Unfinished Lives

Remembering LGBT Hate Crime Victims

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.

December 19, 2011 Posted by | African Americans, Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Bullying in schools, California, gay bashing, gay teens, Gender Variant Youth, GLBTQ, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Media Issues, Neo-Nazis and White Supremacy, Perpetrators of Hate Crime, School and church shootings, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , | 1 Comment

UN Defends Gay Rights; Calls for the End of Homophobic Violence

(Photo courtesy of the United Nations Office of the High Commissioner of Human Rights)

Geneva, Switzerland – A hard-hitting, historic report calling on the nations of the world to defend the rights of gay people has been issued by the Office of the High Commissioner of Human Rights of the United Nations in Geneva.  For the first time, the world body has detailed the the murder, bias-motivated violence, torture, police detention, discrimination in jobs, health care and education that LGBT people face on a daily basis because of their actual or perceived sexual orientation or gender identity.  The report, which may be accessed here, was released on December 15 in response to the high number of reports of anti-gay human rights abuses flowing into the international body, according to the UN News Service.

In part, the report states, “The criminalization of private consensual homosexual acts violates an individual’s rights to privacy and to non-discrimination and constitutes a breach of international human rights law.”  Decrying violence against LGBT persons, the High Commissioner concludes that “Homophobic and transphobic violence has been recorded in all regions . . . Violence against LGBT persons tends to be especially vicious compared to other bias-motivated crimes.”  Data show that homophobic hate crimes often include “a high degree of cruelty and brutality.”

The hate crimes statistics in the report are horrific.  Lifting up the transgender and gender variant population, the High Commissioner reports, “The Trans Murder Monitoring project, which collects reports of murders of transgender persons in all regions, lists 680 murders in 50 countries during the period from 2008 to 2011.”  That said, the effort to collect data on murder and other acts of physical violence against LGBT people is complicated by the practice of nations around the world, either neglecting to collect these statistics, or outright refusing to allow their collection.

While over thirty nations have decriminalized homosexuality in the last two decades, 76 countries still make consensual acts between same-sex persons illegal, and at least five, Iran, Mauritania, Saudi Arabia, Sudan and Yemen, make homosexual conduct punishable by death.

The High Commissioner, Navi Pillay, calls upon the nations of the world to “Repeal laws used to criminalize individuals on grounds of homosexuality for engaging in consensual same-sex sexual conduct, and harmonize the age of consent for heterosexual and homosexual conduct; ensure that other criminal laws are not used to harass or detain people based on their sexuality or gender identity and expression, and abolish the death penalty for offences involving consensual sexual relations.”

Further, High Commissioner Pillay “calls on countries to ensure that no one fleeing persecution because of their sexual orientation or gender identity is returned to a territory where their life or freedom is at threat, and that asylum laws recognize that sexual orientation or gender identity is a valid basis for claiming persecution,” according to the UN News Service.  Ms. Pillay also recently held press conferences appealing to member nations to abolish homophobic bullying leading to the suicide of young LGBT people.

The report intensifies the call to member nations, issued last year by UN General Secretary Ban Ki-moon, to “reject discrimination in general, and in particular discrimination based on sexual orientation or gender identity.”

December 18, 2011 Posted by | Anti-LGBT hate crime, anti-LGBT hate crime murder, Bisexual persons, Bullying in schools, gay bashing, gay men, Gender Variant Youth, GLBTQ, Hate Crime Statistics, Hate Crimes, Heterosexism and homophobia, Lesbian women, LGBT teen suicide prevention, LGBTQ, Social Justice Advocacy, transgender persons, transphobia, United Nations | , , , , , , , , , , , , , , , , , | Comments Off on UN Defends Gay Rights; Calls for the End of Homophobic Violence

Lesbian Police Officer Promoted in Dallas: Congratulations!

Officer Laura Martin, LGBT Liaison Officer for the DPD, receives her promotion badge from Police Chief David Brown

Dallas, Texas – Officer Laura Martin, the Dallas Police Department’s LGBT Liaison Officer, has been promoted to Senior Corporal. According to the Dallas Voice, Martin was one of 37 officers promoted to the rank.  Making her achievement even more notable is that out of 400 who took the exam this year to become Senior Corporal, Martin earned the top score.  She received her badge of promotion for Dallas Police Chief David Brown in a ceremony held the first full week of December.

Martin, a lesbian, has been with the Dallas Police Department for the past 14 years, and has been the department’s LGBT Liaison Officer for the past five years.  She has been instrumental in improving communications between city police and the large Dallas LGBT population.  When crimes affecting the queer community occur, Martin is called in, and she often makes public statements to interpret police actions in sensitive cases.  DPD relationships with gays and lesbians have been rocky in the past, especially in instances when the Oak Lawn/Cedar Springs community was not informed of crimes in a timely manner by the police.  Martin’s advocacy and professionalism have helped sensitize fellow officers to the issues facing the LGBTQ community, and likewise have made gay people feel they have a voice in the department, speaking up for their concerns and rights.

Martin is currently working primarily in the Dallas Police Department’s Northwest Division.  Her duties include membership in a community engagement unit.  When questioned by the Voice about whether this promotion would change her venue or her current duties, Martin said that she did not expect any changes in the near future.

Dallas is fortunate to have the professional service of a fine officer like Senior Corporal Laura Martin as Liaison to the LGBTQ community.  The Unfinished Lives Project Team, who are engaged in anti-LGBTQ hate crimes education and prevention, join Officer Martin’s many friends and admirers to say, “Congratulations, Laura!”

December 18, 2011 Posted by | African Americans, Anglo Americans, Dallas Police Department, GLBTQ, hate crimes prevention, Law and Order, Lesbian women, LGBTQ, Texas | , , , , , , , | Comments Off on Lesbian Police Officer Promoted in Dallas: Congratulations!

Gay Tennessee Teen Takes His Life; Bullied To Death

Jacob Rogers, another gay teen hounded to death

Ashland City, Tennessee – Jacob Rogers, a teenager who cried out to his friend that no one listened to him, and that he was being constantly attacked for being gay, took his own life on Wednesday. Rogers had dropped out of school at Thanksgiving.  He left notes and email passwords for his grandmother, who was his primary guardian, so that she and officials could understand why he took his life.

His friend, Kaelynn Mooningham, told WSMV News, “He started coming home his senior year saying ‘I don’t want to go back. Everyone is so mean. They call me a f****, they call me gay, a queer.'”  Mooningham went on to say that her friend felt ignored and alone, in part because the school’s guidance counselors were unresponsive, and other school officials took no action. “Jacob told me no one was helping him,” she said. “He constantly was going to guidance.”

Other students confirmed Mooningham’s statements. They said that school officials knew some students were tormenting Jacob, but the took no steps to get it stopped.  The school, on the other hand, says that all they knew about was an incident of harassment. The principal of the school said that they had no idea it had gotten out of hand.  Friends and family find that hard to believe, however.  The fact Jacob dropped out at Thanksgiving in his senior year should have been a red flag that something was going very wrong for him

Initially, there was insufficient money to hold a funeral for Jacob.  Then a tattoo parlor started and fund, and news spread around the blogosphere about the need.  Now two other funds at local banks have been opened for the funeral and other expenses, and well-known LGBT bloggers, Dan Savage, Andy Towle, and Joe Jervis have contributed.  A candlelight vigil was held on December 8 at River Bluff Park.  Box Turtle Bulletin listed ways others could help spot and prevent more suicides of LGBT Youth from happening.  Jim Burroway says: “For more information on suicide prevention, research and help-seeking resources, see the American Foundation for Suicide Prevention (AFSP). If you or someone you know needs help, see The Trevor Project’s web site or call the Trevor Lifeline: 866-4-U-TREVOR (866-488-7386).”

December 9, 2011 Posted by | Anglo Americans, Bullycide, Bullying in schools, Dan Savage, gay teens, GLBTQ, harassment, Heterosexism and homophobia, LGBT teen suicide prevention, LGBTQ, LGBTQ suicide, Slurs and epithets, suicide, Tennessee, Trevor Project, Vigils | , , , , , , , , , , , , , | Comments Off on Gay Tennessee Teen Takes His Life; Bullied To Death

Ricky Martin Criticizes Move to Drop Gay Protections from Puerto Rico Law

Ricky Martin speaks out against change in Puerto Rican penal code (AP photo).

Ricky Martin, Latino Superstar, blasted politicians in his home commonwealth of Puerto Rico for seeking to remove gay people from legal protection from bias-motivated hate crimes, according to Fox News Latino. Martin posted a strong statement on his website blog denouncing the move.  In part, he said:

“I am very saddened by the turn the discussion on criminal law has taken in Puerto Rico that proposes to eliminate the aggravating in cases where crimes are committed by prejudice against the victim.”  Martin went on to say, “They ought to do their homework and review the Universal Declaration of Human Rights a bit…which says that everyone – all citizens – are equal before the law and have, without distinction, the right to equal protection under the law.”

Martin’s opposition to the change in Puerto Rico’s hate crimes law comes at a time when the numbers of anti-gay and transgender hate crimes are reaching epidemic proportions.  His voice will help amplify the protests of local LGBT and Dominican activists who are fighting the passage of the amendment in the legislature. In March 2010, Martin came out openly as a gay man, ending years of speculation by the public.  On his website, he said, “I am proud to say that I am a fortunate homosexual man. I am very blessed to be who I am.”  After years of  declining to comment on his sexual orientation, Martin said, “These years in silence and reflection made me stronger and reminded me that acceptance has to come from within, and that this kind of truth gives me the power to conquer emotions I didn’t even know existed.”   Now the father of two young sons , Matteo and Valentino, who were born of a surrogate mother in 2008, Martin took citizenship in Spain in 2011, where he intends to marry his lover.  Though he could be married in certain states in the U.S., he has said he wishes to marry in Spain to acknowledge the work of LGBT rights advocates and Prime Minister Zapatero there.

One of the motivators Martin says moved him to come out publicly as a gay man was the gruesome murder of Jorge Steven López Mercado in 2009.  The gay teen was abducted, dismembered, beheaded, and his remains were left burning along a rural road in central Puerto Rico.  The savagery of the killing awoke the consciences of many on the Island besides Martin, though the numbers of violent attacks against LGBT Puerto Ricans has continued to rise.  López Mercado’s murderer has been convicted, and is serving a 99-year sentence.

December 8, 2011 Posted by | Anti-LGBT hate crime, anti-LGBT hate crime murder, Bisexual persons, Decapitation and dismemberment, gay bashing, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Law and Order, Lesbian women, LGBTQ, Puerto Rico, Social Justice Advocacy, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , | Comments Off on Ricky Martin Criticizes Move to Drop Gay Protections from Puerto Rico Law

Hillary Clinton to the World: “Gay Rights are Human Rights”

Graphic from beingliberal.org on Facebook

Geneva, Switzerland – U.S. Secretary of State Hillary Clinton declared to the leaders of the world that LGBT rights must be a priority for the world community.  As reported by the BBC, Secretary Clinton said in a speech to international diplomats at the Palais des Nations on International Human Rights Day, “Being gay is not a Western invention, it is a human reality.” In a powerful declaration of the full humanity of LGBT people, she refused to excuse discrimination against gay people because of religious beliefs or social mores: “Like being a woman, like being a racial, religious, tribal, or ethnic minority,” Clinton said to the U.N. audience, “being LGBT does not make you less human. And that is why gay rights are human rights, and human rights are gay rights.” Clinton reflects the policy power of the United States government, making it clear that, despite difficulties with allies who discriminate willfully against LGBT people, the Obama Administration will combat discrimination against gays, lesbians, bisexual people, and transgender people using foreign aid and diplomacy to promote change.

On violence against queer people around the world, Secretary Clinton acknowledged that there was still much to be done at home in the United States, where LGBT people were unindicted felons in 14 states as late as 2003 (when the Supreme Court in a 6-3 ruling struck down sodomy laws in Lawrence v. Texas), and many face attacks and all manner of bullying even today.  Still, Clinton argued, “It is violation of human rights when people are beaten or killed because of their sexual orientation, or because they do not conform to cultural norms about how men and women should look or behave. It is a violation of human rights when governments declare it illegal to be gay, or allow those who harm gay people to go unpunished. It is a violation of human rights when lesbian or transgendered women are subjected to so-called corrective rape, or forcibly subjected to hormone treatments, or when people are murdered after public calls for violence toward gays, or when they are forced to flee their nations and seek asylum in other lands to save their lives.”  The effect of these words on the continuing physical violence against LGBT people in the U.S. and throughout the world remains to be seen, but the results could be inestimable, according to Unfinished Lives Project Director, Dr. Stephen Sprinkle. “Today, Secretary Clinton served notice on all who perpetrate violence to terrorize LGBTQ people anywhere in the world that harm against this marginalized population will not be tolerated by civilized people. Cloaking anti-LGBT bigotry in religious or moral special rights is coming to a close,” Sprinkle, an ordained gay Baptist minister, said. “We are reaching the tipping point in the culture wars in this country, and the scales are falling in favor of security and justice for members of the gender variant and sexual minority. United States foreign and domestic policy has entered into a new era of advocacy for LGBTQ people on a par with racial/ethnic minority people, religious minorities, and women.”

Known for her advocacy for women and children, this speech indicates that the rights of LGBT people, always part of Mrs. Clinton’s public agenda, now has moved to a front-and-center priority for the most prominent woman in American politics. The speech was sweeping in scope, announcing that, in words redolent of the U.S. Declaration of Independence, gay rights are “inalienable.”

‎In the moving conclusion to her remarks, Secretary Clinton spoke directly to all gay people who find themselves persecuted and in fear of harm (and, by indirection, to their persecutors, as well): “And finally, to LGBT men and women worldwide, let me say this: Wherever you live and whatever the circumstances of your life, whether you are connected to a network of support or feel isolated and vulnerable, please know that you are not alone. People around the globe are working hard to support you and to bring an end to the injustices and dangers you face. That is certainly true for my country. And you have an ally in the United States of America and you have millions of friends among the American people.” 

The full text of Secretary Clinton’s speech may be found on the State Department website by clicking here.  A link to the full text of the speech, and video of Secretary Clinton delivering it, may be accessed on Huffington Post here.

December 7, 2011 Posted by | Bisexual persons, Bullying in schools, gay bashing, gay men, GLBTQ, Hate Crimes, hate crimes prevention, Heterosexism and homophobia, Hillary Clinton, Lesbian women, LGBTQ, Politics, President Barack Obama, religious intolerance, Sexual assault, Social Justice Advocacy, transgender persons, transphobia, U.S. State Department, U.S. Supreme Court, United Nations | , , , , , , , , , , , , , , , , , , , , , | 1 Comment

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 Hate Crimes in Puerto Rico? Not Any More?

Police view the corpse of murdered gay Puerto Rican, Ezequiel Crespo Hernández, in April 2011 (EDGE photo).

San Juan, Puerto Rico – Puerto Rico’s lawmakers are poised to remove LGBT people from hate crimes protection status with the stroke of a pen.  Although at least 18 LGBT Puerto Ricans have been murdered in hate crimes since 2009, Edge Boston reports that the territory’s Senate passed a bill last month removing LGBT people from protected categories under the hate crimes law that has been on the books since 2004. The exclusion effort now goes on to the House of Representatives for a vote this week in a special legislative session called by Gov. Luis Fortuño.

Outraged by the increasing number of anti-gay hate crimes, local LGBT activists demanded investigations in June.  The Advocate reports that the grisly murder and dismemberment of Jorge Steven López Mercado, a gay teen, ignited the protests that officials were not investigating anti-gay violence under the territory’s hate crimes law. Recently, the strangulation of gay Ezequiel Crespo Hernández, 22, on a public beach in Camuy, and a gas station assault on transgender woman Francheska González  so brutal that it punctured her breast implant, intensified the call for justice to be done. Three more LGBT Puerto Ricans, Alejandro Torres Torres, Karlota Gómez Sánchez and Ramón “Moncho” Salgado, were also found dead within a three-day period in June. “It seems they have declared open hunting season against lesbian, gay, bisexual, transgender and transsexual people,”  Pedro Julio Serrano, founder of the gay rights group Puerto Rico for Everyone, said to the Associated Press. In response to rising criticism, Puerto Rico’s Attorney General directed an investigation into the application of the hate crimes law. Opponents of the LGBT community responded by quietly acting to remove queer folk from the penal code’s protection.

The penal code revision is drawing criticism from legislators and activists alike. The Advocate says Representative Héctor Ferrer and Sen. Eduardo Bhatia are among the most outspoken critics of the change. Ferrer, speaking at a press conference on Sunday, said,  “To eliminate these groups as protected categories is to invite the commission of hate crimes in Puerto Rico. It is a setback in the country’s public policy.” Bhatia added his voice, saying, “In an advanced society, this is dangerous for society.”  After the proposed amendment removing LGBTs from hate crimes protection, the only categories of persons who would be protected by the law in Puerto Rico would be political affiliation, age, and disability.

Activist Serrano told EDGE, “Basically they took out the communities hardest hit by hate crimes in Puerto Rico out of the hate crimes statute,” Serrano told EDGE, referring the LGBT community and Dominicans who come to the island for work. “It’s an outrage and now we’re calling upon the House to restore this to where it should be.”  Protests and marches against the provision are planned this week throughout island. Serrano, referring to adversaries of the LGBT community, added, “They’re trying to do it under the radar and that’s how it went for a while. Under our watch, we’re not going to let this happen.”

December 5, 2011 Posted by | anti-LGBT hate crime murder, Decapitation and dismemberment, gay bashing, gay men, GLBTQ, Hate Crime Statistics, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Law and Order, Legislation, LGBTQ, Politics, Protests and Demonstrations, Puerto Rico, Social Justice Advocacy, transgender persons, transphobia | , , , , , , , , , , , , , , , , , | Comments Off on Gay Hate Crimes in Puerto Rico? Not Any More?

Dallasite Michael Parish Honored Nationally for Fighting HIV/AIDS

Michael Parish, Outreach Coordinator for the Resource Center of Dallas

Dallas, Texas – Michael Parish, 24, has been recognized by the widely-read LGBTQ blog Queerty for his advocacy in combatting HIV and AIDS.  The post, “Born into the Epidemic: Five People Under 30 Who are Fighting HIV/AIDS,” honors Parish for his work in North Texas as Outreach Co-Ordinator for the Resource Center of Dallas, one of the nation’s largest full-service centers for LGBTQ people.  A native of Waco, Parish served as a volunteer for four years at the Center until he was hired in 2010 to educate on HIV prevention and safer sex practices, as well as offer STD screenings on the weekends.

Parish says that the greatest obstacle LGBTQ people have to face in the struggle with AIDS is giving up.  He said to Queerty, “LGBT people . . . ‘throw in the towel’ when it comes to fighting HIV. They’ve been made to believe that they specifically are ‘destined’ to contract HIV. But if you remove ‘LGBT’ and insert another category of people and say the same thing, you would see the sheer ludicrousness of such a belief. [Fighting that sense of inevitability] is the biggest challenge.”

Commending the choice of Parish for this select honor, Dr. Stephen Sprinkle, Director of the Unfinished Lives Project, said, “Michael is a sign of hope among all LGBTQ people, and for 20-somethings in particular. The struggle against this unrelenting disease needs renewed support at this time, when members of the LGBTQ community seem to believe they are either immune to HIV/AIDS, or falsely assume that if they contract the virus, drugs will simply take care of its effects. Michael and the rest of the staff of the Resource Center of Dallas know there is only one way to effectively fight back, and that is through education, early testing, and safer sex.  Well done, Queerty and Michael Parish!”

The other four commendatoris are: Jaszi Johnathan Alejandro, 25, Community Health Specialist from New York, NY; Greg Zhovreboff, 28, Community Organizer from San Francisco, CA; Julian Dormitzer, 23, Clinical Research Nurse hailing from Boston, MA; and Brant Miller, 25, HIV Program Associate in Washington, DC.  On this World AIDS Day and every day, the Unfinished Lives Project Team congratulates them all, and the many other unsung heroes in the fight against HIV/AIDS they represent.

November 30, 2011 Posted by | African Americans, gay men, GLBTQ, HIV/AIDS, LGBTQ, Queerty.com, Resource Center of Dallas, Social Justice Advocacy, Texas, World AIDS Day | , , , , , , , , , | 7 Comments

Alleged Butcher of Richard Hernandez Wins Mistrial for Meds Excuse

Seth Winder

Denton, Texas – For the second time in a history of delays and postponements, Richard Hernandez’s alleged murderer was ruled “incompetent to stand trial” on November 18 by a Denton County judge.  Seth Winder, 31, was ruled unable to assist in his own defense by District Judge Bruce McFarling after an examination finding him either unmedicated for his diagnosed mental impairment, or insufficiently dosed, according to the Crime Blog of the Dallas Morning News.  Winder exhibited nearly catatonic behavior during the third day of the trial–evidencing that he had received none of his prescribed drugs for his schizophrenia, or that he had been spitting out and hiding his nighttime dosages, perhaps for weeks before the trial began. No explanation was given for how Winder could have been considered fit for trial on November 16, but zombie-like two days later.  Neither was there an explanation of how jailers and med staff at the Denton County Jail could have so woefully neglected to make sure their smart-though-impaired inmate took his meds as directed and actually swallowed them.

Instead of completing the trial process for the gruesome murder and dismemberment of the openly gay Dallasite, Winder was sent to the North Texas State Hospital in Vernon for treatment.  The Dallas Observer speculates that Winder may not ever face trial again for the Silence-0f-the-Lambs-style butchery of  38-year-old Hernandez, whose body was never found–save for his internal organs left in the bathtub of his Far North Dallas apartment in September 2008.  This marks a second instance that Winder was found unfit to stand trial because of mental issues, the first being in May 2009.  Observer reporter Brantley Hargrove found legal opinion divided on whether the Colony resident will have another day in court.  Winder’s Defense Attorney, Derek Adame, says he seriously doubts another trial will take place. Denton County Assistant District Attorney Cary Piel, however, believes Winder will face judge and jury again, probably in April 2012.

Winder stands accused of murdering Hernandez in the gay man’s apartment, though the reasons for their relationship remain murky.  Both the Morning News and the Observer repeated the unproven allegation that the victim and his supposed killer were gay lovers.  Hernandez’s best friend, Rudy Araiza, has staunchly denied the possibility that Winder and Hernandez were ever “lovers,” and makes that point again in a blog response to the Dallas Morning News allegation. “Richard and Seth were ‘Never’ boyfriends!” Araiza said. “I’m not sure why this newspaper is making that statement, I knew Richard for 22 years, I would know!”  It may be another instance in which a grisly anti-gay hate crime is toned down for public consumption by partially blaming the victim for his own demise.  Media around the country have a notorious record for succumbing to this sensationalist temptation.  Investigators said they found pornographic pictures of Winder on the cell phone he lifted from the Hernandez apartment, though no proof has been offered of who took the images, or what they actually depict.

Although the murder weapon was never found, police did retrieve a sword stained with Hernandez’s blood in the tent where Winder was living. Detectives say that Winder used the sword to cut up the gay man’s body.  The dismembered parts of the victim were probably disposed of in a nearby dumpster, and then buried under tons of garbage in a landfill, making the body impossible to locate.  Winder’s use of Hernandez’s credit cards led police to arrest him.  Witnesses placed Winder in Hernandez’s apartment complex at or near the time of the gay man’s disappearance. Forensics found that the blood stains on Winder’s clothing and shoes were a genetic match to the victim.

So, Seth Winder, either crazy like a fox, or a neglected patient (or both), has avoided the jury again.  Meanwhile, Richard Hernandez, who in death cannot answer the innuendo against his character, receives no justice.  The eerie quiet throughout North Texas surrounding this latest trial development in one of the most heinous crime cases in Dallas history seems to confirm  that many have an investment in hushing the whole thing up. Which would not be the first time such a thing has happened in Texas when it comes to violence against the LGBTQ community.

November 30, 2011 Posted by | Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Decapitation and dismemberment, Evisceration, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Law and Order, LGBTQ, Media Issues, Perpetrators of Hate Crime, Texas | , , , , , , , , , , , , , , | Comments Off on Alleged Butcher of Richard Hernandez Wins Mistrial for Meds Excuse

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