
Brandon McInerney (L), and Lawrence Fobes "Larry" King, (R)
Chatsworth, Los Angeles, California – After prosecution’s closing statement yesterday, and defense’s closing statement today, the trial of teen Brandon McInerney goes to the jury. Long weeks of hard-fought testimony, evidence and counter-evidence have come down to the judgment of twelve citizens over a deadly serious question: Is the victim of a homicide responsible for his own death, or not? McInerney’s defense team, led by Scott Wippert, has tried mightily to paint 15-year-old Larry King as the aggressor in his own slaying, justifying their client, the confessed killer, somehow for shooting his classmate twice in the head in broad daylight. Bridling at any suggestion by the prosecution that he and his team were using a version of the discredited “gay panic defense,” in which the psychic trauma of encountering perceived harassment by a gay person “ignites” a passion to kill, Wippert nonetheless has consistently used that logic to paint King as a “sexual aggressor” who made all the boys at E.O. Green Middle School in Oxnard feel unsafe. According to The Advocate, King’s manner of effeminate dress and language “harassed” the boys (most especially his client), and disrupted school life to the point that, as Wippert put it to the jury, “The [E.O. Green] boys didn’t feel safe in the school,” because of the 5-foot 4-inch, 125-pound King.
Prosecutor Maeve Fox sought to counter such an argument, calling the strategy of the defense an appeal to anti-gay sentiments and oppressive anti-feminine stereotypes. “It’s an attempt to reach somewhere deep down,” she said in her rebuttal to the jury. “To a dark place.” Fox showed a photo of King taken just days before his execution-style murder, smiling as he held up a green dress given him by his teacher, Dawn Boldrin. According to The Advocate, King was wearing a school uniform at the time of the picture, not women’s clothing, and had on unobtrusive makeup. Fox asked the jury as she held up the picture, “This is the guy that you are being asked to believe was a sexual predator who tortured the defendant into a state of despair.This [person] is so threatening to the average male psyche of 14 or 44 or 84?” She reminded the jury that if they bring in a verdict of manslaughter, they would be ignoring the testimony of students who said McInerney told them days before the killing that he was going to end King’s life, and further, the expert psychiatric report in which McInerney said he did not even consider his victim a human being. A manslaughter verdict would mean the jury believed that any average person would have acted in the same way McInerney did on the day he took his teenage classmate’s life. But premeditation of the sort the defendant exhibited by planning and waiting until first period class was well underway before he pulled out his pistol and shot King in the back of the head dictates a first-degree murder sentence.
Wippert reported referred to the tender age of his client 39 times in his closing statement to the jury. He contended that King’s quip to McInerney the day before he killed King, “What’s up, baby?”, was “the straw that popped the balloon,” and pushed McInerney to shoot him. Fox rebutted that King was just giving back something of the stress that he had experienced from McInerney and his clique as they bullied him for being different.
But would an average person take such umbrage at affectations and effeminate ways, even if aimed at such a person, that he would plan and shoot an unarmed person in cold blood? Prosecutor Fox said no. McInerney wasn’t acting as an average person. He was acting out his white supremacist schooling to kill a sub human, as reported by the Associated Press. He believed, Fox contended, that killing King was doing everyone a favor, and that he would be congratulated for doing it.
The jury will decide soon. No case of a hate crime killing against a gay person has drawn more attention since the murder of Matthew Shepard in Laramie, Wyoming in 1998. If the jury brings in a verdict of manslaughter, McInerney, who is now 17, may be eligible for release before he is forty. If they decide for first-degree murder, he may not see freedom before he is 57.
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August 26, 2011
Posted by unfinishedlives |
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Chatsworth, Los Angeles, California – Seventeen-year-old Brandon McInerney was not put on the stand by his defense team on Monday, the last day of testimony for the defense, in the closely watched trial of straight-on-gay teen murder. The Los Angeles Times reports that his chief attorney, Scott Wippert, told the court that McInerney declined to take the stand. Now that the defense has rested, closing arguments are expected to commence immediately. The facts of the case are not in dispute: McInerney, 14 at the time of the February 2008 homicide, killed his fellow eighth grade student, Lawrence Fobes “Larry” King, a gay, bi-racial 15-year-old, in their first period computer class at E.O. Green Middle School in Oxnard. McInerney’s defense hinges on a version of the discredited “gay panic” defense that has long been employed by defendants in cases of anti-gay murder. His defense team is gambling that they can create sympathy for McInerney by claiming he was in a severe “dissociative state” because of King’s gay mannerisms, dress, and affectation–that McInerney interpreted King’s speech, dress, and acts as “sexual harassment,” and killed him because of it. A psychologist for the defense testified that McInerney “snapped” at the time of the shooting, according to ABC News 7. When employed to justify the violence perpetrated by mature adults, the gay panic defense seeks to play on the latent fears of jury members to cloud the verdict they would otherwise render, or, barring that, to soften the punishment for the crime because of “mitigating circumstances” and “states of mind.”
The prosecution built its case on testimony and physical evidence of skin-head, Neo-Nazi and white supremacist loyalties McInerney held. The motive for McInerney’s deadly crime, the prosecution contends, was deep-seated hostility toward gays and transgender people. Prosecutor Maeve Fox pointed repeatedly to the premeditation it took the defendant to plan the slaying, conceal the murder weapon, restrain his attack until first period class was in session, and then shoot his victim not once but twice in the back of the head, execution-style. McInerney announced his intention to kill King well ahead of the deed, according to testimony rendered in court. Evidence of premeditation prior to the trial in large part caused a judge to rule that McInerney would be tried under California criminal law as an adult, even given his youth.
If the defense succeeded in convincing the jury that young Larry King was responsible for his own murder at the hands of an innocent, straight boy who snapped under the strain of “unwanted sexual advances,” then the gay panic defense will have a new lease on life in courtrooms throughout the United States where perpetrators will make the argument that their gay, lesbian, bisexual, and transgender victims in some sense “made them do it.” If, on the other hand, the prosecution turns aside this latest version of the gay panic defense, and convinces the jury that a murdered boy cannot be guilty of his own death, then the venerable and disreputable gay panic defense will be dealt a severe blow in American juris prudence.
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August 23, 2011
Posted by unfinishedlives |
Anglo Americans, Anti-Gay Hate Groups, anti-LGBT hate crime murder, Bisexual persons, Blame the victim, Bullying in schools, California, Character assassination, death threats, gay bashing, gay men, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, Lesbian women, LGBTQ, Neo-Nazis and White Supremacy, Perpetrators of Hate Crime, trans-panic defense, transgender persons, transphobia | Anti-Gay Hate Groups, anti-LGBT hate crime murder, Bisexual persons, Blame the victim, Bullying in schools, California, gay bashing, gay men, gay panic defense, gay teens, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, Lesbians, LGBTQ, perpetrators, transgender persons, transphobia |
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Brandon McInerney (left), and Lawrence Fobes "Larry" King (right)
Chatsworth, Los Angeles, California – The Advocate and the Los Angeles Times report that the trial of Brandon McInerney erupted in tears and rage as the courtroom proceedings entered their fourth week. Dawn Boldrin, former teacher of both boys, showed pictures she took of the lime green strapless chiffon dress she presented to 15-year-old Larry King. Ms. Boldrin, members of McInerney’s family, and many in the courtroom sobbed and shed tears as they saw the broad smile on King’s face as he held up the dress. Shortly after Larry King received the dress, just a matter of days, in fact, his classmate Brandon McInerney allegedly shot King to death execution-style in full view of dozens of other students and Ms. Boldrin, their first period teacher. The display of emotion proved too much for King’s parents. As the L.A. Times reports: “An infuriated Greg King, father of Larry King, stomped out of the courtroom. He returned a short while later and rounded up the entire King family to leave the courthouse for the day. As the group walked past Boldrin’s daughter and another relative, Larry’s mother, Dawn King, whispered an expletive to them.” On Friday morning, the presiding judge, Ventura County Superior Court Judge Charles Campbell, ruled that King’s mother would not be permitted to attend the trial any further because of her profane outburst the previous day. Later, outside the courtroom, King’s father told reporters that he became enraged at the emotional display on Boldrin’s part because he believed her to be a hypocrite, shedding what he termed “crocodile tears.” The Advocate quotes King as saying, “My son is dead and they’re crying? That’s the woman (referring to Boldrin) who gave him a dress after complaining that he shouldn’t be coming to school in makeup and boots!” By accentuating Larry King’s overt gender-outlaw behavior, and hyping the image of the dress, McInerney’s defense team is seeking to shift blame from their client to the dead gay student, suggesting that his alleged aggressive, sexualized overtures toward McInerney drove him to violence. In order to counter this subtle form of the outworn “gay panic defense,” the prosecution has portrayed the defendant as a violence-prone neophyte white supremacist who harbored deep anti-gay and anti-transgender biases. McInerney is being tried in the Chatsworth courthouse as an adult, even though he was 14 at the time of the murder. If he is convicted of the slaying, McInerney, now 17, could face 53 years to life in prison.
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August 1, 2011
Posted by unfinishedlives |
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Larry King (Newsweek graphic from "Young, Gay and Murdered")
Chatsworth, California – Larry King was murdered in cold blood in his first period computer classroom. As he unsuspectingly worked on a paper on World War II, his middle school classmate, Brandon McInerney, allegedly moved up behind him and shot him in the back of the head before the unbelieving eyes of dozens of students and Ms. Joy Boldrin, his teacher. Then McInerney, who had been a party to harassing Larry for months about his gender non-conformity, pointed the .22 pistol again and delivered a coup de grace to Larry’s ravaged head. In his landmark book,Unfinished Lives: Reviving the Memories of LGBTQ Hate Crimes Victims (Resource Publications 2011) , Dr. Stephen Sprinkle treats the King/McInerney story at length, exploring the backgrounds and struggles of both teenagers. In the chapter, “Baby Boys, You Stay On My Mind,” Sprinkle sets Larry’s murder in the context of other assassinations of femininely presenting boys of color throughout the United States in early 2008. Larry King fought back with the only power he had: his camp persona. Half African-American, he was small, gracile, and not nearly as strong as the gang of boys, the “Young Marines,” surrounding Brandon McInerney. Larry learned to flirt in order to push back against his harassers. By the time of his murder, Larry was a five-year veteran of bullying in schools. McInerney, though slightly younger than Larry, was cultivating a “cool” image with middle school girls–an image aided by his overt harassment of Larry, “the little fag.” Underneath the surface of McInerney’s “cool,” though, was a budding white supremacist, whose confused masculinity chose violence as a way to silence the boy who turned the tables on him. Almost from the moment Larry’s murder hit the newswire, journalists started digging for dirt on the young gender outlaw. Newsweek’s infamous article by Ramin Satoodeh labeled Larry a sexual aggressor in a blaze of controversial hot type. The Gun Lobby sprang into action to defend handguns. Larry’s partisans struck out at McInerney’s character, too. As Sprinkle details the journalistic feeding frenzy in the days following the murder, “these two boys were both abused by a media establishment determined to give a voracious public the news it was hungry to have: digestible pictures of a victim and his alleged killer to feed the insatiable American fascination with teen-on-teen violence.”
Opening arguments in the McInerney trial, now taking place after three years of legal wrangling over Brandon’s status as a juvenile or an adult, and a critical change of trial venue, are busy following the lead of the media. Larry is being portrayed as a maladjusted predator (at 15? How is this possible?), and McInerney is being painted as a first-degree murderer who planned homicide in large part because of his homophobia and transphobia. The defense is indulging in a what amounts to the gay panic defense that has been discredited in courtrooms throughout the nation. Behind the defense strategy is the amazing idea that any expression of sexuality on the part of a gender non-conforming person makes violence legitimate in response. Just as Sprinkle surmised, the trial is going to turn on whether Larry King can be put on the stand as the chief malefactor instead of the defendant. As Sprinkle says, “There is a stark difference between the boys that no media wizard can resolve. While Brandon remains alive and able to defend himself against the negative portrayals of his identity, Larry King cannot. He lost his voice in death” (Unfinished Lives, p. 284).
Unfinished Lives recounts in a chapter-length format the backstory of this, the most-publicized anti-LGBTQ hate crime murder since the slaying of Matthew Shepard in 1998. The book also tells the stories of thirteen other gay, lesbian, and transgender lives in these United States cut brutally short by unreasoning violence. Unfinished Lives will be an indispensable resource for anyone wanting to understand the McInerney murder trial for what it really is. To explore or purchase the book, go to http://www.amazon.com/Unfinished-Lives-Reviving-Memories-Victims/dp/1608998118/ref=sr_1_1?ie=UTF8&s=books&qid=1310064063&sr=1-1 or to https://wipfandstock.com/store/Unfinished_Lives_Reviving_the_Memories_of_LGBTQ_Hate_Crimes_Victims
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July 7, 2011
Posted by unfinishedlives |
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Brandon McInerney (l), Lawrence Fobes "Larry" King (r)
San Fernando Valley, California – The notorious execution-style murder of a 15-year-old, mixed race, gender variant student in his computer classroom made national headlines in February 2008–because his alleged murderer was barely 14. There has been no doubt about the facts of the case. Brandon McInerney allegedly shot his gender non-conforming classmate, Lawrence Fobes “Larry” King in the back of the head while his teacher and dozens of his horrified classmates looked on in disbelief. McInerney had breathed threats against King to other students prior to the shooting, and showed apparent premeditation by bringing his grandfather’s .22 pistol to the E.O. Green Middle School classroom. What has always been in dispute since the earliest reports of this heinous murder are the circumstances and state of mind that brought McInerney to the point of cold blooded murder. Students reported that Larry King, who was living at a specialized home for abused and abandoned youth, was blatantly non-conforming in matters of gender and sexual performance. King dressed in feminine clothing, wore high heels, and used makeup. He answered the bullying culture of Southern California middle schools with what some have called defiance and others have named authenticity. Larry King was “out,” and students in the Oxnard school he attended had problems with it. None had a stronger aversion to King’s being and style than young Brandon McInerney, who displayed irritation and anger around King, and later, when King apparently developed something of a personal attraction to him, decided that extreme violence was the only answer to his rage and fear. EDGE now reports that opening statements in the long-delayed trial of McInerney began Tuesday in a San Fernando Valley courtroom, rather than in Ventura County where the murder took place three years ago. McInerney’s attorneys delayed and argued that their client was a juvenile, that the judge was biased, and that McInerney could not get a fair trial in Ventura County. The defense team failed to keep their client out of court as an adult, and to force the judge to recuse himself or be removed. But they did convince the court to move the venue of the trial, and by a battery of stalling tactics, to postpone the trial as long as possible so that memories of King’s murder would have the chance to fade.
National media debated the wisdom of trying a 14-year-old from a broken home as an adult, even though California law clearly mandated that a 14-year-old should stand trial as an adult in cases of murder. Though the Golden State has some of the most progressive laws in the nation protecting LGBTQ residents, the atmosphere in schools throughout the state never has caught up with enlightened legal culture. Bullying of gender variant youth in elementary, middle, and high schools in California is as rampant as anywhere in the nation, as highly publicized cases like the King-McInerney case demonstrate. King was permitted to come out and live fully as a youth in gender transition. While some gender variant students adopted a cautious demeanor in school, King used his budding femininity as a badge of honor. Whether he had a genuine crush on McInerney during the Valentine season, or whether his actions and words were meant to make his classmate uncomfortable, we cannot really know. But the brute facts remain. King is dead. McInerney, who life has been forever changed by this murder, is still alive.
The case will be watched closely by legal experts and LGBTQ youth advocates throughout the United States. If the prosecution succeeds in making the 1st degree murder charge stick, McInerney could serve time in prison until his fifties. If the defense succeeds in minimizing the murder of Larry King, it will be because of a likely combination of delay, genuine reluctance to convict because of the youth of the defendant, and a well-orchestrated defamation of a slain little person with a big gender variant profile, as the Los Angeles Times is already reporting from attorney arguments on the first day of this landmark trial. Unfinished Lives Blog will follow the events of this courtroom drama closely.
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July 6, 2011
Posted by unfinishedlives |
African Americans, Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, Character assassination, death threats, gay bashing, gay panic defense, gay teens, gender identity/expression, Gender Variant Youth, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Media Issues, Perpetrators of Hate Crime, School and church shootings, Social Justice Advocacy, trans-panic defense, transgender persons, transphobia | African Americans, Anglo Americans, Blame the victim, Bullying in schools, gay panic defense, gay teens, gender identity/expression, gender non-comformity, Gender Variant Youth, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Media Issues, perpetrators, Social Justice Advocacy, trans-panic defense, transgender persons, transphobia |
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Michael Anderson: "Mucinex made me do it."
Hickory, NC – In one of the grisliest murders the local Catawba County Sheriff’s Department can recall, a teen roommate uses the gay panic defense to justify his alleged ax-and-shotgun murder of an older gay man. Michael Anderson, 19, of nearby King’s Mountain, is accused of murdering 38-year-old Stephen Starr at about 4:45 a.m. on Monday in the Hickory house they shared. The Hickory Daily Record reports that Anderson, claiming he “turned straight” during alleged sexual advances by Starr, shot him with a shotgun and pistol, carved words into his body and wrote some others with a pen, before lodging an ax in the victim’s stomach. “He shot his roommate and took an ax to him,” Catawba County Sheriff Coy Reid told the Daily Record. “It’s one of the nastiest crime scenes I’ve been to.” The words carved and written on Starr’s mutilated body were apparently so offensive that officials are not releasing what they were until the trial. Anderson announced the murder on his Facebook page between 4 a.m. and 5 a.m., asking God to forgive him, and claiming that no one would be able to take him alive. In a bizarre twist The Box Turtle Bulletin says is reminiscent of the infamous “Twinkie Defense” used to deflect blame for the murder of gay San Francisco Supervisor Harvey Milk by a straight rival on the board, Anderson claims that he took too many doses of Mucinex DM, an over-the-counter congestion medication. In a 911 recording released to the Daily Record on Tuesday, Anderson says that the pills “drove me mad”: “I Od’d on Mucinex DM. Dextromethorphan makes me feel a little weird and I took too many.” Anderson told the telecommunicator that he shot his roommate three times with a shotgun and pistol, then mutilated the corpse with an ax so brutally that Starr would not be able to be identified: “You’re not going to know who it is,” Anderson says on the recording. When asked why he killed his roommate, Anderson then says that it was because Starr was gay, and he was heterosexual. “I met [Starr] and went to his house and he took me in and I turned straight again. And he wanted to touch me and stuff and I wouldn’t let him, and he kept trying. And I waited until he went to sleep and then I shot him three times. And I mutilated him very badly and I’m sorry, I’m sorry. Oh God, please help me.” Starr had likened his relationship to Anderson as a parental one, according to his Facebook page. On February 6, Starr posted that he had a “new son,” a person he was trying to make a better human being. So, Anderson’s account of being picked up at a gay bar and molested seems not to square with Starr’s understanding of the relationship, neither does Anderson’s suggestion that the encounter with his older gay roommate was recent and brief. The two men apparently lived together for several days. As the case continues to sort itself out, it is well to remember that homophobia is a crooked phenomenon that erupts into violence in a variety of seemingly-irrational ways. It is also important to remember that Starr is unable to answer charges of sexual advances. News reports are carrying only allegations from the self-interested point of view of the alleged killer. The Unfinished Lives Team sees enough in this story to indicate that a possible anti-gay hate crime was committed by a desperate young man who is ready to blame over-the-counter cold medications and the victim for his actions, but not himself.
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February 16, 2011
Posted by unfinishedlives |
Anglo Americans, anti-LGBT hate crime murder, Character assassination, gay bashing, gay men, gay panic defense, gay teens, gun violence, Hate Crimes, Heterosexism and homophobia, Internalized homophobia, Law and Order, Mucinex defense, North Carolina, Perpetrators of Hate Crime, Slurs and epithets, Torture and Mutilation | Anglo Americans, anti-LGBT hate crime murder, Blame the victim, gay men, gay panic defense, gun violence, Hate Crimes, Heterosexism and homophobia, North Carolina, perpetrators, Slurs and epithets, Torture and Mutilation |
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Sprinkle at Cathedral of Hope, Dallas (Barb Nunn photo)
Out Impact, the Gay Online Magazine, has a feature news article on the work of the Unfinished Lives Project and its Director, Dr. Stephen V. Sprinkle, in its latest issue. Chrishelle Griffin, a graduate of Spelman College, carried out the interview with Dr. Sprinkle for Out Impact. In a portion of the Q & A, Griffin asked Dr. Sprinkle what he believes are the most glaring misconceptions about hate crimes against LGBTQ people. “Let me share two with you,” Sprinkle responded.. “The first is that LGBTQ hate crimes victims were engaging in ‘risky’ behaviors that contributed to their deaths. This is nothing but an internalized version of the old ‘gay panic defense’ that says we are somehow responsible for the victimization we suffer. I never met a gay hate crimes survivor who had a death wish,” Sprinkle said. “These women and men were simply trying to live what is normal for them. They were looking for love, seeking companionship, or whatever. Straight people do the same sorts of things all the time. We, however, live in a culture that makes our lives vulnerable—all of our lives, for every one of us. That is the message most of us never seem to get. As long as the majority culture permits some of us to be killed and maimed, every one of us is at risk.” Sprinkle then shared a further misconception that he wishes would be dispelled from the American mind: “Second,” Sprinkle went on to say, “the murders of LGBTQ people are not ‘tragedies.’ There is nothing tragic about murder. It is an outrage, a capital crime, an attack on the whole human race and the persons of the victims who are targeted, but not a ‘tragedy.’ People don’t get worked up over tragedies. They experience a catharsis from a tragedy, and then move on. Hate crime murder is a human horror perpetrated against some members of a group to terrorize the whole group. We must find our anger about this, so that we will act to stop these senseless hate crimes.” In response to Out Impact’s question, “Who pushes you to be better?” Sprinkle said, “Two groups of people motivate me to be better. The first group is made up of my students. I teach theology at Brite Divinity School, and the wonderful interaction I have with students continually pushes me to be better. The second group of people is made up of the family, friends, and lovers of the LGBTQ hate crimes victims I have met around the nation. Mothers, sisters, dads, children, co-workers, neighbors, broken hearted lovers: many of them have become “accidental activists,” shoved by circumstance into the glaring light of public advocacy because of the unspeakable horror they endured when hate took away someone dear to them. These are great Americans, and the notion of their courage keeps me going.” For the complete interview and a series of photographs illustrating the work of the project, go to: http://www.outimpact.com/activism/gay-rights/hate-crimes/steve-sprinkle-tackling-hate-crimes-lgbtq-community.
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September 14, 2010
Posted by unfinishedlives |
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Oxnard, CA – The Los Angeles Times reports that jurors must be imported to Ventura County from Santa Barbara County to insure a fair trial for a teenager accused of shooting his gay classmate to death. Brandon McInerney, now 16, was 14 in February 2008 when he allegedly shot his gay middle school classmate to death during a morning computer class at E.O. Green School in Oxnard. According to reports from eyewitnesses, McInerney walked up behind Larry King, 15, an openly gay person of color, aimed a pistol at the back of his head, and shot him twice. King lingered in hospital with no evidence of brain function, and died some time later. McInerney was charged with felony murder, and a judge in Ventura County determined he would stand trial as an adult. Though the youth of the defendant made the ruling controversial, there was enough evidence of planning and premeditation on McInerney’s part that justice demanded he stand trial as an adult. The pistol he allegedly used belonged to his grandfather. King was a gender non-conforming boy who wore women’s accessories, used make up, and affected a gay demeanor. He was living in a youth home because of trouble at home with his parents. McInerney, who also came from a difficult home life, was said by classmates to be macho and troubled by the openness of King’s sexual identity. Some claim that King had an obvious crush on McInerney, who took the attention badly. The case has drawn national attention for a variety of reasons, not the least of which is the youth of both boys. Conservative pundits have argued that the shooting was prompted by King’s aggressive sexualized behavior. LGBTQ activists have countered that no such evidence exists, and in any case nothing warrants the murder of a femininely presenting youth because of the discomfort of a classmate. Defense attorneys contended that their client could not receive a fair trial in Ventura County because of the extensive media coverage given the case. The Santa Barbara Independent reports that Ventura County prosecutors agreed that media saturation made it unlikely they could find an unbiased jury in their jurisdiction, but disagreed that the trial should be moved to another venue as the defense wished. Instead, jurors from Santa Barbara County will be imported to the trial which will still be held in Ventura County Superior Court. If McInerney is found guilty of first-degree murder with a hate crime sentence enhancement, he could conceivably be in prison for 53 years to life.
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September 3, 2010
Posted by unfinishedlives |
Anglo Americans, anti-LGBT hate crime murder, Blame the victim, California, gay panic defense, gay teens, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Law and Order, Perpetrators of Hate Crime, School and church shootings, trans-panic defense, transgender persons, transphobia | Anglo Americans, anti-LGBT hate crime murder, Blame the victim, gay panic defense, gay teenagers, harassment, Hate Crimes, perpetrators, transgender persons, transphobia |
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Stanzel (l), Cronauer (r)
Savannah, GA – The Chatham County District Attorney will not charge two U.S. Marines who gay bashed a man in June with a hate crime. EDGE reports that the Marines, Keil Cronauer, 22, and Christopher Stanzel, 23, will face misdemeanor battery charges in court on September 9. On June 12, a gay man, Kieran Daly, was assaulted, cursed for being gay, and left in a state bad enough that his friends administered emergency CPR to jumpstart his pulse. Cronauer accused Daly of “winking” at him, which the victim strongly denies. Stanzel allegedly delivered the blow to the back of Daly’s head, giving him a bruise on his brain. The blow is what the DA, Alicia Johnson, is calling “a punch,” and she cannot bring herself to move the charge from a misdemeanor to a felony since the victim had no “sustained injuries.” DA Johnson told the GA Voice that FBI agents had reviewed Daly’s medical records, and found “no merit” in categorizing the attack as a hate crime. “I can’t speak on the specifics because this is pending litigation, but for a crime to be considered a felony [which a hate crime is considered to be] there has to be proof of a sustained injury,” Johnson said. If convicted of misdemeanor battery, the Marines would face no more than a year in jail and a fine of no more than $1200. The state of Georgia has no statute protecting its LGBT residents from hate crimes. The key to prosecuting the Marines was always the implementation of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act that President Obama signed into law last October. The ruling of the FBI, coupled with the familiar reluctance of local law enforcement to prosecute anti-gay violence in Savannah, seems to have put the Marines out of the reach of justice for now. Both Marines were rushed from the Chatham County jail to the custody of military police shortly after being arrested in June. Georgia Equality and other allies of the LGBTQ community have rallied to protest this avoidance on the part of officers of the law charged to protect the community. As the Voice reports, numbers of LGBT activists and allies met in Johnson Square in the historic district of Savannah, Ga., back on June 20 to express their outrage over the alleged beating and to call for Georgia to pass a state hate crimes law. Now, the Executive Director of Georgia Equality Jeff Graham is calling for the Justice Department to revisit the crime, in hopes that the attack will finally be ruled a hate crime. “I’m very concerned this happened in the first place. But these misdemeanor charges are outrageous,” Graham said. “And then to turn [the Marines] over to the military police is a miscarriage of justice.” The LGBTQ community in Savannah is questioning at what point can an attack on a person because of perceived sexual orientation be considered a hate crime. Does it take two blows? A maiming? God forbid, a murder?
32.709632
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September 2, 2010
Posted by unfinishedlives |
Anglo Americans, Anti-LGBT hate crime, Beatings and battery, Blame the victim, FBI, gay men, gay panic defense, Georgia, harassment, Hate Crimes, hate speech, Heterosexism and homophobia, Law and Order, Legislation, Matthew Shepard Act, Perpetrators of Hate Crime, Protests and Demonstrations, Slurs and epithets, Social Justice Advocacy, U.S. Marines | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, Blame the victim, FBI, gay men, gay panic defense, Georgia, Hate Crimes, hate crimes legislation, Heterosexism and homophobia, Matthew Shepard Act, perpetrators, Protests and Demonstrations, Slurs and epithets, Social Justice Advocacy, U.S. Justice Department |
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(l to r) Hernandez, Winder - photo courtesy of Dallas Voice
Dallas, Texas – The Dallas Voice reports that the mother of murdered gay man, Richard Hernandez, will never see justice done for her son. Richard’s mother, Mary Garcia Hernandez, died this week, before the alleged hate murderer of her son was brought to trial. John Wright of the Voice posted the full letter of Rudy Araiza, close friend to the Hernandez family, informing the public of Mrs, Hernandez’s death on August 23. Hernandez, a 38-year-old gay man who worked as an Associate at Walmart, was gruesomely dismembered and eviscerated by his attacker in what has been described as a “Silence-of-the-Lambs” style slaying in September 2008, as reported by Unfinished Lives. Hernandez’s body has never been found, but his internal organs were discovered in his own bathtub when the apartment superintendent admitted police in an attempt to find him. Seth Lawton Winder, 29, was arrested and charged with theft and capital murder by the Dallas Police Department shortly after the horrific murder. In a widely publicized debate in the press and the blogosphere, Winder was said by family and friends to be unfit mentally to stand trial because of a host of mental problems. Others sought to blame Hernandez for his own murder, suggesting that Winder was tricking for money or drugs, and killed his john. No supporting evidence has been brought forward to substantiate what amounts to a permutation of the rather shabby “gay panic” defense. Friends and supporters of Hernandez deny an allegation that he was sexually involved with Winder, whom Hernandez had tried to help, according to neighbors and co-workers. Winder was adjudged fit to stand trial for the murder, but then a book, “Slipping Into Madness: The Seth Winder Story,” was published by Winder’s father’s girlfriend that would potentially prejudice the public prior to Winder’s day in court. The delays and stalling have seemed never ending for nearly two years. Rudy Araiza wrote the Voice, in part: “Well I’m witting this letter to just reach out to you and inform you that it’s a terrible thing when your son’s passing is still at a point where no justice has been made for going on two years. And in your own life (Richard’s mom) you are struggling with pain, sadness, emptiness and health problems that don’t make it any easier to live with, until one day you die. Only to never really understand or find the justice you wanted for your son, yourself, friends or family, and having so much on your plate. Mary Garcia Hernandez passed away Monday, Aug. 23, 2010 from health issues she was dealing with.” The Unfinished Lives Project Team thanks the Voice and Reporter John Wright for continuing coverage of this important story, and sends our sympathy to the Hernandez family in their mother’s death. In the words of Dr. Martin Luther King, Jr., “Justice too long deferred is justice denied.”
32.709632
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August 25, 2010
Posted by unfinishedlives |
Anglo Americans, anti-LGBT hate crime murder, Character assassination, Decapitation and dismemberment, Evisceration, gay men, gay panic defense, Hate Crimes, Latino and Latina Americans, Law and Order, Perpetrators of Hate Crime, Texas | Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Dismemberment, Evisceration, gay panic defense, Hate Crimes, Latino / Latina Americans, Texas |
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