Sean William Kennedy’s Killer Released Early by South Carolina
Greenville, SC – Sean William Kennedy’s killer, Stephen Moller, has been released early from prison, even after a reduced sentence that scandalized the nation. Moller, sentenced in June 2008 to 3 years for Kennedy’s murder, was given every break in the book. A massive letter writing campaign scotched the first attempt to parole Moller early. Hundreds of letters flooded the SC Department of Corrections to stop any early release, and it appeared that the state relented. Such was not the case, as Moller’s early release this week demonstrates. He served less than a year for the murder of 20-year-old Sean (pictured to the left). Kennedy’s mother, Elke Kennedy, issued this statement through a bulletin from the Human Rights Campaign: “This adds insult to injury. To release a man just one-year after his sentencing in this heinous crime and to inform the victim’s mother through an automated recording is despicable,” said Human Rights Campaign President Joe Solmonese. “Sean Kennedy was violently attacked for no other reason than his sexual orientation. This is a text book case of why we need to pass federal legislation that would bring stiffer penalties and provide local authorities with the full resources of the U.S. Justice Department to address vicious hate crimes.” On the night of May 16/17, 2007, Moller attacked Kennedy outside Brew’s Pub, a popular Greenville bar. According to reports, Moller accompanied the assault with anti-gay epithets. He later bragged about bashing “that fagot [sp.],” and suggested that he owed Moller $500 for hurting his hand when he struck Kennedy in the face. The blow hit with such force that Kennedy fell back and sustained brain injury from the combination of the punch and the fall. South Carolina still has no anti-LGBT hate crimes legislation on the books, and this outrageous miscarriage of the law is one more strong reason for the passage of the Matthew Shepard Hate Crimes Prevention Act now before the U.S. Senate. For more information, go to www.seanslastwish.org.
Sending the Devil to Hell for a Trial?: DFW Leaders Demand Independent Investigation in Rainbow Lounge Raid
Fort Worth, TX – In the wee hours of Sunday, June 28, 40 years to the day after the Stonewall Inn Raid in Greenwich Village that sparked the Stonewall Rebellion against anti-LGBT oppression, officers of the Fort Worth Police and the Texas Alcohol Beverage Commission raided the Rainbow Lounge. Unlike other so-called “checks” of liquor licenses, the police came hot to trot with a paddy wagon, plastic zip cuffs, and bad attitudes, according to many eye-witnesses and targets in the bar. Word spread fast. Now the Rainbow Lounge Raid is making national and international news, and the police are changing their tunes about what they did on that fateful night when LGBT Pride was challenged by force once again. Originally, FWPD Chief of Police Halstead claimed that officers had been “groped” by at least one patron of the bar, and that the severe cranial injury sustained by Chad Gibson, 26, who was arrested for “public intoxication” was due to “alcohol poisoning.” This is not the first time some version of the tired “gay panic defense” has been marshaled to justify overkill in the treatment of LGBT people. Ironically, hate crimes perpetrators are generally the ones who use the “blame the victim” technique to blur the oppression of LGBT people. That peace officers used it in Fort Worth is nearly as noteworthy as their choice of the Stonewall Anniversary to carry out their assault. Now Chief Halstead is changing stories, saying that Gibson, who is still critical in John Peter Smith Hospital in ICU, was injured “while in custody of the TABC.”
Local business, civic, and activist leaders are calling for an independent investigation of the actions of the FWPD and the TABC during the Raid. Fearing loss of face for Cowtown, as well as loss of business, leaders are demanding more than an internal investigation that may be self-serving at best. Meanwhile, Gibson struggles to heal. No costs of his hospitalization or damages will be forthcoming from the officers who slammed his head into a bathroom step at the Rainbow Lounge, for they are indemnified against facing responsibility for what they did by the state and the city. Too bad. As long as harsh treatment can be whitewashed clean by internal investigations and bureaucratic red tape, LGBT people cannot feel safe anywhere in the Metroplex. The Rainbow Lounge Raid proves that much, at least. The public has yet to hear a full-throated demand for justice from the Fort Worth LGBT community. While some are courageously speaking out, the so-called “Fort Worth way” is in full display, with queer folk in Cowtown still keeping their heads low for the most part. 
As the days drag on from the time of the Raid, and as Gibson fights to get better from bleeding on the brain in ICU, the Fort Worth LGBT community may yet find its voice. One of the most telling witness statements from a patron of the Rainbow Lounge on the night of the raid was that the assault by police “was just like Stonewall without fighting back.” The spirit of Stonewall is resistance, plain an simple. Non-resistance is not and never has been the Stonewall way, and Fort Worth LGBT people and their allies have to find more spine if they are to have freedom and equality in deep, dark red Tarrant County, stronghold of right wing Republicanism in North Texas.
This story has all the makings of a regional earthquake in human rights: Excessive police force, severely injured LGBT people, gay panic defense, police cover-up attempts, heterosexist attitudes, terror in the queer community, and finally, the will to resist on the part of gay men and lesbians who have had enough jawboning and harm from their elected leaders and law enforcement agencies. Passively allowing the law enforcement agencies and city officials responsible for this outrage to mollify the public with “internal investigations” is like sending the Devil to Hell for a trial. No jury in perdition would ever find him guilty. Without consistent pressure coupled with open communications, things will pretty much go back to homophobic normal in Cowtown. Instead of an earthquake, all Fort Worth may experience from this unwarranted use of brute force will be a shrug. The coming days will see if the North Texas children of Stonewall will rise up and seize the moment, or not.
~ Stephen V. Sprinkle, Director of the Unfinished Lives Project
Serial Hate Crimes Against LGBTs Up 63% in Colorado
Denver – In a report by the National Coalition of Anti-Violence Programs issued Tuesday, the numbers of anti-LGBT hate crimes in the Centennial State jumped 63% in one year. Among the 2008 murders of queer folk was the notorious beating-death of 18-year-old Angie Zapata, a transgender Latina living in Greeley. Allen Ray Andrade, a date, repeatedly bashed Zapata with a home fire extinguisher until she succumbed. Andrade’s conviction for murder under Colorado’s Hate Crime Law was a landmark moment, demonstrating to the nation how significant hate crime enhancements can be in penalizing fatal bias-related attacks against LGBT people. Though he used a version of the trans-panic defense to excuse his actions, arguing that Zapata had somehow deserved her death because of “deceiving” him as to her biological gender, Andrade was sentenced to life in prison with no possibility of parole. According to the Denver Daily News, the Colorado Coalition of Anti-Violence Programs (COAVP) expressed concern over the 24% spike in the number of offenders, meaning that multiple perpetrators attacked a smaller number of victims during the past year. This indicates that certain victims of anti-LGBT hate crimes are targeted for violence that unfolds in a spectrum from verbal harassment to physical attack by more than one antagonist. While this disturbing feature of homophobic and transphobic violence had been suspected by gay rights activists, this report in Colorado is the first to confirm their fears. The percentage of victims also rose significantly during 2008. While the nationwide average rise in victims of harassment, bashing, and murder was 2%, the Colorado numbers moved up a full 8%. Added to the increases of reported violent attacks against LGBT people in Minnesota, Michigan, California, and Tennessee, the Colorado hate crimes statistics contribute to a growing sense that a full-scale national trend of increasing harm against members of the sexual minority is in the offing.
WaPo: Anti-Latino/a and Anti-LGBT Hate Crimes Spiral Upward Together
Washington, DC – The Washington Post reports in a late-breaking story that incidents of bias-related crimes against Latino/a people and LGBT people are rising sharply on seemingly parallel tracks, according to FBI findings. In a June 16 article entitled “Hate Crimes Rise as Immigration Debate Heats Up,” Spencer Hsu, reporter for WaPo, writes that officials are concerned about the abrupt rise in violent crimes against both groups: “The FBI reported in October that the number of [total] hate crime incidents dropped in 2007 by about 1 percent, to 7,624. But violence against Latinos and gay people bucked the trend. The number of hate crimes directed at gay men and lesbians increased about 6 percent, from 1,195 to 1,265, the FBI reported.” It should be noted that the actual rise in hate crimes against LGBT people is actually in excess of 28% in the last year, according to the more comprehensive statistics reported by the National Coalition of Anti-Violence Programs. Shrill voices in the media and organization of xenophobic hate groups on the internet are contributing to this alarming trend. Most recently, as Mariela Rosario writes for http://www.latina.com, Minutemen stand accused of the murder of a Latino immigrant family. In a May 30th home invasion attack just now being shared widely in the national media, three members of the anti-immigrant group Minutemen American Defense (MAD) allegedly burst into the Arivaca, AZ house of Raul Junior Flores, 29, and his 9-year-old daughter, Brisenia, and shot them dead. Flores’ wife using a shotgun returned fire, repelling the attackers, and wounding one of them. Shawna Forde, 41, Jason Eugene Bush, 34, and Albert Robert Glaxiola, 42, stand accused of the crime. The stated mission of the Minutemen American Defense is summed up in Forde’s own words, “We will expose and report what we know and find, we will recruit the serious and train the revolutionist, time for words have passed the time for bravery and conviction are now.” The Pima County (AZ) Sheriff’s Department is still investigating. The murder of Flores and his young daughter has sparked outrage among Latino/a rights groups. As The Unfinished Lives Project has previously reported in numerous stories over several months, the tragic
Romel and Diego Sucuzhañay at Brooklyn DA's Press Conference
victimization of Latino and Latina folk, gay, bi, transgender and straight often converges in a terrible way. José Sucuzhañay, and his brother, Romel, Ecuadorans visiting the Bushwick section of Brooklyn, NY were brutally assaulted on the night of December 7, 2008. Hakim Scott, 25, and Keith Phoenix, 28, beat the Sucuzhañay brothers with a beer bottle and an aluminum ball bat shouting slurs at them for their ethnicity and their perceived sexual orientation. The savage attack was apparently motivated by a toxic combined hatred of Latino immigrants and gay people. The brothers, huddled together against the cold, were walking arm-in-arm from a party. Ironically, José, who died from his wounds, and his brother Romel, are both heterosexual. José leaves behind a 10-year-old son, Brian, and a 5-year-old daughter, Joanna, who is living with Down Syndrome. As an attorney for the Sucuzhañay family told the New York Post, “The family has suffered tremendously. It was a brutal murder.” Scott and Phoenix have been indicted for second-degree murder as a hate crime by the Brooklyn District Attorney, and await trial. Often set at odds by “common wisdom” and the media, the Latino/a immigrant community and the LGBT community share a truly common need for unity in the face of irrational hatred of “the other.” The Ecuadoran media covered the crime widely, putting an important face on anti-LGBT hate crimes in the United States.
On Memorial Day, We Honor the Military Service of Our Gay Dead
Since time immemorial, Gay and Lesbian people have served their country with distinction. LGBT Americans pause to remember and honor the service and sacrifice of all American service members, especially the ones who faced battle on two fronts: the battle for freedom and security for our country, and the battle against unreasoning homophobia. This Memorial Day, The Unfinished Lives Project pauses to give thanks for the lives of three gay men who served their country, and died because their countrymen could not accept their sexual orientation: Petty Officer Third Class Allen R. Schindler, Jr., Chicago Heights, IL, sailor on the U.S.S. Belleau Wood; Private First Class Barry Winchell, Kansas City, MO, soldier at Fort Campbell, KY; and U.S. Army Veteran Michael Scott Goucher of East Stroudsburg, PA.
Schindler, who was mercilessly harassed on board his ship, was murdered in 1992 by shipmates in a public toilet while on leave in Sasebo, Nagasaki, Japan. His body was so ravaged by the attack that every major organ in his body was ruptured, his skull was crushed, and the medical examiner found sneaker tracks embedded in his chest and face. The only way his mother could identify her son’s body was by a tattoo he had inked into his upper arm. His main assailant, who openly declared that he was disgusted by homosexuals, said shortly after the murder, “I don’t regret it. I’d do it again. … He deserved it.” The Navy has never been forthcoming about the slaying, and has repeatedly refused to release the report of the Japanese police about the crime. Don’t Ask Don’t Tell (DADT) was officially enacted soon after Schindler’s murder by President Clinton. SLDN has continued to represent his mother in the courts.
Winchell, who had been singled out for anti-gay ridicule by his barracks mates at Fort Campbell, was bludgeoned to death in 1999 by a fellow soldier wielding a baseball bat at his head and body while he was asleep. Ironically, he was killed after an Independence Day celebration on base. His hate crime murder and trial exposed one of the most notorious cover-ups of the Don’t Ask Don’t Tell (DADT) era. His parents and SLDN contend that the Army betrayed him by violating its own DADT policies, failing to follow the best traditions of the Army in order to shield the chain of command, and exposing other gay soldiers to danger and dishonorable discharge. The anti-gay climate of Fort Campbell was never sufficiently addressed in the wake of Winchell’s killing, and the base commander, General Robert T. Clark, was promoted despite the protests of SLDN and other LGBT advocacy organizations around the country. His killer is serving a life sentence for murder in a federal military prison facility.
Goucher, who had been honorably discharged from the U.S. Army after a tour of duty in Alaska where he served in transport, was ambushed by two young men who stabbed him to death over 45 times according to autopsy records in 2009, arguably the first anti-LGBT hate crime murder victim of the year. After returning to East Stroudsburg, Goucher worked as a high school janitor, captained the Neighborhood Watch in his area, and served as assistant organist at a local church.
These three represent many more loyal Americans who happened to be LGBT and have been stigmatized, drummed out of the service, and in the cases of these faithful guardians of our country, were killed because of deep-seated bias against members of the sexual minority. They neither betrayed their country nor themselves. For that, and for justice-sake, we cannot forget them. At the request of SLDN, Servicemembers’ Legal Defense Network, Chan Lowe drew this provocative tribute to homosexual Americans who have paid the supreme price to wear our nation’s uniform. We offer it for your consideration on this Memorial Day 2009.
Murdered Trans-teen Gwen Araujo Vindicated by CA Appeal Court Ruling
Newark, CA, May 13, 2009 – A California state court of appeal upheld the second degree murder convictions of two young East Bay men for their part in the strangling, beating, and murder of 17 year old male-to-female transgender Latina Gwen Amber Rose Araujo in 2002. Jose Merel and Michael Magidson had appealed their convictions on the grounds that the Alameda County trial judge had not defined the crimes properly to the jury at the time of the original trial in 2005, and that there had not been sufficient evidence for second degree murder convictions. The appeal court ruled 3-0 against the petition of the defendants, who will continue to serve out their 15-year sentences for the grisly murder.
The 2002 Araujo case drew national attention to the plight of transgender people in the United States, especially transgender people of color. Araujo, born biologically male and originally known as Eddie, had transitioned to being female by the time of the assault. After she died, her mother legally changed her name to Gwen as a sign of love and respect. Her killers, who knew her as “Lida” had known her for months, and Gwen believed they were fast friends. Both Merel and Magidson had sex with Araujo orally and anally. According to their defense, she had not revealed her biological identity to them. When her biological maleness was discovered, the defense went on to contend, the men attacked Araujo “in the heat of the moment,” and therefore deserved convictions for a lesser charge of manslaughter instead of murder. The prosecution successfully argued against this version of the “trans-panic defense,” and secured the murder convictions against them. Two other defendants in the case, Jaron Nabors and Jason Cazares pled guilty to manslaughter and were sentenced to 11 and 6 years respectively. They have not sought to challenge their convictions.
The Araujo case sharpened the national debate on the trans-panic defense. The outcome of the 2002 trial went a long way toward refuting the once widely held notion that trans people somehow brought on attacks against themselves. As Masen Davis, executive director of the Transgender Law Center noted to reporters,the ruling of the court of appeal definitively rejected the claim that the murder of a young woman like Gwen should be reduced to a lesser charge just because she was transgender. “We are thankful that the Court of Appeal saw through this blatant prejudice, and upheld the convictions of Gwen’s killers,” she said.
Feel the Morning Breaking: Remembering Bill Clayton (1978-1995)
Bill Clayton wanted to be a sculptor, a teacher, an architect, a counselor…but his life was cut short by irrational hatred on May 8, 1995. He was barely 17. Bill had come out to his parents as a bisexual three years before, when he was 14. Molested by a sexual predator that same year, he went into intensive therapy and regained his old confidence. It took years, but by April 1995 he and his counselor agreed that he was no longer in need of counseling for the PTSD that had plagued him for the past three years.
Bill was out at school, and a vocal, active proponent of the rights of sexual minorities. When an anti-LGBT storm broke over a Women’s History Month speaking invitation to Colonel Margarethe Cammermeyer (who defied Don’t Ask, Don’t Tell in the U.S. Military) at Olympia (Washington) High School, where Bill was a student, he openly supported her presence on campus. She was allowed to speak on March 21, 1995. Strong, homophobic feelings hung thick in the air after that.
Colonel Margarethe Cammermeyer
On April 6, 1995, ironically one day after his therapist released him, Bill and his friends Sam and Jenny were attacked by a gang of students in broad daylight. The two boys were beaten and kicked unconscious after being verbally assaulted for being queer. The police arrested several boys under 18 who had acted on the community’s homophobia by targeting Bill and his friends. The assault was treated as a hate crime from the beginning. In time, the boys who attacked Bill and Sam were sentenced to 20-30 days in juvenile detention, followed up by probation and community service and four hours of diversity training concentrated on sexual orientation.
Bill after the hate crime assault
Olympia rose to the challenge, and began to face its homophobia at a rally in a city park on April 14. Bill spoke out, saying, “As an openly bisexual person in Olympia, I’m probably–or may be–the victim of this sort of thing again. Hate crimes–especially those against homosexuals and bisexuals and transgendered people are on the rise in this area. And that is why now–more than ever–we, the gay community need to come out and band together and fight for our civil rights and our right to be safe in our homes and on the streets.” It was a brave thing for him to do.
As a result of the attack, Bill fell into a deep depression, becoming suicidal. His family hospitalized him for his own protection and healing. Ten days later he came back home. He told his mother that all he could see ahead was a lifetime of dealing with one assault after another, and he was tired of coping with it all. She wrote about his fear and depression, “He was 17 years old–an age when kids are supposed to be excited about moving out into the world as adults. The only place he felt safe was at home.” She continued, “He saw no hope, so he chose to end his life.” As a living memorial to Bill, his mother, father, and brother have become advocates for LGBTQ youth, and strong voices for the prevention of teen gay suicide. They have not forgotten Bill, and we cannot let ourselves forget him, either.
One of Bill's last paintings, done while hospitalized for depression after the assault, "Hold Back The Dawn."
Now, with anti-bullying legislation on the books in several states, and pending in several others (NC, for one), Bill’s passion for life has a new dawning of hope. Federal legislation has been introduced in Congress to address school bullying and violence. Bill’s story takes on new power as the cause of security and hope for LGBT youth moves to center stage in American consciousness. Every time a life is saved, every time a young boy or girl is helped not to take their lives, Bill Clayton is honored. To save the lives of young queer folk is to vindicate the passion of our young brother, Bill, and all the thousands like him for whom the dawn did not break in time.
To that end, here is the link to the Trevor Helpline, http://www.thetrevorproject.org/ the oldest and largest 24/7 suicide prevention helpline for LGBTQ youth in existence. If you or a friend are feeling lost and alone, call the Trevor Helpline, 866-4-U-Trevor, [866-488-7386]. There is hope, there is help. Bill has not been forgotten. The morning is breaking.
Pattern of severe of anti-LGBT violence increases nationwide
The Hate Crimes Bill has provided an excellent summary of a new report by the National Coalition of Anti-Violence Programs showing anti-LGBT violence has been on the rise since the murder of Lawrence “Larry” King in Oxnard, California, at the beginning of this year.
“The National Coalition of Anti-Violence Programs (NCAVP) reports a recent rash of at least 13 brutal and violent hate crimes that have occurred throughout the country on the heels of the murder of 15 year-old Lawrence King in Los Angeles and the brutal beating of Duanna Johnson, both in February of 2008,” says the Hate Crimes Bill’s website. “NCAVP reports that these hate crimes may indicate a frightening trend of increases in both the number and severity of anti-LGBT violence.”
The NCAVP findings come after several anti-LGBT hate crimes, including the police beating of a transgender woman in Memphis, Tennessee; the harassment and beating of a gay man on a New York subway; the murder of a transgender woman in Memphis, Tennessee; the alleged police beating of a gay man in Greeley, Colorado; the beating of a priest in Queens, New York, for protecting a group of LGBT youth living at a shelter for homeless youth; the midnight home-invasion and arson, in Central New York, by a self-proclaimed Neo-Nazi, who targeted a sleeping 65-year-old gay man (the victim was able to flee the home, unhurt); the fatal bludgeoning of 18-year-old Angie Zapata, a transgender Latina woman in Greeley, Colorado; the beating of gay man Jimmy Lee Dean, in Dallas, Texas, whose injuries were so severe that he was in intensive care and could not be interviewed or identified until five days after the crime; the severe injury of a man in upstate New York, whose two assailants beat, kicked, and shouted anti-gay slurs until they had broken ten bones in their victim’s face; the attack against an 18-year-old living in St Helens, in the United Kingdom, who died a week later from his injuries; the (at least partially) anti-gay-motivated shooting rampage in a Knoxville, Tennessee, church that claimed two lives and wounded seven others; the mob-beating and stabbing of a man perceived to be gay in Staten Island, New York; the ongoing and escalating harassment (for nearly 8 years) of a gay male couple living in Cleveland, Ohio, by anti-gay neighbors; and the ongoing and escalating harassment (for nearly 20 years) of a gay male couple living in a rural Pennsylvania town, who have suffered incidents of gunfire, vandalism, stalking, acts of intimidation, and the indifference from local police.
In a grim coincidence, more than one anti-LGBT hate crime has occurred in both Memphis, Tennessee, and Greeley, Colorado, since the beginning of 2008.
Unfinished Lives also offers our own analysis of the significance of anti-LGBT hate-crime statistics in the United States. The NCAVP’s findings and the Hate Crimes Bill’s detailed summary confirm what has been a growing concern for LGBT persons living in the United States.
About
If you are a first-time visitor to the Unfinished Lives Project website, we invite you to read A Welcome Message introducing you to our project. We are truly grateful for your visit.
The Unfinished Lives Project website is a place of public discourse which remembers and honors LGBTQ hate crime victims, while also revealing the reality of unseen violence perpetrated against people whose only “offense” is their sexual orientation, gender identity, or gender presentation. LGBTQ people in the United States are suffering a slow-rolling decimation of terror and murder all across the country. Every locale and demographic of society are affected: First Nations, Anglo, Black, Latino and Latina, South and Southeast Asian, Transgender, Bisexuals, Gay men, Lesbians, disabled, young, and mature. Homophobia has a long, crooked arm, and it is reaching out to snatch the life away from women and men whose tragic stories are under-reported to begin with, and whose memories are swiftly forgotten.
The horror of these killings transcends the shock and bereavement of loved ones and friends. These are not typical homicides; they are not killings for money or drugs, incidents of domestic strife, or crimes of passion. The vicious nature of hate crimes against LGBTQ persons is extremely brutal, grotesquely violent, and egregiously hateful.
Each murder serves the LGBTQ population as a sobering warning about the actual level of danger in our communities. The message these killings send is that freedom and open life for LGBTQ people is a cruel dream. Every time we remember one of these victims, however, the intentions of their killers are frustrated. To remember these women and men is to begin the process of changing the culture that killed them.
Our Project Director
Dr. Stephen V. Sprinkle (Keith Tew photo).
Stephen V. Sprinkle is Director of Field Education and Supervised Ministry, and Professor of Practical Theology at Brite Divinity School, Fort Worth, Texas, a post he has held since 1994. An ordained Baptist minister, he is the first open and out Gay scholar in the history of the Divinity School, and the first open and out LGBTQ person to be tenured there. Read More…
Recent Social Justice Advocacy Activity By Dr. Sprinkle
Summer 2009 – Dr. Sprinkle responded to the Fort Worth Police Department and Texas Alcoholic Beverage Commission Raid on the Rainbow Lounge, Fort Worth’s newest gay bar, on June 28, 2009, the exact 40th Anniversary of the Stonewall Rebellion. Dr. Sprinkle was invited to speak at three protest events sponsored by Queer LiberAction of Dallas. Here, he is keynoting the Rainbow Lounge Protest at the Tarrant County Courthouse on July 12, 2009. Read More…
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Unfinished Lives: Remembering LGBT Hate Crime VictimsBrite Divinity School/Texas Christian UniversityFort Worth TXprofessor, minister, author, blogger, LGBTQ advocate
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Unfinished Lives 
The Death and Life of Sean Kennedy: A Commemoration
Sean Kennedy had no chance. In effect, he was dead from the moment his skull struck the curb. Elke Kennedy, his mother, has had to live with the horror of his murder ever since.
Moller, on the other hand, reveled in his macho moment. In a drunken phone call to one of Sean’s friends just fifteen minutes after the crime, Moller taunted Kennedy for his sexual orientation. Though it was taped and verified to be Moller’s voice, the call was never allowed into testimony at Moller’s trial:
“Hey. (laughter) Whoa stop. (laughter) Hey, I was just wondering how your boyfriend’s feeling right about now. (laughter) (??) knocked the f— out. (laughter). The f—— faggot. He ought to never stick his mother-f—— nose (??) Where are you going? Just a minute. (laughter). Yea boy, your boy is knocked out, man. The mother——-. Tell him he owes me $500.00 for breaking my god—- hand on his teeth that f—— bitch.”
Moller's mug shot, SC Department of Corrections
Gay panic. AIDS terror. Homophobia. Macho bravado. A hands-on-attack in which the assailant feels the need to damage his target up close and personally. These are all the hallmarks of an anti-LGBT hate crime, as well as the response of the police on the scene who refused to take the hate crime dimension of the assault seriously enough to investigate it until later, and the reluctance of the District Attorney to bring sexual orientation into the case for fear of local heterosexist and homophobic prejudices. Local law enforcement reluctance to investigate or prosecute hate crimes against LGBT people is one of the prime reasons a federal hate crimes statute like the Matthew Shepard Act is so needed. Under the provisions of the Shepard Act, the Attorney General of the United States is enpowered to take over the investigation and prosecution of such a hate crime in situations like this one. No doubt, Moller’s homophobic braggadocio would have been taken into account, had the Shepard Act been on the books at the time of Sean Kennedy’s murder. Moller’s defense rested on two contentions that the court in Greenville bought, in the end: first, Moller didn’t even know Kennedy was gay until after the assault, the inadmissible taped phone conversation to the contrary, and second, nothing in this case rose to the level of murder. The D.A. settled for a charge of manslaughter which carries a penalty of 0-5 years in South Carolina. Moller got three years with credit for time served, and sympathy for his need to support a baby he sired while in the custody of the state. An attempt to lessen his prison time failed, thanks to the efforts of Sean Kennedy’s mother, stepfather, and hundreds of concerned people from around the country who petitioned the parole board in Columbia to deny Moller’s petition for early release. In the end, Moller will serve about a year and a half of actual time, with probation for the hate crime murder of an innocent gay man. Moller is due to be set free, his debt to society paid in full, in July 2009.
Sean’s death still tortures his loved ones. His mother said, “My son was violently murdered because of hate and as his mother I wanted justice. My family will never be the same, a big part of our lives has been ripped out of our hearts.” For too many hate crimes victims, that would be the end of it–injustice, anguish, and the eventual amnesia of a society that would rather just not think about such things. But not for Sean.
The struggle for justice for Sean continues. Elke Kennedy recently said, “No mother should lose a child to hate. No mother should have to fight for justice for their child. To parents who reject their children for their orientation, what would you do if you got a call at three in the morning telling you your child had been murdered?” And Sean’s new life past his death, in memory, in advocacy, and as a cherished story that shall not be forgotten goes on and on. As Sean himself wrote, “So who knows what’s around the corner or down the street. I’m just gonna live life and find out.”
~~ Stephen V. Sprinkle, Director of the Unfinished Lives Project
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May 17, 2009 Posted by unfinishedlives | Heterosexism and homophobia, Perpetrators of Hate Crime, Social Justice Advocacy, South Carolina | Anglo Americans, Beatings and battery, gay men, hate crime, hate crimes legislation, Law and Order, Matthew Shepard Act, Remembrances, Special Comment | Comments Off on The Death and Life of Sean Kennedy: A Commemoration