greenville, South Carolina.
5) Silence-of-the-Lambs style murders apparently cannot shake urban governments awake to the peril of their LGBT citizens, as the gruesome dismemberment of Richard Hernandez and the subsequent veil of silence surrounding it in Dallas, TX points out.
6) Most LGBT people would rather not read about this right now, with Spring Break coming up, and Easter, and the next Circuit Party, and all.
Who wouldn’t rather ignore the reality of violence and neglect that makes LGBT jobs, loves and our very lives so fragile in March 2009, the Obama Administration notwithstanding? Please don’t “let Barack do it” and abdicate responsibility for acting for and end to anti-LGBT violence in this country. Barack Obama needs all of us who feel the heat to make him keep his promises to enact the Matthew Shepard Act, ENDA, and to repeal DADT.
Don’t be fooled. Don’t be lulled. The kettle is on to boil.
~ Stephen V. Sprinkle, Director
The Unfinished Lives Project
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March 11, 2009 Posted by unfinishedlives | African Americans, Anglo Americans, gay men, gun violence, harassment, Hate Crime Statistics, Hate Crimes, Heterosexism and homophobia, Legislation, Mistaken as LGBT, Politics, Racism, School and church shootings, Special Comments | Comments Off on Bullfrog in the Kettle: On Not Being Lulled into a False Sense of Security About Anti-LGBT Violence