Unfinished Lives

Remembering LGBT Hate Crime Victims

High School Students Suspended for Roles in Rodenmeyer Bully-cide

Jamey Rodenmeyer,14, bullied by high school classmates

Williamsburg School District, New York – An unspecified number of North High School students have been suspended for bullying Jamey Rodenmeyer, who killed himself in September following unrelenting anti-gay harassment.  The Advocate reports that the suspensions resulted from information shared by police after the Rodenmeyer case was closed.  Though Amherst law enforcement authorities declined to bring charges against students in the case, they identified at least five incidents of anti-gay bullying aimed at Rodenmeyer, a 14-year-old freshman. The boy’s parents and school officers were not informed of the bullying incidents in question until it was too late.

School officials would not say the number of students suspended, but indicated that each of them faced a “minimum suspension” of at least five days.  Longer term suspensions may have been invoked, as well, though expulsion from school is not permitted for youths of this age.  These suspensions mark the second round of actions taken by the school system since Rodenmeyer’s death.  A female student who said she was “glad he was dead” was suspended soon after the suicide. Rodenmeyer, whose “It Gets Better” YouTube video gained wide circulation and the attention of Lady Gaga, took his life by hanging on September 18.

December 5, 2011 Posted by | Anglo Americans, Bullycide, Bullying in schools, gay teens, GLBTQ, harassment, Hate Crimes, Heterosexism and homophobia, It Gets Better Project (IGBP), Lady Gaga, Law and Order, LGBTQ, LGBTQ suicide, New York | , , , , , , , , , , , , , | Comments Off on High School Students Suspended for Roles in Rodenmeyer Bully-cide

Gay Men and Trans People in the Cross Hairs: Behind the FBI’s 2010 Hate Crimes Statistics

Washington, D.C. –  Hate crimes statistics for 2010 are out from the Federal Bureau of Investigation.  The good news is that, overall, the numbers of reported hate crimes last year held steady.  The FBI report, accessible here, documents 6,624 single-bias incidents, which range from acts of vandalism to cold blooded murder. Four more incidents encompassed multiple-biases, making for a grand total of 6,628 incidents reflecting 7,699 offenses as reported voluntarily by law enforcement agencies around the nation.  These data represent a serious undercount of the actual number of hate crimes perpetrated against Americans during the last year, since 1) reportage by local law enforcement is sheerly voluntary with no funding from the federal government to aid small jurisdictions to report, and 2) local law enforcement officials are often loathe to classify an incident as a hate crime because of a variety of reasons, such as how the community regards social groups and racial/sexual minorities.

Behind the statistics are the stories of flesh-and-blood victims and their families, and the news here is disturbing. 1,528 victims were targeted because of animus against sexual orientation.  Of these, 57.3 percent of victims were gay males, and 11.9 percent were lesbians. The numbers of violent attacks against transgender people are fragmentary at this point, since statistics of this particularly vulnerable group have only been recorded by the FBI since the Matthew Shepard-James Byrd Jr. Hate Crimes Prevention Act was signed into law by President Obama in October 2009.  But the news of brutalities against transgender people, especially transgender women of color, is alarming.  GLAAD reports that, of the people murdered for sexual orientation and gender identity and expression bias, 70 percent were persons of color, and 44 percent were transgender women [NCAVP figures]. Though suicides of LGBTQ teens due to homophobic and transphobic bullying in schools have captured the headlines repeatedly since 2010 began, no separate FBI statistical category yet exists for the collection of these data.

In the recent Civil Rights Conference on Hate Crimes at the University of Texas at Arlington, Assistant Attorney General Thomas Perez declared in his keynote address, “We are experiencing a headwind of hatred and intolerance in the United States.” FBI Special Agents appealed to local law enforcement, U.S. Attorney officials, and leaders from the North Texas LGBTQ community to co-operate in the reporting of hate crimes, underlining the difficulty feds are experiencing amassing accurate data.   In its 2010 report, the National Coalition of Anti-Violence Programs (NCAVP), widely held to offer more accurate statistics on anti-LGBT hate crimes than the FBI, noted a 13 percent rise in homophobic and transphobic violence from 2009 to 2010, and a 23 percent rise in the murders of LGBTQ people.

November 15, 2011 Posted by | Bullying in schools, FBI, gay men, gay teens, Gender Variant Youth, GLBTQ, Hate Crime Statistics, Hate Crimes, hate crimes prevention, Heterosexism and homophobia, Law and Order, Lesbian women, LGBT teen suicide prevention, LGBTQ, Matthew Shepard Act, National Coalition of Anti-Violence Programs (NCAVP), Social Justice Advocacy, Texas, transgender persons, transphobia, U.S. Justice Department, Washington, D.C. | , , , , , , , , , , , , , , , , , , | Comments Off on Gay Men and Trans People in the Cross Hairs: Behind the FBI’s 2010 Hate Crimes Statistics

Larry King’s Killer to be Retried in California; Hate Charges Dropped

Brandon McInerney to be retried for the murder of gay classmate, Larry King

Ventura County, California – Prosecutors announced on Wednesday they would retry teen Brandon McInerney for the execution-style murder of his gay classmate, Lawrence Fobes “Larry” King in adult court.  This time, however, all hate crimes charges are being dropped.  Maeve Fox, chief prosecutor in the case, said that the trial would begin on November 21 in Ventura County Superior Court. KABC in Los Angeles reports that defense attorneys for McInterney hope the case will be settled by plea bargain before the trial begins.

A mistrial was declared on September 2 when the nine-woman, three man jury in Chatsworth could not agree on a verdict.  Some jurors have contended that McInerney, who was 14 at the time of the shooting, should never have been tried as an adult.  They also have said they were not convinced by the prosecution that white supremacist, anti-gay prejudice led McInerney to kill his gender variant classmate, whom McInerney knew as “the little fag.”  The defense successfully used a version of the outworn “gay panic defense” to switch sympathies of the jury and the public in the case, putting Larry King’s dress and habits on trial at least as much as the criminal act of their client, the brutal in-class shooting.  Defense has consistently denied using the gay panic defense, and just has consistently employed it to insinuate that their client’s actions were mitigated by the intimidation he felt coming from a smaller, bullied gay teen.

In order to get a conviction, the prosecution has deleted all hate crimes charges, raising the ire of LGBTQ rights advocates around the nation.  Once again, a courtroom in Southern California will be the arena for the validity of the gay panic defense in the most notorious anti-gay hate crime since the murder of Matthew Shepard in 1998.

October 5, 2011 Posted by | African Americans, Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Matthew Shepard, Neo-Nazis and White Supremacy, Perpetrators of Hate Crime, School and church shootings, Slurs and epithets, Social Justice Advocacy, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , , | 1 Comment

Heartbroken 14-year-old Gay Youth Tormented to Death

Amherst, New York – Jamey Rodenmeyer wrote Lady Gaga lyrics on his Facebook page the weekend before he took his own life: “Don’t forget me when I come crying to heaven’s door.”  The quotation is from “The Queen,” a song included on Lady Gaga’s hit album, “Born This Way.”  The 14-year-old Williamsville North High student suffered unrelenting taunting and cyberbullying for being gay. Though he was in counseling with a therapist and a social worker, and was supported by his parents and a host of fans around the country due to his YouTube video for the “It Gets Better” project, the cumulative effect of psychic trauma and fear of violence broke down young Rodenmeyer’s defenses. His parents, who found Jamey’s body outside their home on September 19, told WGRZ Buffalo that they are certain he killed himself because of the bullying.  Rodenmeyer’s suicide immediately rekindled nationwide concern and anger over the culture of violence elementary, middle, and secondary school LGBTQ students face in and out of classrooms every day.  Lady Gaga called for a campaign to make bullycide a hate crime by law (no bullying laws exist in New York State).  An outspoken advocate for the gay and lesbian community, Gaga tweeted her fans: “Jamey Rodemeyer, 14 yrs old, took his life because of bullying.  Bullying must become be illegal. It is a hate crime.”  She then committed herself to approach President Obama.  “I am meeting with our President,” she posted.  “I will not stop fighting. This must end. Our generation has the power to end it. Trend it #MakeALawForJamey.”  Dan Savage, the co-originator of the “It Gets Better” project for which Rodemeyer made a video last May, said that he broke down and cried when he heard about the youth’s suicide.  Savage wrote on his blog, “The point of the ‘It Gets Better’ project is to give kids like Jamey Rodemeyer hope for their futures. But sometimes hope isn’t enough. Sometimes the damage done by hate and by haters is simply too great. Sometimes the future seems too remote. And those are the times our hearts break.”

The insults, rumors, and ridicule became too much for Jamey to bear.  On a Formspring site he opened to chat with friends online, he was targeted by irrational hate.  The Washington Post reports two representative instances of hate speech that would have unsettled anyone, no matter how well grounded: “JAMIE IS STUPID, GAY, FAT ANND UGLY. HE MUST DIE!” an anonymous detractor wrote. Another went straight for his heart: “I wouldn’t care if you died. No one would. So just do it 🙂 It would make everyone WAY more happier!”  Even though there were expressions of support among the posts to his site, the loudness of the hate drowned out the love. In hindsight, Jamey’s cries for help are all too obvious.  On September 9, he wrote on Facebook, “I always say how bullied I am, but no one listens. … What do I have to do so people will listen to me? No one in my school cares about preventing suicide, while you’re the ones calling me [gay slur] and tearing me down.”  But the face he let his parents see was calm and relatively upbeat.  Just days before he took his own life, the family went on a camping trip.

Amherst Police are investigating whether charges may be brought against youths who continually dogged Rodenmeyer with taunts and slurs. Buffalo News reports that the Special Victims Unit has been assigned to investigate whether crimes were committed against Jamey.  Cyberbullying, especially if it was centered on Rodenmeyer’s sexual orientation, could carry charges against his tormentors.  Police spokesmen have said that they are focusing their probe on one to three young harassers who targeted Rodenmeyer ever since he was a student at Heim Middle School. “We’re looking into it to see if he was the victim of any crimes, and that’s the bottom line,” Amherst Chief of Police John C. Askey told reporters. “We’re going to be speaking to school officials and students and anyone with direct information about crimes that may have been committed against this individual.”

Nearly 5,000 youths commit suicide each year, according the Centers for Disease Control, making teen suicide, especially teen LGBTQ suicide, a national health issue.  But the statistics cannot adequately count the cost of bullying in American society. Criminal harassment, ridicule, and threats strike real boys and girls one-by-one, like Jamey Rodenmeyer, and rip away their futures. In the last communication of his short life, Jamey tweeted Lady Gaga, “@ladygaga bye mother monster thank you for all you have done, paws up forever.”  In a tribute to Gaga, Jamey’s parents buried him Saturday wearing his “Born This Way” tee shirt.

September 23, 2011 Posted by | Anglo Americans, Anti-LGBT hate crime, anti-LGBT hate crime murder, Bisexual persons, Blame the victim, Bullycide, Bullying in schools, Dan Savage, gay men, gay teens, Gender Variant Youth, GLBTQ, harassment, Hate Crime Statistics, Hate Crimes, hate speech, Heterosexism and homophobia, It Gets Better Project (IGBP), Lady Gaga, Law and Order, Legislation, Lesbian women, LGBT teen suicide prevention, LGBTQ, LGBTQ suicide, New York, Perpetrators of Hate Crime, Slurs and epithets, Social Justice Advocacy, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Heartbroken 14-year-old Gay Youth Tormented to Death

“Seth’s Law” Passes in California; Protects LGBT Students from Bullying

Seth Walsh, 13-year-old "Bullycide" Victim, Honored Posthumously With Anti-LGBT Bullying Law

Sacramento, California – California lawmakers passed a new law to protect LGBT school students from harassment and bullying on Friday, named for 13-year-old “bullycide” victim, Seth Walsh.  The Advocate reports that  AB 9, “Seth’s Law,” makes it illegal for school teachers, staff, and officials to look the other way when students are being tormented for their sexual orientation or gender identity and expression.  It also requires school systems to create policies and programs to address anti-LGBT bullying. The suicide of Seth Walsh in Tehachapi, California, spurred Golden State legislators to pass the bill, since a national outcry was sparked by the youth’s suicide after months of ceaseless harassment for being gay.  Since both houses of the legislature have passed the bill, it now goes on to the desk of Governor Jerry Brown to be signed into law.

Wendy Walsh, Seth’s mother, testified in favor of the bill as it moved through the State Assembly and Senate: “I can’t bring my son back. But the California legislature can make a difference today to protect young people across our state just like Seth who are or are thought to be lesbian, gay, bisexual or transgender. Schools need to take harassment and bullying seriously when parents or students tell them about it, and when they see it and hear it on the school campus.”

During a flood of national stories about LGBT teens who committed suicide in 2010 because of school bullying, Seth’s story stood out enough that a federal investigation of his school system was launched by the U.S. Department of Education.  Students, teachers, and administrators were interviewed by federal investigators, spurring the school system to initiate changes in it policies and procedures toward LGBT students.

September 3, 2011 Posted by | Anglo Americans, Anti-LGBT hate crime, Bullying in schools, California | , , , , , , , , , , , , , , , | 1 Comment

Prosecutors To Retry Gay Teen Larry King’s Killer “Immediately”

Floral Tribute for Larry King, 15-year-old hate crime victim

Ventura County, California – Prosecutors in the Brandon McInerney murder trial promised to retry the teen for premeditated murder and a hate crime on Friday, the day after a Superior Court jury deadlocked on a verdict.  The Los Angeles Times reported that the prosecution maintains the evidence in the murder of 15-year-old gender variant Lawrence Fobes “Larry” King by his 14-year-old classmate in February 2008 is still persuasive: When McInerney shot King in an Oxnard middle school classroom, it was nothing less than a homophobic/transphobic hate crime and a clear cut case of premeditated homicide under California law.

The hung jury, who after several votes finally deadlocked at seven for voluntary manslaughter and five split between first- and second-degree murder, presents both a problem and an opportunity to the Ventura County officials.  On the one hand, jurors have suggested that they believe charging McInerney, now 17, for murder as an adult, was an overreach. Had he been convicted of first-degree murder, the defendant would have served better than fifty years in prison, and perhaps life.  Had McInerney been tried and convicted in juvenile court, he would have been released by age 25. Some other jurors have said to defense attorneys that the hate crime charge was not proven in court.  On the other hand, a conviction as a juvenile may be easier to obtain. So, the prosecution will have to determine whether to re-try the defendant as a juvenile this time, even though California law permits 14-year-olds to be charged and tried as adults in cases of capital murder.  Chief Assistant District Attorney Jim Ellison told the Times: “We will consider the fact that this was a very significantly split jury. We will consider everything. There are obviously very strong reactions on both sides, and we will consider all those in how we proceed.”

The murder of Larry King is the most closely watched hate crime murder case in the United States, since the trial of Aaron McKinney and Russell Henderson for the slaying of University of Wyoming student, 21-year-old Matthew Wayne Shepard in 1998. Of particular importance to LGBTQ advocates and other hate crimes victims throughout the country is the controversial use of the “gay panic defense” by McInerney’s defense team.  Should McInerney receive a lesser sentence for the murder of King because he was disturbed by King’s sexual orientation and gender presentation, or by his bearing, words, and deeds that expressed that dimension of who King was, such as the clothes or cosmetics he wore, or his flirtatiousness, then the implications for other killers perturbed by race, religion, sexuality, or gender characteristics would be immense. Also of note is the success of the defense in minimizing the bullying King, a bi-racial gay boy, endured in schools for over five years, virtually exclusively because of bias against his sexual orientation and gender presentation.

In a second report on Friday, the L.A. Times interviewed long-time former district attorney from Ventura County, Michael Bradbury.  Bradbury contends that even though prosecutors may glean a whole trove of new information from the current jury, re-trying anyone after a deadlocked jury is risky, especially re-trying a youth like McInerney.  Bradbury told the Times, “The public may see a straightforward murder case, but this case is far more complex, firstly, because of the age of the defendant at the time of the act and, secondly, the manner in which he was raised by his parents, which was clearly dysfunctional and by all accounts horrific.” The former D.A. went on to say that the host of strong emotions surrounding the case makes a second trial’s outcome “highly unpredictable.”

September 2, 2011 Posted by | Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, Character assassination, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Neo-Nazis and White Supremacy, Perpetrators of Hate Crime, School and church shootings, Social Justice Advocacy, trans-panic defense, transgender persons, transphobia | , , , , , , , , , , , , , , , , , | 1 Comment

Judge in Larry King Murder Case Declares Mistrial: Jury Hung

No Justice Yet for Hate Murder Victim Larry King

Chatsworth, Los Angeles, California – In breaking news, the judge in the trial of teen Brandon McInerney for the hate crime murder of bi-racial student Larry King has declared a mistrial. Prosecutors have not yet decided whether they will seek to retry McInerney, now 17 years old, for the murder of his gender variant classmate in 2008.  Steve Rothaus of Gay South Florida picked up the Associated Press report late this afternoon, detailing how the jury could not come to a unanimous verdict in the case.  Nine women and three men on the jury informed Judge Charles Campbell that they were stalemated over whether to find McInerney, who undisputedly shot 15-year-old Larry King to death with a .22 caliber pistol in first period computer class at E.O. Green Middle School in February 2008, guilty of manslaughter, first-degree murder, or second-degree murder.  Seven jurors declared they were in favor of a verdict of voluntary manslaughter, while the other five were split between first- and second-degree murder.

The defense team appears to have scored something of a victory, convincing a majority of the jury that their client was in some sort of “dissociative state” at the time of the killing.  More disturbingly for LGBTQ legal advocacy observers and hate crime activists is the partial success of the “gay panic defense” that Scott Wippert and the defense team denied was a part of their strategy, but which most sure was.  Defense hammered the jury with claims that teen gay student King was somehow responsible for his fate because of their rendition of “bizarre sexualized behavior” and “sexual aggression.”  The gay panic defense, which blames the victim for the crime, has been discredited for years in American courts, but the special circumstances of a youth like McInerney who came from a dysfunctional family background (both his parents were addicts) successfully clouded what was otherwise a clear cut case of first-degree, premeditated murder.

Under California law, McInerney was old enough to be tried as an adult.  Ventura County Prosecutor Maeve Fox argued that since the defendant told at least six people he was going to kill King, premeditation was clearly established. Further, Fox argued that McInerney was a fervent anti-gay boy, influenced by white supremacist and Neo-Nazi skinhead ideology and teachings.  McInerney was in possession of a trove of Nazi items and symbols, as well as white supremacist literature at the time of the murder.

Nonetheless, the mistrial gives the prosecution pause. As commentator Lisa Bloom, a respected attorney, noted on a CNN panel discussing the trial last week, the jury is not supposed to ignore premeditation or be swayed by sympathy for the sad circumstances of a defendant.  “[The gay panic defense] is not an acceptable defense in an American courtroom,”  she said. Bloom went on to assert that no jury would allow a racist to claim that rage over the acts and speech of a black person altered the consciousness of the defendant enough to push him to murder.  What is the prosecution to do in a situation in which the message that a boy was gay was enough to get him killed, and to hang the jury in his slayer’s murder trial?  McInerney killed King.  Now, whether he will face the justice his actions deserve is up in the air–as well as the memory of his victim, Lawrence Fobes “Larry” King.

September 1, 2011 Posted by | African Americans, Anglo Americans, anti-LGBT hate crime murder, Blame the victim, California, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Perpetrators of Hate Crime, School and church shootings, Social Justice Advocacy, trans-panic defense, transgender persons | , , , , , , , , , , , , , , , , , , , | 9 Comments

Fate of Larry King’s Teen Murderer Goes to Jury in California

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.

August 26, 2011 Posted by | African Americans, Anglo Americans, Anti-Gay Hate Groups, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, Character assassination, gay bashing, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Perpetrators of Hate Crime, School and church shootings, trans-panic defense, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , | 1 Comment

Larry King’s Teen Murderer Refuses to Testify in His Own Defense

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.

August 23, 2011 Posted by | 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 | , , , , , , , , , , , , , , , , , , , , | 1 Comment

Families/Friends at Each Other’s Throats During Trial of Larry King’s Alleged Murderer

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.

August 1, 2011 Posted by | African Americans, Anglo Americans, Anti-Gay Hate Groups, anti-LGBT hate crime murder, Bullying in schools, California, Character assassination, Execution, gay bashing, gay panic defense, gay teens, Gender Variant Youth, GLBTQ, gun violence, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Neo-Nazis and White Supremacy, Perpetrators of Hate Crime, School and church shootings, Slurs and epithets, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , , , | Comments Off on Families/Friends at Each Other’s Throats During Trial of Larry King’s Alleged Murderer