“Gay Panic Defense” Outlawed by California
California Governor Jerry Brown signed gay panic defense ban into law, making it the first in the nation.
Sacramento, California – The Golden State has outlawed the notorious “gay panic defense” as an excuse for violence against the sexual minority. Defendants in California can no longer claim their deeds of physical harm against gay and transgender victims were triggered by alarm at a person’s sexual orientation or gender expression. Governor Jerry Brown signed the legislation into law on September 27.
As Gay Star News reports, Rick Zbur, Equality California Executive Director, said in a statement to the press on Sunday, “The ‘panic defense’ is a homophobic and transphobic ploy that blames the victims of horrific acts of violence for the crimes committed against them.” Zbur went on to commend Governor Brown for signing the bill making this infamous legal dodge based on fear illegal: “[Such a ploy] has no place in California’s legal system, and we applaud Gov. Brown for signing this groundbreaking, first-in-the-nation legislation.”
The law, according to California Legislative Information, entitled “AB-2501 Voluntary manslaughter,” now bans the excuse from use in California courts that “the victim made an unwanted non-forcible romantic or sexual advance towards the defendant” or “the defendant and victim dated or had a romantic or sexual relationship.”
Some defendants in horrendous cases of physical violence against transgender or gay/lesbian victims succeeded in playing upon the fears and latent biases of juries with the gay panic defense, and winning lesser sentences and penalties from the courts as a result. The most widely covered California case in which the gay panic defense was effective in reducing a sentence was the execution-style gunshot murder of teen ager Larry Fobes King of Oxnard by his teen age classmate, Brandon McInerney. In the 2011 trial, defense attorneys argued that the real offender was the murdered King, who allegedly flirted with McInerney, a youth who had been deeply influenced by Neo-Nazi ideologies and prejudices. The court reduced McInerney’s charges to second-degree murder and voluntary manslaughter after trying him as a juvenile, in contravention of California law that clearly mandated McInterney, though a teen, must be tried as an adult because of the heinous nature of the crime, and the premeditation exhibited in King’s execution in their morning computer classroom. King was, of course, unable to defend himself against the charges and allegations made by defense attorneys, since he was dead and buried. Because of a plea bargain deal, McInerney received a 21-year sentence instead of a longer, more appropriate term, solely because of the gay panic defense.
Larry King and his murderer, Brandon McInerney (AP photo).
Reflecting on the King/McInerney case, SF Weekly carried an op-ed article arguing that “It’s a heinous defense tactic that banks on a judge or jury’s own homophobia, apportioning some blame onto victims in order to get a murder charge downgraded to manslaughter. Leaning on a ‘heat of passion’ line of thinking deliberately turns a trial into something out of a pulp novel. Gay panic benefits from anti-LGBT bias, and adds to it as well, by dredging up ancient stereotypes of gays as sexual predators who can’t be trusted not to curb their appetites.”
Now, such legal queer-baiting is out of bounds in California and has become a model for other states to emulate.
Rush Limbaugh Demeans Matthew Shepard’s Hate Crime Murder
Attempts to demean Matthew Shepard and his murder are a Right Wing fetish.
Palm Beach County, Florida – Conservative radio bombast Rush Limbaugh attempted to undercut the powerful anti-gay hate crime narrative of the murder of Matthew Shepard during a broadcast on Monday, February 24, from his top secret studio in Florida. In the show, entitled “When did the ‘hate crime’ concept begin?”, Limbaugh launched a diatribe against Jason Collins’s decision to wear Number 98 on his basketball jersey in memory of Matthew Shepard who died because of anti-LGBT bias in 1998. Collins, the first openly gay person to play on an NBA court this past Sunday for the Brooklyn Nets, came out back in April 2013 to both accolades and brickbats.
According to the broadcast transcript, Limbaugh attempted to win sympathy and outrage from his Dittohead audience for being the “original” target of hate crime language back in 1998. He had one major problem, however–the internationally embraced story of Matthew Shepard’s hate crime murder for being gay by Russell Henderson and Aaron McKinney in October 1998. So, Limbaugh proceeded to undermine the hate crime dimension of the Shepard murder that gripped the nation and the world and galvanized the human rights movement, eventually leading to the passage of the Matthew Shepard/James Byrd Jr. Hate Crimes Prevention Act in 2009. Limbaugh said to his audience:
“[Jason Collins is] the first openly gay player to actually play in a professional sports game. It happened last night, the Brooklyn Nets against the Los Angeles Lakers. This is the Nets play-by-play announcer Ryan Ruocco, as Jason Collins — who, by the way, took the number 98 in solidarity with Matthew Shepard, who it’s now been proven didn’t happen, but was reputed to have been beaten up by a bunch of anti-gay bigots.” In the transcript, Limbaugh provided readers with a hotlink to a book by right wing darling Stephen Jimenez purportedly “disproving” the anti-gay hate crime aspect of the Shepard case.
As Unfinished Lives reported last year at the publication of Jimenez’s book, these rather tired arguments are part of the continuing scheme to erode all anti-gay hate crimes narratives by attacking the archetypal Shepard story. Some of Jimenez’s own major sources have decried and disavowed his use of their names in his book of allegations, among them Henderson’s defense attorney who said that none of the “evidence” Jimenez advances was admissible in court when he was defending his client, and it is without merit now. The Matthew Shepard Foundation, where Matt’s memory is making a difference by saving lives throughout the world, issued a strong rebuttal to this problematic book Limbaugh takes as gospel. In the New York Daily News, the Shepard Foundation statement reads, in part: “Attempts now to rewrite the story of this hate crime appear to be based on untrustworthy sources, factual errors, rumors and innuendo rather than the actual evidence gathered by law enforcement and presented in a court of law.”
The extremist Right Wing, epitomized by Limbaugh, famously called “Comedian Rush Limbaugh” by Keith Olbermann on Countdown, has made a virtual cottage industry out of demeaning the lives and deaths of LGBT people for over 16 years. Their agenda is running out of gas. This latest attempt also fails to obscure the ugly truth that Matthew Shepard and over 14,000 other American queer folk have been murdered for their sexual orientation and/or their gender identity and expression since 1980.
The Shepard murder captured the world’s sympathy, outrage, and imagination as no other anti-gay hate crime murder story had done before. As Gay Star News reports in its story on the Limbaugh allegations: “Shepard, a 21 year old college student, died after being tortured in a hate crime in Laramie, Wyoming. Aaron McKinney and Russell Henderson each received two consecutive life sentences for his murder. The prosecutor in the case alleged that McKinney and Henderson pretended to be gay in order to gain Shepard’s trust so they could later rob him. McKinney originally pleaded the gay panic defense, arguing that he and Henderson were driven to temporary insanity by alleged sexual advances by Shepard. After meeting Shepard at a bar, the pair took him to a remote area outside of Laramie. Once there they robbed him, beat him severely, and tied him to a fence with a rope from McKinney’s truck while Shepard pleaded for his life.”
As Dr. Stephen Sprinkle explains in his award-winning book, Unfinished Lives: Reviving the Memories of LGBTQ Hate Crimes Victims (Resource Publications, 2011): “The public outcry at [Matthew Shepard’s] cold-blooded killing meant the hate crime that cut his young life short became the holotype in the American psyche for all instances of oppression against people in the sexual minority. It also sent a chill into the bones of the religio-political Right Wing. Power to enact protection statutes for LGBT people coalesced around Matt’s death so swiftly that the Wingers feared anti-LGBT hate crime legislation might actually become law. Their strategy was to kill the story, or failing that, change the narrative. Cut the power of moral outrage out from under Matt’s murder, they reasoned, and they would blunt the mounting public sentiment for an end to anti-LGBT oppression.”
None of Comedian Rush Limbaugh’s or Stephen Jimenez’s allegations concerning Matthew Shepard’s murder hold water. It seems the extremist Right Wing is all out of ideas.
Gay Panic Murder At TCU Raises Unanswered Questions
David Hidalgo (l) claims “gay panic” led him to stab TCU senior marketing student Stewart Trese (r) to death.
Fort Worth, Texas – The roll out of developments surrounding the murder of a 23-year-old Texas Christian University senior at the Grand Marc Apartments leave a host of questions unanswered–both about the so-called “gay panic” his confessed killer claims led him to murder, and the uneasy state of LGBTQ members of the campus community. This we know so far: the victim, Stewart Trese, a marketing major and Japanese minor at TCU, was stabbed to death in the hallway of the Grand Marc by 21-yar-old David Hidalgo, a “townie” who had known Trese for some months before the fatal “altercation,” according to the Fort Worth Star-Telegram. At 9:22 a.m. on February 4, Trese was pronounced dead outside his apartment from multiple stab wounds. A day later, Hidalgo was taken into custody at John Peter Smith Hospital by Fort Worth Police and charged with murder. Now in the Mansfield Jail under $100,000 bond pending trial, Hidalgo made the explosive claim in a jailhouse interview with WFAA TV that Trese made sexual advances, drew a knife on him, and threatened his life.
In what amounts to a “gay panic” justification of his actions, Hidalgo claims that Trese called him over to his apartment near the TCU campus “to see something,” and when Stewart met him in the hallway of the Grand Marc outside the apartment, he seized Hidalgo’s buttocks, made sexual demands of him, and drew a pocket knife, threatening to kill Hidalgo if he didn’t give in sexually. “He pulled out the knife and said, ‘I’m gonna kill you,’ he said, ‘I’m gonna kill you,’ and he came toward me with the knife and I grabbed his hand that the knife was in and I tried to wrestle it out from him,” Hidalgo claimed in the WFAA/Channel 8 interview. “We ended up on the floor and I ended up stabbing him in the chest and in the throat.” Expressing regret at what he had done, Hidalgo went on to say there was little else he could do because Stewart was so angry at being refused sexually. “When he pulled that knife on me I was really scared, I thought he was going to kill me,” Hidalgo said. “I really think he was going to.”
Gay media are expressing doubt about Hidalgo’s story. John Wright of Lone Star Q isn’t buying Hidalgo’s “gay panic” account on two counts: first, Wright calls any such defense of violence against LGBTQ people “bunk,” and second, to believe that a man in a relatively long-term friendship would suddenly attempt rape at knife-point seems “bizarre.” More likely, Wright suggests, a romantic relationship had developed between the men, and the hint of drugs makes the friction between them more credible.
The notorious “gay panic defense” has been a staple of heterosexist, homophobic and transphobic legal and public relations tactics for decades in the United States, relying on the gullibility and anti-LGBTQ prejudice of juries and the general public to lessen punishments for defendants perpetrating violence against gay and transgender victims. But in August 2013, the American Bar Association in its annual convention unanimously supported the demise of “gay panic” and “trans panic” in U.S. courts. The Journal of the ABA reports:
“The ABA House of Delegates has unanimously passed a resolution urging federal, state, local and territorial governments to pass legislation curtailing the availability and effectiveness of the use of ‘gay panic’ and ‘trans panic’ defenses by criminal defendants. These defense strategies seek to excuse the crimes by saying that the victim’s sexual orientation caused their assailant’s violent reaction to them.” Speaking prior to the vote, D’Arcy Kemnitz, executive director of the National LGBT Bar Association said that such legal tactics were “surprisingly long-lived historical artifacts” reflecting the homophobia and heterosexism prevalent in the past. She went to say that such defenses were based upon “the notion that LGBT lives are worth less than other lives.”
Trese had been introduced to Hidalgo approximately 18 months before the killing by a “friend” who wished to remain anonymous for fear of reprisals, according to the Star-Telegram. The two men met at the Altamesa Church of Christ, and volunteered at the church’s related charity program, Neighborhood Needs. The anonymous friend went on to say that the men became “close,” and that their unequal backgrounds did not seem to hinder their relationship. While Hidalgo did not have a job or a personal vehicle and grew up literally beside the train tracks, Stewart was the son of Dr. Thomas Trese, D.O., a prominent Fort Worth Neurologist. Even if their friendship soured over time, it strains credibility to believe that “gay panic” ignited the wrestling match that led to Trese’s grisly murder.
TCU Allies logo
Was Trese a gay man, or same-sex attracted? His family does not believe so, according to his brother Steve who told the Star-Telegram “Stewart was not that guy. We have the utmost faith in the Fort Worth police and district attorney’s office and the truth will come out.” Concerning Hidalgo’s motive for making a gay claim against his brother, Steve Trese added, “We believe that somebody in his predicament would do anything to save his skin.” Trese was not a member of TCU’s LGBT student organization, though he was listed as a member of TCU Allies, a gathering of students, faculty and staff supportive of the equal rights of LGBTQ people. His sexual orientation remains a mystery. His station in life and his association with evangelical Christian organizations like the Fellowship of Christian Athletes and the Churches of Christ (Non-instrumental) would have encouraged a deeply closeted gay man to remain so to all but a few confidants, lovers, and friends.
Is Hidalgo gay, or gay curious? Does he harbor the sort of anti-gay feelings that would add fuel to the sort of attack that bears all the hallmarks of an anti-gay hate crime murder? By his own admission, Hidalgo stabbed Trese five times and cut his throat. While not being definitive, brutality and bloodiness like this are characteristic of the type of “wet work” carried out by homophobic killers. But how could he have remained friends for so long with Trese, if indeed Trese was closeted or questioning, were Hidalgo to suffer from deep seated antipathy towards same-sex desire? Once again, we are faced with a mystery, and with the suggestion that money and drugs may have played a critical part in this case.
David Mack Henderson of Fairness Fort Worth, in liaison with the Fort Worth Police Department’s LGBT contact, communicated with TCU GSA Alumni to say he is working to keep channels open with the police and the LGBTQ community on campus. Henderson voiced confidence in the FWPD, saying, “I have every confidence that FWPD is taking the murder of Mr. Trese very seriously and will develop the case necessary to prosecute Mr. Hidalgo to the fullest extent of the laws.”
While Texas Christian University has an active LGBT Gay Student Association and alumni group, the record of the university on same-sex issues is spotty. There is little encouragement for faculty and staff to come out openly if they are LGBTQ. The administration’s attitude towards queer concerns is by turns benign and callous, as the unbending decision to bring notoriously anti-gay Chik-Fil-A to campus shows, despite faculty and student unrest about the fast food purveyor. As is the case in many church-related colleges and universities in the South and Southwest, TCU likes to point to its enlightened, progressive approach to LGBTQ concerns while at the same time refusing to establish and staff an Office of LGBTQ Relations on its campus (something conservative Texas A&M has done since 1996). The whiff of gay murder and hate crime around campus will probably encourage the policy of denial that TCU has adopted for years. But hard questions will continue to be asked as the investigation into the brutal murder of one of the university’s prominent marketing seniors proceeds–a murder that certainly suggests that troubling gay aspects of this case will not be denied for much longer.
Notorious Gay Panic and Trans Panic Legal Defenses Must End, Says American Bar Association
Gwen Araujo’s mother, Sylvia Guerrero, cradles her portrait. Thanks to the ABA, the so-called Gay and Trans Panic excuses for violence may one day be a thing of the past.
San Francisco, California – Gay Panic and Trans Panic legal defenses must go, says the House of Delegates of the American Bar Association at their annual meeting this past week. The delegates voted to follow the lead of California legislation calling for the cessation of excuses for violence against gays, lesbians, and transgender persons allegedly because of fear of homosexuals or the identity of transgender persons, according to eNews Park Forest. The San Francisco Chronicle reports that the President of the National LGBT Bar Association, D’Arcy Kemnitz, sponsor of the cessation resolution at the ABA convention, called upon lawmakers throughout the United States to frame legislation banning the use of the Gay Panic and Trans Panic defenses, saying, “Legal professionals find no validity in these sham defenses mounted by those who seek to perpetuate discrimination and stereotypes as an excuse for violence.”
The Resolution, 113A, which had previously been vetted and passed by the ABA’s Criminal Justice Section, says in part that the ABA “urges federal, state, local and territorial governments to take legislative action to curtail the availability and effectiveness of the ‘gay panic’ and ‘trans panic’ defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction,” according to the report of Gay Star News. The Resolution goes on to say, “Such legislative action should include requiring courts in any criminal trial or proceeding, upon the request of a party, to instruct the jury not to let bias, sympathy, prejudice, or public opinion influence its decision about the victims, witnesses, or defendants based upon sexual orientation or gender identity; and specifying that neither a non-violent sexual advance, nor the discovery of a person’s sex or gender identity, constitutes legally adequate provocation to mitigate the crime of murder to manslaughter, or to mitigate the severity of any non-capital crime.”
Californians passed their 2006 law banning the use of Gay and Trans Panic defenses in response to the infamous 2002 slaying of transwoman Gwen Araujo of Newark, California by four male assailants who claimed that they panicked in “the heat of the moment” when they discovered Araujo’s biological identity. The trial uncovered the truth, that both main defendants had sexual relations with Araujo for months prior to the gruesome murder, which they perpetrated by bludgeoning her into unconsciousness with a can of tomatoes and an iron frying pan. Her attackers finished Araujo off by strangling her with a rope and beating her with a shovel. Gwen’s murderers then drove her body four hours away from the San Francisco Bay area to bury her in a shallow grave in the Sierra Nevado mountains, where her remains lay undiscovered for several days. All four defendants were found guilty of the killing, and were sentenced to prison after a series of three trials. The two main defendants were sentenced to 15 years to life for second degree murder. The consensus of legal opinion is that the Araujo trials went a far distance toward discrediting the Trans Panic defense for perpetrating violence against LGBTQ people.
In 2009, on what would have been Gwen Araujo’s 25th birthday had she lived, her mother Sylvia Guerrero called upon the American public to commemorate her transgender daughter’s life. Speaking to the Examiner.com, Ms. Guerrero invited everyone to honor her child though acts of joy and service: “Light a candle, release a balloon, or do a good deed for someone less fortunate than yourself. Thank you for keeping her memory alive.” Now, Gwen Amber Rose Araujo has an even more lasting legacy with the ABA’s campaign to end the Trans Panic and Gay Panic excuses for violence in the American legal system forever. Rest in peace, Sister.
Wisconsin Queer Bashing Suspects Face Trial; Gay Panic Excuse Put to Test
PJ's Bar, Oshkosh, scene of brutal Christmas Day queer bashing (Facebook image)
Oshkosh, Wisconsin – Two suspects arrested in the bashing of a gay man outside a gay bar on Christmas Day will go to trial, according to reports from WTAQ News Talk. Lyall Ziebell and Jacob “Jake” Immel-Rhode, both 20, waived their preliminary hearings on January 5. Ziebell entered no plea, and will face arraignment on January 12. Immel-Rhode pled not guilty to all charges, and is due back in court for a pre-trial conference on February 1. The alleged attackers are charged with battery causing great bodily harm, and burglary. The battery charge for both men also carried a hate crime modifier, which increases the penalties for the crimes, if found guilty. If the maximum penalty is invoked, each man could serve 23-and-a-half years in prison and face $40,000 in fines.
The police complaint states that Immel-Rhode and Ziebell agreed to give a cigarette to the victim in exchange for a shot of liquor at PJ’s bar on Oregon Street in Oshkosh just before 2 a.m. on Christmas Day. When the three men came out of the bar to smoke, the attack started almost immediately. Ziebell, who characterized himself as “very homophobic,” hit the victim so hard he collapsed on a car hood, and then fell to the pavement, where Immel-Rhode set upon him, kicking the helpless man while shouting that he was a “stupid faggot.” The alleged assailants excused their actions because they say the victim “tried to hit on” Ziebell who threw the first punch. The complaint further states that the pair robbed a Mexican market on the way home to Ziebell’s house, stealing money and pre-paid cell phones.
The victim suffered a broken jaw and injury to his brain from the brutal attack, and underwent emergency surgery. He was then admitted to Intensive Care. Recently, he was released from the hospital to recuperate at home, and to deal with the emotional trauma of the assault.
The Wisconsin Gazette reports that James Combs, a friend of the victim, has started a petition on Change.org calling attention to the hate crime, and urging Winnebago County Assistant D.A. Adam Levine, Democratic State Senator Jessica King, and others in authority to make sure justice is done in this case, including pursuit of hate crimes charges. The petition can be accessed by clicking here. Combs told the Gazette, “We really need to draw attention to this kind of thing. People have not really grown accustomed to gay people, and there is still violence and horrible things happening.” He also said that a fund to help pay the victim’s hospital expenses is being set up.
Among the most important aspects of this case is the gay panic excuse the attackers gave for their violence against a gay man. In the gay panic defense, alleged homophobic assailants rely upon latent negative feelings in the general public to cloud the issue of the crime, and to lessen popular anger at their deeds. The illogic of the gay panic excuse turns justice on its head: the victim is put under the spotlight, insinuating that he or she was somehow responsible or “had it coming” when violence is perpetrated against them. In its more extreme forms, the innuendo implies that the victims actually went out seeking punishment for their “perverse lifestyle.” When used in court, as by all indications will be done in this case, defense attorneys count on anti-gay prejudice buried in jurors to buy acquittal or a lesser sentence for their clients. Sadly, this has worked in the recent past in American courts, an amazing outcome in the 21st century. James Combs says in the narrative for the Change.org petition, Hate Crime Tolerance in Wisconsin, “We need to let lawmakers know that Gay Panic Defense will never fly as an excuse, and any jury would agree. Let’s make sure they receive the full sentence.”
The gay panic defense is a discredited, out-of-date, and outworn attempt to sully the character of LGBTQ victims of hate crimes, and to obstruct justice. No victim deserves physical attacks for being gay or lesbian in the United States of America. Neither should any victim of an anti-gay hate crime face the burden of emotional distress and public shame by having his character brought into question–an irrelevant point in cases such as these. For defendants to present such a “justification” for their actions in an American courtroom should, by itself, increase the penalty of law for false accusation.
Gay Panic Murder of Homeless Disabled Man in Connecticut
Matthew O'Brien-Veader, on trial for the brutal murder of a homeless disabled man he believed made a sexual advance toward him.
Waterbury, Connecticut – Police officials say that a Waterbury man savagely murdered a homeless disabled man living in the same abandoned factory because of an alleged sexual advance. Matthew O’Brien-Veader, 23, took shelter in the derelict warehouse along with his alleged victim, 39-year-old Joed Olivera, in June 2009. During his sleep, O’Brien-Veader believed that the older disabled man attempted to have sex with him, and flew into a homophobic rage, according to the Republican American. Police arrested O’Brien-Veader June 12, 2009, and charged him with the grisly murder. He was bound over for trial in superior court, which finally began in Waterbury this week after a series of delays.
Court documents say that O’Brien-Veader attempted to throw Olivera down a flight of stairs, beat Olivera with his own pair of crutches until they shattered, and then repeatedly stabbed him with a dagger before throwing Olivera’s body through a jagged hole in the floor to the room below. Others in the factory found Olivera’s body atop a jagged pile of junk, covered with a piece of plywood. One man who saw the mangled body of the homeless victim was so disturbed by the scene that he testified in in Waterbury Superior Court Tuesday to running out of the building and smoking marijuana to calm his nerves. O’Brien-Veader’s friend, Jason Benoit, testified that O’Brien-Veader had a deep aversion to LGBTQ people, and had told him that all gay people should be rounded up and dropped on a deserted island. According to the Hartford Courant, the defendant could receive a life sentence if found guilty.
O’Brien-Veader sat quietly beside his attorney as the case, postponed until over two years after the homicide, unfolded in the Waterbury courtroom. By invoking the gay panic defense, suggesting that the victim was responsible for his own murder, the defense hopes to cloud the minds of jurors enough to lighten the sentence, should their client be found guilty. The recent King-McInerney gay killing in Oxnard, California gave the gay panic defense new life in American courts. Defense attorneys for McInerney, a teen who confessed to the execution-style shooting of his teenaged gay classmate, Larry King, in front of a room full of witnesses, argued that unwanted sexual advances pushed McInerney to pull the trigger. The ploy succeeded in reducing the conviction from murder to manslaughter. O’Brien-Veader’s defense team is hoping that enough residual heterosexism and homophobia exists in jurors to bring a similar result for their client.
Gay Panic Excuse Used to Justify Wisconsin Queer Bashing
Queer bashing suspects Jason "Jake" Immel-Rhode (l), and Lyall B. Ziebell (r)
Oshkosh, Wisconsin – Christmas morning erupted in anti-gay violence when two Oshkosh men allegedly assaulted a gay man outside a popular tavern patronized by LGBT people, calling the victim “a stupid faggot” while kicking him in the head. According to The Northwestern.com, Lyall B. Ziebell and Jason “Jake” Immel-Rhode, both 20, were charged with battery causing great bodily harm with a hate crime enhancement which will increase the penalties against the men, if found guilty. With the hate crime rider, the men could serve as much as 23 years, six months in prison and face $40,000 in fines for the crime.
The criminal complaint states that Ziebell and Immel-Rhode were walking past PJ’s Bar on Oregon Street at approximately 2:15 a.m. on December 25 when the victim offered to buy them a shot of liquor apiece if they would lend him a cigarette. The three men walked into the bar where the victim made good on his offer for the cigarette. After finishing their drinks, the three went outside the bar where the assault began almost immediately. WTAQ reports that the victim suffered a broken jaw and a brain injury from the savage attack. The criminal complaint also states that the attackers left the scene of the assault to head to Ziebell’s home, and on the way they robbed a Mexican market of cash and pre-paid cell phones. The victim has no doubt, however, that the violence used against him was a response to his being a gay man.
The Northwestern goes on to report that Ziebell admitted to police that he was “very homophobic,” and commenced his assault on the victim when he allegedly “began to hit on me”–clearly a reference to the notorious gay panic defense often invoked in gay bashing trials to suggest that the victim was to blame for the injury done him. Ziebell also said to police that he heard Immel-Rhode shout that the victim was “a stupid faggot” as he kicked him repeatedly in the head.
Court officials ordered Ziebell and Immel-Rhode bound over to Winnebago County Jail, where they are being held on a minimal bail of $3,000 apiece. They are to go to court for preliminary hearings on January 5.
Plea Deal for Larry King’s Murderer: The Inside Story
Brandon McInerney pled guilty to the execution-style murder of his gay teen classmate, Larry Fobes King.
Ventura County, California – Prosecutors in the Brandon McInerney murder trail agreed to a plea deal rather than take young gay Larry King’s confessed killer into court a second time, according to EDGE Boston. McInerney, 14 at the time he shot his 15-year-old gay classmate in the back of the skull in his middle school computer class in 2008, will be sentenced today.
The Ventura County District Attorney’s Office agreed to a deal because they couldn’t be sure what would happen if they put McInerney back on trial again.
McInerney’s defense team succeeded in putting King on trial for his own murder, at least enough so that the jury in the first trial could not agree on a verdict, and a mistrial was declared. While legal experts saw the case as a clear-cut instance of pre-meditated murder, the prosecutors for Ventura County could not surmount the sympathy factor for the 14-year-old, and the discomfort factor in the way the press and the defense portrayed King. Instead of the forthright homophobic murder the prosecution sought, a combination of child-nostalgia and anti-transgender and anti-gay bias turned King into a “Franken-Larry,” a devious, dangerous homosexual predator–a portrayal that could not have been further from the truth about the real boy who was in transition from a scared, bullied gay school kid to a youth who could affirm and live out his gender variance.
Media distortion in the King case started as early as the first reports about the murder, with sensational accounts of what young King wore to school, and his responses to McInerney’s bullying. Ramin Satoodeh, reporter for Newsweek, wrote a cover story on King that was devastating–likening the boy to a monstrous little predator, tottering after his love interests in platform heels. McInerney’s defense lawyers countered prosecution evidence of his Neo-Nazi and white supremacist motives by casting King, who was smaller and weaker than McInerney, as the aggressor, and skillfully used the press to drive this point home. The California law making a 14-year-old prosecutable as an adult in heinous cases using firearms (which this case was in both particulars) was also put on trial in the media.
In the end, justice for Larry King was not the goal of a chastised district attorney’s office. Assistant DA Mike Frawley said that they “took into consideration the time [McInerney would have to spend] in jail to protect the community.” McInerney’s murder conviction has been stayed, and he will be sentenced to 11 years for voluntary manslaugher, and 10 years for the use of a firearm. With the four years he has already served in jail, McInerney will serve 25 years total. Had the first-degree murder conviction been impose, he would have served 51 years. Now, the confessed murderer of a young gay boy will be out on the street by his 39th birthday, and the dubious “gay panic defense” receives new life in the American legal system.
McInerney Pleads Guilty to 2nd-Degree Murder for Executing Larry King
Brandon McInerney executed his gay classmate in February 2008.
Ventura County, California – The teen killer of a gay classmate has pleaded guilty second-degree murder. Brandon McInerney, 17, 14-years-old at the time he pulled the trigger, shot gay 15-year-old Larry King in the back of the head execution-style at E.O Green Middle School in Oxnard, California in February 2008 before the eyes of his first-period classmates. The facts of the case are undisputed. Rising behind his victim, McInerney pumped two rounds into the back of Larry King’s skull, fulfilling a threat he made to a girlfriend at school the day before. McInerney will receive a 21-year sentence for a crime that many say bears all the hallmarks of a pre-meditated, first-degree hate crime murder.
In September of this year, a mistrial was declared after two months of testimony, due to the inability of the jury to come to a decision about the guilt of young McInerney. Prosecutors had argued for first-degree murder, based on the established pre-meditation and the heinous nature of the crime. Under California law, a 14-year-old may be tried as an adult, and McInerney, who confessed to the murder seemed to fit the statute’s requirements. Prosecutors claimed that because of McInerney’s antipathy toward King’s sexual orientation and gender expression, and because of white supremacist loyalties the killer clearly embraced, the murder was a clear-cut case of anti-LGBT hate crime. Defense turned the tables on the prosecution, putting the dead victim on trial instead of their client. They resurrected the infamous “gay panic/trans panic” defense, drumming their contention into the jurors’ minds that King was the prime aggressor, pressing his flamboyant sexuality toward McInerney until he “snapped.” Enough of the jury bought the ploy that the jury hung. Had the first-degree charge been upheld, the defendant would have received 53 years for his crime.
The Advocate reports that formal sentencing will take place for McInerney on December 19. Twenty-one years in prison is a long time for McInerney to consider that every day he lives is another he stole from a gay classmate because of his discomfort with a person who was different. For the LGBTQ community, the specter of the “gay panic defense,” like a hungry ghost, lingers on, given new energy by this plea deal.
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.
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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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Dr. Sprinkle will gladly present his acclaimed presentation to your organization. To arrange an Unfinished Lives presentation for your organization or group, please contact us.
Dr. Sprinkle has given his Unfinished Lives presentation to these and other community groups and organizations. Read More…
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Publisher: Steve Sprinkle (Project Director)
Steve Sprinkle
Unfinished Lives: Remembering LGBT Hate Crime VictimsBrite Divinity School/Texas Christian UniversityFort Worth TXprofessor, minister, author, blogger, LGBTQ advocate
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