Unfinished Lives

Remembering LGBT Hate Crime Victims

Gay and Baptist: How an Oxymoron May Save the Church Yet

The Rev. Maurice "Bojangles" Blanchard, Baptist minister arrested for attempting to marry his spouse in Kentucky [USAToday image]

The Rev. Maurice “Bojangles” Blanchard, Baptist minister arrested for attempting to marry his spouse in Kentucky [USAToday image]

Louisville, Kentucky – An ordained gay Baptist preacher and his life partner who were refused a marriage license in Jefferson County accepted arrest rather than betray their Christian conviction that anti-gay laws are unjust. By implication, the Rev. Maurice “Bojangles” Blanchard and his husband, Dominique James, both members in good standing in a local Baptist congregation, stood in contradiction to the widely held cultural and spiritual assumption that gay people are “abominations” before God, and should have none of the common rights to marriage afforded to all other citizens by the civil state.  Despite the shockwaves their non-violent protest is sending throughout evangelical Protestantism and Baptist life in particular, their act of conscience may save the church yet.

The facts of the protest action carried out by the Rev. Bojangles and Dominique are these:  on Tuesday, January 22, the couple, wearing crosses on their ski caps, requested a license to marry from the Clerk’s Office, and were refused. When asked why she refused them, Ms. Sandy Byerly, manager of the license office, said that she was upholding the law of the Commonwealth of Kentucky, which wrote anti-gay discrimination into the state constitution in 2004 by an amendment saying that “only a marriage between one man and one woman shall be a marriage in Kentucky,” according to the Louisville Courier-Journal.  Further, any clerk who willfully defies state law and issues a marriage license to a same-sex couple anyway will be removed from office and is subject to a year in jail.  After the refusal by the clerk, the gay couple staged a peaceful pray-in until they were arrested and charged with trespassing at 5 p.m., when the clerk’s office closed for the day.  Offered the option of being cited for the offense rather than being arrested, the Baptist preacher and his spouse told the Metro Police officer that they had a “spiritual obligation” to resist the injustice of a law that denied them their civil right to marriage.  As the Rev. Bojangles said prior to entering the clerk’s office, “If we don’t act, we are accomplices in our own discrimination. We have to resist.”  The couple was led to a waiting patrol car, and were transported to the Metro Corrections Center where they were booked.  Jefferson County Clerk Bobbi Holsclaw told reporters that the ordained minister and his spouse were protesting in the wrong place. Instead of disturbing the clerk’s office, she said, they should instead have taken their argument up with the state legislature.

Selah (Hebrew for “pause”–found in the Book of Psalms).

The vast majority of Christians in the United States consider themselves law-abiding citizens, and shy away from public acts that defy law and order.  Among ordained ministers, the aversion to any controversial word or deed, inside or outside of the congregation, is particularly high.  Preachers, by-and-large, consider the office of prophet to be a historic artifact of First Testament history, not an obligation for modern spiritual shepherds.  Prophetic action of the sort the good Reverend took in the county clerk’s office is decidedly not a career enhancing choice.  Controversy in the ministry can get ministers fired, and their families booted out of the parsonage.

The Rev. Bojangles knew all of that–but he acted anyway, in obedience to the spiritual dictates of his conscience and in solidarity with LGBTQ people in over thirty states where same-sex marriage has been outlawed by constitutional amendment. As he told the Courier-Journal, he felt anxiety about the prospect of arrest, but he and his spouse of six years were “trusting in God and deeply called to do this.”  They faced the humiliation and degradation of the refusal in the clerk’s office, they said, in order “to stand up for ourselves and countless others.”

Selah, again.

Gay Baptist spouses stage peaceful pray-in until arrested in Jefferson County Clerk's Office

Gay Baptist spouses stage peaceful pray-in until arrested in Jefferson County Clerk’s Office

Both gay men are members of Highland Baptist Church in Louisville, the church that ordained Bojangles in May of last year.  Highland’s Pastor, the Rev. Joe Phelps, said that Bojangles and Dominique let him know what they were going to do prior to the peaceful protest. Pastor Joe also acknowledged that he understood there would be considerable friction for the church because of what these two Baptists were intending to do.  Yet, neither he nor the good Baptists of Highland Church have flinched at the storm of publicity whipped up since their Timothy (a term for a member ordained by a local church to the ministry, harking back to the example of the Apostle Paul’s protégé Timothy) and his husband withstood the anti-gay, anti-same-sex marriage law. In a public statement to the church and the world at large, Pastor Joe wrote on January 24, “As for my reaction to Bojangles and Dominique’s action: I’m proud to pastor a church where members are willing to put their reputations on the line in order to challenge unjust laws in a manner that is respectful and non-violent.”

While Christians and others of good conscience may justly disagree over the specifics of the deeds of Bojangles and Dominique, and in general oppose one another’s views on same-sex marriage and the status of LGBTQ people in the church of Jesus Christ, Pastor Joe said he had to stand with his parishioners, and he believed that their sisters and brothers in the faith should, as well. “And I do believe that the laws against same-sex marriage are unjust,” he went on to say. “We experienced the consequence of this just last week, when the five-year partner of a man in critical condition in the ER had to wait several hours until a ‘legitimate’ next-of-kin arrived before being told that he had died on the scene.”

Pastor Joe concluded, “There can be debate about whether the arrest is good or bad for the cause of civil rights for LGBT persons, but that they acted with integrity and the convictions of their hearts cannot be debated.”

Such words and deeds are rare in any Christian circles these days, on the so-called religious right or progressive left.  Matter of fact, putting words like “gay,” “ordained Baptist minister,” and “civil disobedience” together affirmatively in the same sentence feels like a bald-faced oxymoron: a brain-aching contradiction in terms! But given the damage done to the lives, psyches, and families of LGBTQ people in the name of religion, decisive action to reverse the course of prejudice in the faith community looks essential, if the church is to be true to its Savior and its own soul.  These days, encounters with such amazing oxymorons may be the only way the church can be awakened to its true role in society: speaking and acting FOR the underdogs of this world, and not against them.

Leander E. Keck's "Who is Jesus?"

Leander E. Keck’s “Who is Jesus?”

Some might call the stand Pastor Joe, the Rev. Bojangles, and Br. Dominique took as action “for the sake of Jesus Christ” as well as for the underdogs of today’s world. Professor of New Testament Leander E. Keck wrote in his landmark book, Who Is Jesus? History in Perfect Tense, that voluntarily becoming despicable in the eyes of society is a powerful characteristic of taking up Jesus’ work among the outcast and the despised of every age–in effect, facing the risks “for Jesus’ sake.”  Of such courageous souls, Keck notes, “Such persons usually do not talk of their own suffering but talk of others’ for whose sake they are ready to accept what may befall them.”  In this day and age, these words could have been penned expressly for oxymoronic Baptist preachers and those who cherish them who stand up to the opprobrium heaped on LGBTQ people.  “Such voluntarily suffering,” Keck wrote, “has two names: one is love, the other is Jesus–in perfect tense” (p. 183).

Will the real Christians of this age please stand up?  Some are, apparently, accepting despicable consequences on behalf of the outcasts, and “for Jesus’ sake,” as well.

Amen.

January 27, 2013 Posted by | Baptist Church, gay men, GLBTQ, Kentucky, KY, Law and Order, LGBTQ, Marriage Equality, Maurice "Bojangles" Blanchard, Protests and Demonstrations, Public Theology, religious intolerance, Same-sex marriage, Social Justice Advocacy | , , , , , , , , , , , , , , , | 5 Comments

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.

January 8, 2012 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, Blame the victim, gay bashing, gay men, gay panic defense, GLBTQ, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Perpetrators of Hate Crime, Slurs and epithets, Social Justice Advocacy, Wisconsin | , , , , , , , , , , , , , , , | 1 Comment

Gay Couple That Changed the World: John Lawrence and Tyrone Garner Remembered

Tyrone Garner (l) and John Lawrence celebrate Lawrence v. Texas.

Houston, Texas – Lawrence v. Texas, set in motion by a couple of accidental gay activists, broke the back of anti-sodomy laws in the United States. What they did amounts to the “Brown v. Board of Education for gay and lesbian America,” according to Harvard constitutional law expert, Laurence Tribe.  Yet when John Geddes Lawrence, aged 68, died on November 20 of heart disease at his home in Houston, no mention of the landmark Supreme Court decision was made in the obituary or at his funeral.  Tyrone Garner, the other half of this remarkable couple, had preceded Lawrence in death back in 2006. Only when a lawyer in the case, Mitchell Katine, called Lawrence to invite him to a ceremony commemorating the law-changing decision, did he receive word of Lawrence’s passing from his life-partner, according to the New York Times.  Katine let the rest of the world know that an inadvertent giant in the struggle of LGBTQ equality had died.

Lawrence and Garner were arrested on September 17, 1998 for sodomy in a private home by Houston Police.  The police had been called in to investigate a false weapons report by a jealous former lover of Lawrence’s, who admitted he had falsified the report as an act of revenge. Nonetheless, the arrest went down, and Lawrence and Garner, who had hooked up earlier that day, were thrust by events upon the stage of history.  Lawrence was angry at the arrest, feeling that his privacy had been violated unjustly. That anger was a fire in his belly that saw the case through lower courts to the U.S. Supreme Court for its decisive ruling of June 2003, striking down anti-sodomy laws in fourteen states.  Writing for five of the six Justices on the prevailing side, Justice Anthony Kennedy declared, “The petitioners are entitled to respect for their private lives. The state,” he continued, “cannot demean their existence or control their destiny by making their private sexual conduct a crime.”  A compilation of documents and the text of Lawrence v. Texas, provided by Justia.com, the U.S. Supreme Court Center, may be accessed here.

We cannot overestimate the significance of John Lawrence and Tyrone Garner’s decision to fight back against an unjust law.  So much hung in the balance. They were not professional activists, the rainbow-flag-waving kind.  They were simply two gay men, attracted to each other, whose right to privacy was trampled by a legal system that upheld a heterosexist status quo.  One black, one white, this gay couple set the wheels in motion for every forward step in human rights since 2003: the passage of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, the repeal of Don’t Ask, Don’t Tell in 2010, and its full implementation by the Joint Chiefs of Staff, the Secretary of Defense, and President Barack Obama in 2011, and the whole raft of same-sex marriage laws passed on the state level around the nation.

Professor Dale Carpenter, who wrote a recent book on Lawrence v. Texas, interviewed John Lawrence.  In conversation, this unassuming naval veteran and obstinate gay man asked Carpenter, “Why should there be a law passed that only prosecutes certain people? Why build a law that only says, ‘Because you’re a gay man you can’t do this. But because you’re a heterosexual, you can do the same thing’?”  Tyrone Garner told the Houston Chronicle in 2004 that he took quiet pride in the role he played in history.  “I don’t really want to be a hero,” Garner said. “But I want to tell other gay people, ‘Be who you are, and don’t be afraid.’ ”

Sometimes a couple of men get mad, and dig in, and the world changes.  That is what the LGBTQ community owes John Lawrence and Tyrone Garner. Because of their courage, the United States justice system has changed forever.

December 26, 2011 Posted by | African Americans, Anglo Americans, Don't Ask Don't Tell (DADT), gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, Law and Order, Lawrence v. Texas, LGBTQ, Marriage Equality, Matthew Shepard Act, Remembrances, Repeal of DADT, Social Justice Advocacy, Texas, U.S. Supreme Court | , , , , , , , , , , , , , , , , | 2 Comments

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

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!

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

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?

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

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.

November 22, 2011 Posted by | African Americans, Anglo Americans, Anti-Gay Hate Groups, anti-LGBT hate crime murder, Blame the victim, 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, transgender persons, transphobia | , , , , , , , , , , , , , , , , , | Comments Off on McInerney Pleads Guilty to 2nd-Degree Murder for Executing Larry King

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