Unfinished Lives

Remembering LGBT Hate Crime Victims

Transgender Protection Passes in Dallas County!

Rafael McDonnell celebrates the passage of full Transgender protections for Dallas County Employees on the steps of the County Administration Building. Dr. Stephen Sprinkle of Brite Divinity School is to his right. (c.d. kirven photo)

Dallas, Texas – By a vote of 3 to 2, the Dallas County Commissioners Court passed employment protection for Transgender people who work for the county.  After a five-week struggle, both sexual orientation AND gender identity and expression are now protected classes under the law for the county’s approximately 7,000 workers. According to the Dallas Voice, the vote of 3 in favor of Court Order 21, and 2 opposed fell along party lines, with Democrats Judge Clay Jenkins, John Wiley Price, and Dr. Elba Garcia in the majority, and Republicans Maurine Dickey and Mike Cantrell in the minority.

Though the Commissioners Court voted to include sexual orientation as a protected class in March of this year, advocates in the LGBTQ community called for a fully inclusive protection statute in the county, specifically naming gender expression and gender identity. Rumors swirled for the last two weeks, because what seemed to many as an obvious move on the part of county commissioners was thrown into doubt when open opposition on the political and religious right wing began to be voiced.  As late as this morning, LGBTQ leaders were warned that there would be vocal opposition to the inclusion of Transgender people in the statute, and to expect it to get “loud and nasty.” The courtroom braced for a strong debate, as citizens took up every seat, and many stood along the walls, waiting for the main event of the agenda, Court Order 21. Speakers rose to the podium for a full half hour, the amount of time allocated by the court for speakers to any issue. The commissioners extended the time to accommodate all who had registered in advance to speak to the issue.  Not a single speaker spoke in opposition to the proposal. Speeches in favor of the passage of Court Order 21 were clear, well-reasoned, respectful, and firm, all calling for justice to be done and equality to be extended to everyone in Dallas County.  Ms. Rebecca Solomon, Banking Officer for Bank of America in Dallas, appealed to the business sense of the court, reminding them of the many Fortune 500 companies in Dallas County that have full gender expression and gender identity protections in their Human Resources regulations. She said, “As a transgender person, I have vowed never to work in an environment in which my economic security is at risk because of who I am.  Dallas County needs to catch up with the rest of the country.”  Attorney Cece Cox, Executive Director of the Resource Center of Dallas, reminded the court that the issue before them was one of workplace fairness, and should not be swayed by beliefs that disapproved of classes of people.  Jesse Garcia, longtime Latino gay leader in the city and county, spoke out passionately for justice to be done, and for full inclusion of Transgender people under the law. African American lesbian leader, c.d. kirven, invoked the years of struggle LGBTQ people have endured in this country and in North Texas, saying that it was time for the “war” on people of difference in this culture to be over. Patti Fink of the Dallas Gay and Lesbian Alliance (DGLA), said that it was time for the commissioners to exercise leadership on this issue, and vote for equality. Dr. Stephen Sprinkle of Brite Divinity School, Theologian-in-Residence of the Cathedral of Hope in Dallas, concluded the speeches of the day, arguing that progressive religious communities fully supported equality, justice, and inclusion for all, and stated, “God created all, male and female, in the image and likeness of the divine. My interpretation of the book of Genesis on this matter suggests that Transgender people are at the heart of God’s love and God’s will, and are fully included when God pronounces the whole of creation ‘very good’ at the conclusion of the divine work.” He continued, “I look forward to the honorable members of this court doing the right thing, the just thing, and voting ‘Yes’ on Court Order 21.”

As dozens of Transgender men and women held their breath, Commissioners Dickey and Cantrell announced their intentions to vote ‘No’ on the proposal.  Dr. Elba Garcia said she was voting in favor of full inclusion, calling it an act of “justice,” and a step toward catching up with the rest of the world. John Wiley Price, citing medical advice he had sought out, agreed with Dr. Garcia that this vote was about doing the right thing.  He called the question, and Judge Clay Jenkins counted the votes necessary to make Transgender protections a reality for the many gender variant people who serve the county. A roar of approval rose from the crowd in the courtroom, and the celebration continued outside on the steps of the Dallas County Administration Building.  Rafael McDonnell, who tirelessly worked for passage of the court order, exuded joy as he thanked all the supporters and the county commissioners who made today’s victory for equality a reality.  The vote will have impact across Texas and the nation, given the leading position the Lone Star State holds in size and reputation as a conservative bastion. Dallas County is now ranked the ninth most populous county in the United States at over 2,400,000 people. It now joins Texas municipalities such as Dallas city, El Paso, Austin, and Houston in full protection for both sexual orientation, gender identity and gender expression for employees.

April 26, 2011 Posted by | African Americans, Anglo Americans, Bisexual persons, Brite Divinity School, Dallas Commissioners Court, Dallas County Texas, Dallas Gay and Lesbian Alliance, gay men, GLBTQ, Latino and Latina Americans, Latinos, Lesbian women, Politics, Resource Center of Dallas, Social Justice Advocacy, Texas, Transgender Equality, transgender persons | , , , , , , , , , , , , , , , , , , , , | Comments Off on Transgender Protection Passes in Dallas County!

Second Man ID’ed in Austin’s Lesbian-Related Double Murder

Norma Hurtado (l), and Maria Hurtado, daughter and mother, slain on Monday.

Austin, Texas – Austin police have identified a second man involved in Monday night’s double murder of a lesbian athlete and her mother in Southeast Austin. KXAN reports that authorities made the announcement on Wednesday, and are currently trying to decide the role this second suspect played in the brutal shooting of the two women by José Alfonso Aviles, disgruntled father of the lesbian’s teenaged girlfriend. Both Norma Hurtado and Maria Hurtado, 24 and 57 respectively, died in the attack.  Aviles was infuriated about the same-sex dating relationship his daughter had with Ms. Hurtado, and had threatened both Ms. Hurtado and her family with harm prior to the double homicide.  As police reconstructed the killing, Aviles and the second suspect drove to the Hurtado home on Monday evening, knocked on the door of the residence, and as Ms. Hurtado and her mother answered the door, Aviles allegedly opened fire. Both suspects then fled into the night. At the time of the attack, Ms. Aviles, daughter of her lover’s assailant, was in the back of the Hurtado residence and heard the shots fired. She discovered the bodies on the floor, and called 911. Both daughter and mother were pronounced dead at the scene. José Aviles fled to the San Antonio area where U.S. Marshals arrested him on Tuesday.  He has been charged with capital murder, and is being held in the Bexar County Jail without bond.  We Are Austin reports that friends gathered at the Hurtado home Tuesday evening to comfort each other and to remember the slain women.  Norma Hurtado was a renowned soccer player in the Millennium League, and was considered one of its best players.  On Thursday, April 21, a Community Candlelight Vigil in memory of the slain women is planned at the offices of OutYouth, 909 East 49 1/2 Street in Austin, beginning at 8 p.m.  The public is encouraged to attend. Speaking on behalf of the faith communities of Austin, Rev. Karen Thompson, senior pastor of the Metropolitan Community Church of Austin, decried the attack prompted by a father’s anger at the lesbian relationship between Ms.Hurtado and Ms. Aviles. “It is always, always heartbreaking when ignorance and hatred lead to this kind of violence,” she said. “But today, on this Thursday of Holy Week, the heartbreak and sadness are multiplied by a terrible irony. As our GLBTQ brothers and sisters gather together to mourn two more senseless deaths, Christians all over the world will be gathering to observe Maundy Thursday. Maundy Thursday, the day on which our tradition holds that Jesus had a last supper with his disciples and gave them a new mandate, ‘A new commandment I give you, that you love one another.'”

April 21, 2011 Posted by | anti-LGBT hate crime murder, Austin Police Department, death threats, gay bashing, gay teens, Gender Variant Youth, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Latinos, Law and Order, Lesbian women, multiple homicide, Perpetrators of Hate Crime, Remembrances, Texas, Vigils, women | , , , , , , , , , , , , , | Comments Off on Second Man ID’ed in Austin’s Lesbian-Related Double Murder

Lesbian Lover and Mom Shot Dead by Girlfriend’s Enraged Father

Lesbian murder victim, Norma Hurtado

Austin, Texas – A lesbian and her mother were gunned down in Southeast Austin Monday evening by a teenager’s father, furious over his daughter’s queer relationship.  Norma Hurtado, 24, and her mother, Maria Hurtado, 57, were shot to death in their home, while Norma’s 18-year-old lover, the gunman’s daughter, was in the back of the house.  José Alfonso Aviles, 45, and an unidentified second man, allegedly knocked on the door of the Austin residence in the 7100 block of Dixie Drive, and when the Hurtados answered the door, Aviles opened fire.  Witnesses told police they saw two men flee the scene in a Nissan. Both Norma and Maria were killed in the hail of bullets. Aviles was apprehended in the St. Hedwig section of San Antonio on Tuesday where he surrendered to officers of the Lone Star Fugitive Task Force.  An investigation of a green Nissan turned up a pistol thought to be the murder weapon. Aviles has been charged with capital murder and is being held in the Bexar County Jail without bond.  Details of the murder are slowly coming to light as the investigation proceeds. Norma Hurtado and the Aviles girl (whose name is not being released ostensibly because of her age) had been in a dating relationship for several months, much to the chagrin of Aviles.  According to an arrest affidavit made available to KVUE News, witnesses testified to police that Aviles had threatened Norma Hurtado and her family over the lesbian relationship. Lt. Gena Davis of the Austin Police Department told KVUE, “We do know that the father had threatened harm toward Norma previously. This has been a dispute between these two individuals and subsequently we have suffered a horrific act of violence in our community.”

The Dallas Voice broke the story in North Texas.  The Austin Police have not classified this case as a hate crime. Reporter John Wright opined that though Austin has a lesbian District Attorney, she is unlikely to pursue a hate crime angle in the double homicide.  Although Texas has a hate crime statute on the books that lists “sexual preference” as a protected class, it offers no sentence enhancement in cases of capital murder.  Texas is notorious for leaving its gay/lesbian hate crimes law uninvoked in seemingly obvious cases of homophobia such as this one.  Texas D.A.’s reason that the hate crimes law raises the bar of proof, burdening a prosecutor who is likely going for the death penalty anyway. An attempt is being made to tamp down the story, reminiscent of other LGBTQ hate crimes investigations where the authorities want to minimize the sexual orientation motive for a murder that otherwise bears all the classic marks of an anti-lesbian honor killing.  Your News Now (YNN) reports APD’s Lt. Davis as saying, “This was a very isolated incident. There is no fear to the community.” Austin, long considered “safe” for LGBTQ people, has in recent months experienced a spate of anti-gay and lesbian violence, including attacks on gay softball players and on gay community leaders outside popular gay bars. The nature of murder aimed at lesbians and gay men by straight killers may seem “isolated” as the police wish to portray it, but the brutality, rage, and callousness of the crimes bespeak a message to the whole LGBTQ community of Travis County and Central Texas. The Unfinished Lives Project Team would be very surprised if lesbians and gay men in Austin are buying the line the APD is trying to sell them.  Austin is no longer safe and secure for its LGBTQ population.

April 20, 2011 Posted by | anti-LGBT hate crime murder, Austin Police Department, death threats, gay teens, gun violence, Hate Crimes, Heterosexism and homophobia, home-invasion, Latino and Latina Americans, Law and Order, Legislation, Lesbian women, multiple homicide, Perpetrators of Hate Crime, Texas, women | , , , , , , , , , , | 1 Comment

Family of Bullying Victim Sues Joshua (TX) ISD

Jon Carmichael, 13-year-old bullying victim who was told "No one cares if you live or die."

Joshua, Texas – A year after their 13 year-old son, Jon Carmichael, succumbed to bullying and hanged himself in his family’s barn, Jon’s parents are suing the Joshua Independent School District in federal court.  According to the Dallas Voice, the suit contends that R.C. Loflin Middle School officials covered up months of cruel bullying victimizing their son, targeting the youth because he was smaller than his classmates, and was perceived to be weak.  The bullying Jon suffered got so far out of hand that just before he took his own life, he was forced to strip naked, was tied up, and was then crammed into a trash can. The attack was video taped, and put up on YouTube, but a school official ordered it to be taken down, and did not report the brutal bullying attack to anyone else, according to the allegations in the lawsuit. Other incidents included Jon being being tossed into a dumpster.  On the day Jon took his life, the lawsuit alleges that he told a female classmate he was going home to kill himself, and she responded by saying that he should go ahead and do it, since no one cared whether he lived or died.  The Fort Worth Star-Telegram reports that the complaintants’ attorney, Martin Cirkiel of Round Rock, accuses the school system of more than neglecting to enforce school policies like never leaving children unsupervised in gym class, but of “an actual practice and custom of looking the other way.” The suit is asking for damages compensation for young Carmichael’s estate and heirs.  The Superintendent of the Joshua School District said that he would not comment on the suit, since he had not had the chance to read it yet.  Carmichael’s family were among the many who converged on Austin last week to call upon the Legislature for a comprehensive state law banning bullying in Texas schools.  Joshua is a town of 4,500 near Cleburne, Texas, south of the Dallas/Fort Worth Metroplex.  The Joshua Independent School District has eight campuses, one of which is the Loflin Middle School.

March 29, 2011 Posted by | Anglo Americans, Blame the victim, Bullying in schools, Hanging, harassment, Hate Crimes, Law and Order, Legislation, Social Justice Advocacy, Texas | , , , , , , , , , | 3 Comments

Unfinished Lives Book Debuts in DC and Dallas

Interfaith Peace Chapel on the Campus of Cathedral of Hope, Dallas, Texas

Washington DC – Unfinished Lives: Reviving the Memories of LGBTQ Hate Crimes Victims, made its debut at the annual meeting of the Forum on the Military Chaplaincy this past Friday. Dr. Stephen Sprinkle will kick off a series of book signing events nationally, beginning with a lecture, panel discussion, book signing and reception at the Interfaith Peace Chapel on the campus of the Cathedral of Hope in Dallas, Texas, next Sunday, March 27. The Cathedral of Hope, a congregation of the United Church of Christ, is the world’s largest LGBTQ-predominant faith community. Members of the Forum on the Military Chaplaincy, meeting at the headquarters of the Human Rights Campaign in Washington, received the book with enthusiasm. Dr. Sprinkle was a guest at the 19th Annual Servicemembers Legal Defense Network Dinner, held at the National Building Museum on F Street. A stellar gathering of LGBTQ heroes and their allies celebrated the Repeal of Don’t Ask, Don’t Tell, and honored two mothers of gay servicemembers who were murdered because of their sexual orientation. Dorothy Hajdys-Clausen of Chicago Heights, Illinois, the mother of slain sailor Allen R. Schindler, and Pat Kuteles of Kansas City, Missouri, mother of murdered soldier Barry Winchell, were given a standing ovation.  A chapter on Schindler, “Hell to Pay on the Belleau Wood,” is in Unfinished Lives, and Winchell has been featured in this blog repeatedly. A panel discussion is planned for the March 27th book signing event at the Interfaith Peace Chapel in response to a short lecture by Dr. Sprinkle.  Dr. Keri Day, Assistant Professor of Theological Ethics and Director of Brite Divinity School’s Black Church Studies Program, Pastor Alex Byrd of Living Faith Covenant Church of Dallas, and Colonel Paul Dodd, U.S. Army  Chaplain (Ret) of Austin will be on the panel. The event is scheduled from 3:30 until 5:30 pm.  Dr. Sprinkle will be signing his book following the 9 am and the 11 am services at the Cathedral that morning in the Sources of Hope Bookstore. Cathedral of Hope is located at 5910 Cedar Springs Road in Dallas. For more information about the book signings on Sunday, March 27, contact Sue Schrader at sschrader@cathedralofhope.com, or Brian Parman at bparman@cathedralofhope.com.

March 20, 2011 Posted by | anti-LGBT hate crime murder, Cathedral of Hope, Forum on the Military Chaplaincy, gay men, Hate Crimes, Heterosexism and homophobia, Human Rights Campaign, Human Rights Campaign Religion and Faith Program, Illinois, Lesbian women, military, Military Chaplaincy, Missouri, Remembrances, Servicemembers Legal Defense Network, Social Justice Advocacy, Texas, transgender persons, transphobia, U.S. Army, U.S. Navy, Unfinished Lives Book Signings, Washington, D.C. | , , , , , , , , , , , , , , , , , , , | Comments Off on Unfinished Lives Book Debuts in DC and Dallas

Houston Churches Break Cycle of Gay Hate: “Bring Your Gay Teen to Church Sunday,” Feb. 20

Houston, Texas – When school bullying drove 13-year-old Asher Brown to take his own life on September 23, the horror and despair of so many LGBTQ youth was laid bare for Houston to see. LGBTQ teen suicide, a crisis for any society, hit leaders of Houston’s gay-affirming religious communities particularly hard. Now, the Houston Chronicle and the Dallas Voice report that 22 area churches are doing their part to break the cycle of religion-based negativity toward homosexuality by inaugurating “Bring Your Gay Teen to Church Sunday” this week.  On Sunday, February 20, churches from a broad range of traditions make it public that their doors and fellowships are fully open and affirming of LGBTQ youth, their families, and loved ones. The connection with the suicide of young Asher Brown is important, since at the time public rallies and memorials in his memory were taking place, the visual absence of churches, synagogues, temples, and mosques was telling. Surely hundreds of people from faith communities attended these public memorial events, but there was no organized presence on the part of religious communities–a glaring absence that communicated a message of neglect or disapproval that concerned religious leaders are eager to dispel. The Houston Chronicle details grim statistics about how religion is perceived to reinforce LGBTQ youth attitudes of alienation from faith communities. The Chronicle reports that a recent survey by the Public Research Institute showed that less than 20 percent of Americans believe faith communities do a “good job” on the issues of homosexuality and gender expression. Almost half of those surveyed said that the religious message on the topic was “negative,” and fully 40 percent said that the intolerant attitudes of religious communities contributed “a lot” to the disapproval and condemnation of LGBTQ people in this country. The most damning statistic associated with these issues referred to teen LGBTQ suicides: two out of three Americans in the survey said that religion contributed heavily to increasing rates of suicide among gender non-confroming, queer, and gay youth. Robert P. Jones, executive officer of the Public Research Institute, underlined the long history of anti-LGBTQ messages coming from America’s houses of faith: “Religious Americans historically have had negative attitudes about gays and lesbians.” In response to the crisis of teen despair in public and private schools in the metro area, the Houston Clergy Council devised “Bring Your Gay Teen to Church Sunday” as a means of getting out the word that God and the faith community do not hate, reject, or despise LGBTQ youth–quite to the contrary, these affirming churches welcome gender non-conforming people and their families every day.  The masthead of the Facebook page announcing the project reads, “Is your teenager Gay, Lesbian, Bisexual, Transgender, a Questioning (GLBTQ) teen? Bring your teen to one of these affirming churches, and rest assured we won’t try to ‘fix’ them. We think they are awesome just the way they are!” The list of churches is impressive, including historic mainline denominations (Episcopal, United Church of Christ, Lutheran, and United Methodist), non-denominational communities, the Society of Friends (Quakers), Unitarians and Universalists, and the largest Metropolitan Community Church in the world.  There is even a lone courageous Baptist church with an open and affirming stance. The struggle with religious intolerance and hate speech from pulpits in Houston and around the nation will go on for a long time. Thousands of congregations in the Houston metro area deny the acceptability of homosexuality and gender non-conformity, declaring queer youth sinful or worse. But a cadre of deeply committed faith leaders and their communities are determined to get out the word in America’s fourth largest city that sexual minority youth are acceptable to God, and most certainly to them.  “Bring Your Gay Teen to Church Sunday” is tomorrow, February 20.

February 19, 2011 Posted by | Bisexual persons, Bullying in schools, gay men, gay teens, gender identity/expression, Gender Variant Youth, harassment, Hate Crime Statistics, Hate Crimes, hate crimes prevention, hate speech, Heterosexism and homophobia, Houston Clergy Council, Internalized homophobia, Lesbian women, LGBT teen suicide prevention, LGBTQ suicide, Popular Culture, Public Theology, religious hate speech, religious intolerance, Remembrances, Social Justice Advocacy, soft homophobia, suicide, Texas, transgender persons, transphobia | , , , , , , , , , , , , , , , , , | Comments Off on Houston Churches Break Cycle of Gay Hate: “Bring Your Gay Teen to Church Sunday,” Feb. 20

Osteen Broadcasts Fundamentalist Homophobia on CNN

Joel Osteen, best-selling author and religious entertainer, says “Homosexuality is a sin” in an interview with Piers Morgan which will air on Wednesday, January 26.  “Piers Morgan Tonight” previewed the Wednesday interview two days early in which Osteen, the pastor of mammoth Lakewood Church in Houston, Texas, toes a fundamentalist, homophobic line on the interpretation of the Bible. In response to Morgan’s questions about his condemnation of LGBTQ Americans, Osteen retreats into the same literalist interpretation of a very few passages of scripture that right wing preachers have used to bash gay people for generations:

MORGAN: Say a friend of mine like Elton John watching this at home, who with his partner – a civil partner, David Furnish – have just had a surrogate child which was born on Christmas day. They’re going to be pretty angry what they hear. They’re going to think who are you to call them a sinner.

J. OSTEEN: Yes.

MORGAN: But why are they sinners in your eyes?

J. OSTEEN: Well, it’s strictly back to what the scripture says. I mean, I can’t grab one part and say God wants you to be blessed and live an abundant life, and not grab the other part that says, you know what? You know, live that kind of life. So it comes back to the scripture. I’m not the judge. You know, God didn’t tell me to go around judging everybody.

Osteen tries to have it both ways in the interview with Morgan. Though he clearly condemns gay and lesbian people for parenting children, seeking marriage in monogamous relationships, and for forming same-sex loving families, Osteen claims that he is not a “gay basher.”  The distinction will surely be lost on queer folk and their families when the widely popular preacher has just clobbered them with the Bible.  “The scriptures shows that it’s a sin,” Osteen says to Morgan in the CNN interview. “But you know, I’m not one of those that are out there to bash homosexuals and tell them that they’re terrible people and all of that. I mean, there are other sins in the Bible too…I don’t believe homosexuality is God’s best for a person’s life.”  Osteen has repeatedly peddled his own brand of “soft homophobia” as recently as November 2010 on television shows like ABC’s “The View,” as previously reported by the Unfinished Lives Project. Osteen betrays a simplistic form of Bible reading and interpretation that begins from a heterosexist and homophobic set of beliefs alien to the vast majority of reputable scholars and Bible teachers throughout the world. The Houston mega-church preacher apparently relies on a literalistic, legalistic reading of two texts in the entire Bible to arrive at his claim that God considers homosexuality a “sin.”  In the Hebrew Testament, only two passages in the priestly code of Leviticus (selected verses in Leviticus 18 and 20), and one primary text from Paul’s letter to the Romans which is actually about idolatry and not homosexuality in any modern sense (Romans 1:26-28) are available to Osteen and his ilk to make such a universally condemnatory argument against a marginalized group of people. The consensus of progressive and moderate Jewish and Christian biblical scholars is that fundamentalist interpretations of these passages are off base at best, and dangerous at worst. Opinions driven by cultural bias and read back into the Bible such as Osteen’s have proven to be used to justify their religious intolerance and violence by those who attack LGBTQ people both verbally and physically. For a responsible and accessible book on the Bible that teaches biblical respect for LGBTQ people, see Dr. Peter J. Gomes, “The Good Book.” While Osteen seems to think he can appeal to his conservative base with condemnatory statements like those on “Piers Morgan Tonight,” and at the same time soften his rhetoric enough to convince the gullible that he is the very nicest of gay bashers (so they can be “nice” gay bashers, too!), his use of the Bible is irresponsible, uninformed, and contributes to the suffering of millions of people whose only offense is whom they love.

January 25, 2011 Posted by | bi-phobia, Bisexual persons, CNN, Elton John, gay bashing, gay men, harassment, Hate Crimes, hate speech, Heterosexism and homophobia, Lakewood Church, Lesbian women, Media Issues, Perpetrators of Hate Crime, Peter J. Gomes "The Good Book", religious hate speech, religious intolerance, soft homophobia, Texas, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , , | 4 Comments

Alleged Hate Rapist of Terlingua Teen Out On Hush-Hush Bail

(images courtesy of Towleroad)

Brewster County, Texas – An alleged rapist and kidnapper of a gender non-conforming 18-year-old boy was quietly released on bail in Big Bend Country before the Christmas holidays. The Unfinished Lives Project has learned that Daniel Martinez, 46 at the time of the alleged kidnapping and rape of a Terlingua teen in December 2009, was granted release on bail by Alpine Judge and Justice of the Peace Jerry Sotello on December 20, 2010. According to the report of Clarence Russeau, an educator and community organizer in Alpine, the accused rapist was granted bail of $20,000 for each of three counts: kidnapping, aggravated assault, and arson. The victim was not notified by the court, the justice of the peace, or District Attorney Jesse Gonzales Jr. that Martinez had been released from jail, and he only found out the news in the first week of January from counselors associated with the Family Crisis Center of the Big Bend. According to most recent reports, the second accused assailant, Kristopher Buchanan, 27 at the time of the rapes, is still being held in jail pending court action, though his name appears nowhere on a docket.  As Unfinished Lives has reported, the young victim who was kidnapped from the Boat House Bar, was allegedly spirited out to a remote desert residence by Martinez and Buchanan, where his car was torched and he was repeatedly raped by the pair until he escaped three miles on foot through rugged terrain wearing no more than pajama bottoms, a torn tee-shirt, and flip-flops with no socks in freezing temperatures. Sources in Alpine say that the deteriorating health of Martinez was given as an excuse for the release. Martinez reportedly has suffered two heart attacks in jail since his arrest, and one source said that Martinez’s short life expectancy prompted the leniency of officers of the court. Martinez has been ordered to appear before the court monthly to establish that he has not absconded, but the proximity of Brewster County to the U.S.-Mexico border casts doubt on the wisdom of the decision to let an untried defendant go. The porous border around Terlingua has become an issue of national concern in recent years, and surreptitious travel back and forth across the Rio Grande in the desolate Big Bend country is a regular occurrence. Close observers of District Attorney Gonzales and the local courts have voiced concerns about Buchanan’s situation, as well. Buchanan’s name has been dropped from the January court docket. In the recent past, DA Gonzales has surprised plaintiffs and the public by making sudden plea bargain deals with defendants whose names, like Buchanan’s, had been dropped from the docket of the court. Since Buchanan faces three charges courts in two other counties, Terlingua citizens fear that he may be seconded to those jurisdictions in a sort of judicial shell game, postponing a trial in Brewster County for months and years to come. The inside game being played by court officials and law enforcement in Brewster County and the 83rd Judicial District of Texas seems to have unreasonably stalled justice for a young man who has suffered sexual assault, kidnapping, and destruction of his property, all because he was perceived to be gay. Does the safety and security of gender non-conforming youth mean anything to officers of the court in the largest county in Texas?  Does it take a hate crime murder to motivate the legal system in Deep South Texas to take sexual assault against minors seriously?  Where is justice, a right to a speedy trial, and the rule of law in Big Bend country?  It is hard for us in the Unfinished Lives Project Team to see any sufficient rationale for denying Martinez and Buchanan their day in court for so long, and for leaving a youth harmed so grievously in limbo for well over a year.

January 21, 2011 Posted by | Anglo Americans, Anti-LGBT hate crime, Brewster County Texas, gay teens, Hate Crimes, Heterosexism and homophobia, Kidnapping and sexual assault, Latino and Latina Americans, Law and Order, Perpetrators of Hate Crime, rape, Terlingua, Texas | , , , , , , , , , , , | 3 Comments

Another Delay in Notorious Dallas Gay Dismemberment Trial

Seth Winder, charged with the dismemberment of gay Latino, Richard Hernandez

Dallas, Texas – The first-degree murder trial of Seth Winder, charged with the grisly dismemberment of openly gay Dallasite, Richard Hernandez, has been postponed for another four months, according to reports received from the Dallas Voice. Winder was finally to stand trial on January 24 for the September 2008 slaying of the gentle, well-liked Hernandez, a resident of North Dallas who worked as an Associate for Wal-mart. The Denton County District Attorney’s Office announced the delay of trial until May 23, in response to the petition of Winder’s defense attorney, Derek Adame. This postponement of the trial date puts the commencement of justice for Richard Hernandez to a full two-and-a-half years since the visceral organs of the victim were discovered in his apartment bathtub.  The Voice notes that the May trial date itself is considerably in doubt at this point.  The events following the arrest of Seth Winder for the murder of Hernandez are a case study in the muting of a Latino gay murder in the Southwest. The forensic details of the crime are gruesome in the extreme. Though the sensational aspects of a dismemberment seem to lend themselves to media and LGBTQ community attention, a strange pall has fallen over this story for years. Dallas-Fort Worth television and radio news are filled with regular stories of mayhem, yet this bloody, outrageous crime has received relatively little attention in local media, with the exception of coverage by the Dallas Voice. Controversy has dogged this story since its inception. Winder, arrested with blood-stained evidence in his possession, has been variously described as mentally disabled and homicidal, even by his own family. Winder’s father’s girlfriend, Karen Dilbeck, threw a spanner in the works by authoring and publishing a book-length account of the crime and a pastiche of her husband’s mental state at the time of the murder. Because of a spate of publicity that might have affected a trial, justice was postponed in the wake of the book’s publication. Psychological experts have pronounced on Winder’s capacity to understand right and wrong, and his ability to stand trial for the murder. Friends of Hernandez have repeatedly called on officials to bring the case to a speedy trial, contending that Winder knew what he was doing when he allegedly cut his victim to pieces. A&E’s The First 48 attempted to revive interest in the story, but failed. Today’s news of yet another postponement works to dampen the community awareness of the story further. Gay men who habituate the Oaklawn-Cedar Springs entertainment district where the gay community of Dallas congregates seem to have no recognition of the name of Richard Hernandez or the heinous murder that has been likened to Richard Harris’s “Hannibal the Cannibal” best-seller and major motion picture, The Silence of the Lambs. Why such little interest or knowledge of the crime exists in Dallas in 2011 is cause for major concern. This is the hallmark of a gay hate crime being covered over by community neglect and denial, especially when the victim is non-White and past the Twink stage. In the end, the LGBTQ community has the responsibility for keeping the memory of Richard Hernandez alive both so that justice may be finally rendered in this terrible case, and also for the sake of the Dallas LGBTQ community’s social identity.  It is sadly no surprise that major media such as Belo Corporation’s newspaper and television station de-emphasize the plight of gay and lesbian Texans due to hate crimes.  They have been doing so for generations. But the local queer community, with the happy exception of the Dallas Voice, has dropped the ball for a series of reasons community leaders would do well to understand and counteract, if the LGBTQ voices in Dallas and North Texas are ever to be taken seriously by a neglectful heterosexist majority in this city and county.  Meanwhile, the justice Richard Hernandez’s friends seek is deferred.  And justice deferred is justice denied.

January 11, 2011 Posted by | Anglo Americans, anti-LGBT hate crime murder, Decapitation and dismemberment, desecration of corpses, Evisceration, gay men, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Latinos, Law and Order, Perpetrators of Hate Crime, stabbings, Texas | , , , , , , , , , , | 6 Comments

Austin Becoming Unsafe for Gays: Bashing on 4th Street

Bobby Beltran, bashed for giving his friend a hug.

Austin, Texas – In an apparent gay bashing, a leading gay activist and his male friend were attacked on December 26 outside Austin’s popular nightclub, Rain. Bobby Beltran reported to the Dallas Voice that he and Christopher Ortega had just shared a parting hug outside the club at approximately 1:30 a.m., when a white sedan filled with five angry men stopped in the street shouting homophobic slurs at the couple. Beltran, who helped organize this year’s Queer Bomb in Austin, says that one of the men in the automobile shouted, “Fucking faggots! Cut out that queer shit!” According to On Top Magazine, Beltran yelled back, “That stuff’s not welcome here in Austin. We don’t accept that.” The quintet rushed out of the car, surrounded Beltran and Ortega, and assaulted them with punches, yells, and kicks. The gay men tried to fight off their attackers, and the violence lasted for three of four minutes until one of the assailants warned that police were coming. The attackers were described as two black men, two Latinos, and one white man. Beltran suffered cuts, bruises, and a wounded eye.  Ortega suffered a major blow to the jaw that may have broken it. According to the gay men, somewhere between 20 and 30 onlookers witnessed that attack, but none of them lifted a finger to help. In the melee, Beltran shouted out the number of the license plate belonging to the white sedan, but no one bothered to write it down, and he cannot remember it after the fact. The non-responsiveness of the crowd (some of them gay), and the lukewarm response of the Austin Police to the brazen assault, has the LGBTQ community in Austin worried about the safety of a city that was until recently considered gay-friendly. Ortega told local NBC reporters from KXAN, “The response [of the police] was like ‘Sorry guys. We’ll give you a report number. We’ll never catch these guys.’”  Beltran said to The Horn, a University of Texas Independent news outlet, “I’ve never in my life been in any kind of violent situation, especially a hate crime, so it’s been pretty traumatic.” Beltran continued. “Austin is supposed to be a gay haven, especially on 4th Street. What scares me even more is that nobody even helped. I’m so afraid to go back down there.” FBI statistics show Austin leads the state of Texas in reported anti-gay attacks for medium-sized cities. Beltran says the hate crime attack on Ortega and himself is the third such violent incident in the capital city this year. In February 2010, for example, two male team members from the Shady Ladies Softball Club were assaulted near the Austin City Hall. The attack on the gay athletes sparked a downtown March Against Hate last March. Beltran posted a photo of his injuries on the web (see above), and commented, “I’m just trying to get the word out there that this is going on in Austin, and it’s not safe right now. To find out that [gay bashing] is here in Austin on 4th Street, and knowing that fellow gay men were not doing anything about it, is just shocking.”

December 29, 2010 Posted by | African Americans, Anglo Americans, Anti-LGBT hate crime, Austin Police Department, Beatings and battery, FBI, gay bashing, gay men, harassment, Hate Crime Statistics, Hate Crimes, Heterosexism and homophobia, Latinos, Law and Order, Perpetrators of Hate Crime, Protests and Demonstrations, Slurs and epithets, Stomping and Kicking Violence, Texas, Unsolved LGBT Crimes | , , , , , , , , , , , , , , , , , , | Comments Off on Austin Becoming Unsafe for Gays: Bashing on 4th Street