Judge Rules Mistrial in Duanna Johnson Civil Rights Case: One Juror Hangs Federal Jury
Duanna Johnson, slain transwoman
Memphis, TN – A federal judge in Memphis has ruled for a mistrial in the case of former Memphis Police Officer Bridges McRae, on trial for violating Duanna Johnson’s civil rights. Memphis LGBT advocates are calling the decision “a failure of the justice system,” according to myeyewitnessnews.com. Johnson, a transgender woman of color, was repeatedly punched and beaten by McRae with handcuffs wrapped around his knuckles and pepper-sprayed as she was being processed for a prostitution charge at a Memphis police station on February 12, 2008. The beating was captured on a police surveillance tape, and reaction to the video prompted an immediate investigation resulting in the firing of McRae and a second officer, James Swain. Johnson had filed suit against the city on the basis of the videotape and the testimony of witnesses who declared that the brutal beating was unprovoked. Nine months later, as the New York Times reports, Duanna Johnson was shot to death with a bullet to the head on the night of November 9, 2008. Johnson’s murder, which remains unsolved, prompted intense scrutiny on the original beating case, and charges were filed in federal court for violation of the transwoman’s civil rights. Besides the controversial videotape of her beating, five witnesses testified in court that the attack on the 6’5″ 250 lb. Black transwoman was wanton, there being no reason for it in her behavior. Will Batts of the Memphis Gay and Lesbian Center, who had watched the surveillance tape repeatedly, said to myeyewitnessnews.com, “[The beating] looked to be unprovoked. It looked to be excessive on the part of the police officer. It looked to be just an attack on someone in a police station with other people standing around. And it was just incredibly violent.” McRae’s attorney argued that his client was simply exercising necessary force to subdue Johnson, blaming her for resisting arrest. Eleven jurors were convinced of McRae’s guilt. One was not, however, and after the jury deadlocked, the judge declared the mistrial. The Memphis LGBT community refused to take the news lying down. A rally in protest of the judge’s ruling will take place April 20 in front of the Federal Courthouse. “Would it have been different if Duanna were not transgendered,” Batts asked in a press interview. “If it were just an average person from the suburbs that happened to be sitting in that jail room on that day and had this kind of response from the police, would the decision be different?” Both the prosecution and the defense are to meet with the judge to determine a date for a new trial for McRae.
Murder Most Foul: Transgender Holocaust in the United States
Chicago, IL – The Great Lakes Regional Editor of EDGE reports that the slaughter of transgender persons in the United States has already gone 12 per cent higher than last year at this time, and the grim statistics are growing. Joseph Erbentraut, in his important essay, “Violence Against the Transgendered Only Getting Worse,” published on edgeonthenet.com, notes that the silence and invisibility common to LGBT hate crime murders is intensified for transgender Americans. As in the case of Paulina Ibarra, the lives of transgender victims are often ignored until a more culturally sensational aspect of the crime surfaces, as it did in the August stabbing death of the East Los Angeles Latina transwoman when a known parole jumper surfaced as a “person of interest” in the investigation. Until then, Ibarra’s brutal murder was largely neglected, even by the LGBT press, and her life has been reduced to a string of seamy innuendoes and a few glam photos. Other notorious instances this year have been the broad-daylight attack on Ty’lia “Nana Boo-Boo” Mack in D.C. last month, Lateisha Green, shot to death in Syracuse, NY last November, Angie Zapata, bludgeoned to death with a fire extinguisher in Greeley, CO last July, and Duanna Johnson and Ebony Whitaker who died on the streets of Memphis, TN last November and July, respectively. According to Erbentraut, the media are largely to blame for this stunning neglect of one of the most important human rights stories of 2009: “Underreporting from official statistics leaves the issue in the hands of media outlets, which have historically been known for problems identifying victims’ genders through using incorrect names and pronouns,” he writes. “The past year has also seen a number of examples of media programs condoning violence against the community,” Erbentraut continues, “including a radio news program on KRXQ Sacramento which referred to gender dysphoric children as ‘idiots’ and ‘freaks.’ Co-host Arnie States said he ‘[looked] forward to when [transgender children] go out into society and society beats them down…'” While 32 states have some form of hate crime legislation that increases the penalty for violence against LGB people, only 11 have statutes covering their transgender population. Only Brazil, with 80 transgender murders this year, has a larger number of transgender killings than the United States. Until gays, lesbians, and bisexual people and their allies begin to take violence against transgender people, especially transgender people of color, as seriously as they do crimes against themselves, this deplorable trend will surely continue.
Serial Hate Crimes Against LGBTs Up 63% in Colorado
Denver – In a report by the National Coalition of Anti-Violence Programs issued Tuesday, the numbers of anti-LGBT hate crimes in the Centennial State jumped 63% in one year. Among the 2008 murders of queer folk was the notorious beating-death of 18-year-old Angie Zapata, a transgender Latina living in Greeley. Allen Ray Andrade, a date, repeatedly bashed Zapata with a home fire extinguisher until she succumbed. Andrade’s conviction for murder under Colorado’s Hate Crime Law was a landmark moment, demonstrating to the nation how significant hate crime enhancements can be in penalizing fatal bias-related attacks against LGBT people. Though he used a version of the trans-panic defense to excuse his actions, arguing that Zapata had somehow deserved her death because of “deceiving” him as to her biological gender, Andrade was sentenced to life in prison with no possibility of parole. According to the Denver Daily News, the Colorado Coalition of Anti-Violence Programs (COAVP) expressed concern over the 24% spike in the number of offenders, meaning that multiple perpetrators attacked a smaller number of victims during the past year. This indicates that certain victims of anti-LGBT hate crimes are targeted for violence that unfolds in a spectrum from verbal harassment to physical attack by more than one antagonist. While this disturbing feature of homophobic and transphobic violence had been suspected by gay rights activists, this report in Colorado is the first to confirm their fears. The percentage of victims also rose significantly during 2008. While the nationwide average rise in victims of harassment, bashing, and murder was 2%, the Colorado numbers moved up a full 8%. Added to the increases of reported violent attacks against LGBT people in Minnesota, Michigan, California, and Tennessee, the Colorado hate crimes statistics contribute to a growing sense that a full-scale national trend of increasing harm against members of the sexual minority is in the offing.
Anti-LGBT Hate Crimes the Highest Since 1999
Anti-LGBT violence is up 28% in one year
As Stonewall 40 approaches next week, a New York-based coalition of anti-violence programs reports that bias crimes against LGBT people rose 28% from 2007 to 2008. The National Coalition of Anti-Violence Programs (NCAVP) confirms the grim trend Unfinished Lives has been reporting for months: hate crimes against members of the sexual minority are not only higher than at any time in a decade, but the degree of brutality in the execution of these crimes has also intensified. Marcus Franklin of the Associated Press notes for the Huffington Post that the 29 confirmed bias-related murders of queer folk in 2008 reported by the NCAVP matches the number of similar killings it registered in its 1999 report. The Unfinished Lives Project has noted dramatic increases in anti-LGBT murders and assaults since the latter part of 2008 in California, Michigan, Minnesota, and Tennessee, and has highlighted the extreme savagery of these attacks as in the case of 45 stab wounds in U.S. Army veteran Michael Scott Goucher’s murder in East Stroudsburg, PA, and Duanna Johnson’s shooting death in Memphis, TN. The Huffpost article issued today quotes Sharon Stapel, executive director of the New York Coalition of Anti-Violence Programs, which co-ordinates the NCAVP nationally with pointing to an increase of violence during the presidential campaign last fall, as well as ominous increases during the high-profile national debates over same-sex marriage, the possible passage of the Matthew Shepard Hate Crimes Prevention Act, the Employment Non-Discrimination Act (ENDA), and the proposed repeal of the Defense of Marriage Act (DOMA) and Don’t Ask/Don’t Tell (DADT). “The more visibility there is the more likely we’re going to see backlash, and that’s exactly what we see here,” Stapel said. Since the NCAVP reports anti-Transgender hate crimes in distinction from the annual FBI’s hate crimes report that does not, Stapel is able to reference a more accurate picture of the landscape of peril in which LGBT Americans find themselves. Even so, organizations from only 25 of the 50 states report to the NCAVP, indicating that the
Duanna Johnson, Transwoman, murdered in Memphis
actual number of bias-related hate crimes against LGBT people may be much higher. Additional factors arguing for higher numbers of these crimes than are reported by either the NCAVP or the FBI are the stigma and despair often associated with violent crimes against queer women and men. Local law enforcement agencies tend to skew their investigations away from anti-gay or transgender motives as a reflection of the bias rampant in their home locales. Victims often fear exposure and media scrutiny for themselves and their loved ones, and therefore do not report crimes against their persons. LGBT victims are often discredited as sources of reliable information and are routinely blamed somehow for their own misfortune. Finally, as the Unfinished Lives Project has noted in repeated instances, American heterosexism and homophobia have created a climate for LGBT people such that their lives and deaths are valued less than those of other people, causing reports of attacks and murders against them to be far less likely to gain attention.
The high-profile events surrounding Pride 2009 will be a tempting target for hate groups around the country. At no time since the murder of Matthew Shepard in 1998 has the public presence of LGBT people and their allies been more significant than this season.
Epidemic of Transphobic Violence Breaks Out in Memphis Again
Terron Taylor, accused of shooting transwoman Kelvin Denton
Memphis, TN – For the fifth time since 2006, a transgender woman of color has been shot in the streets of Memphis, Tennessee on May 27. Authorities report that Kelvin Denton, an African American transitioning from male to female, was shot in the neck and face by an assailant who did not like the way she presented her gender identity. Ms. Denton is in critical condition as of this writing. After being shot, Ms. Denton managed to run from the scene of the shooting at the Peppertree Apartments, until finally collapsing near the Whitehaven Community Center. Police arrested Terron Taylor for the crime, who said that he felt he had been “misled” about the gender identity of his victim. Such early testimony indicates that the defendant will be using some version of the trans-panic defense to justify his violent attack on Ms. Denton. Taylor is being held on $500,000 bond in Shelby County on two charges: attempted second degree murder and using a firearm to commit a felony. The Tennessee Transgender Political Coalition is urging the swift and aggressive prosecution of Taylor for the crime. Tiffany Berry was shot and killed in Memphis in 2006, as well as Ebony Whitaker and Duanna Johnson in 2008. Leeneshia Edwards was also shot in 2008, but survived. The ferocity of these attacks calls for renewed action on the part of the Metro Memphis authorities to put a stop to the violence against transgender people, especially trans people of color.
Tennessee Anti-LGBT Hate Crimes Up Dramatically
The Tennessee Bureau of Investigation (TBI) released statistics on May 28 showing a massive spike in 2008 hate crimes in the Volunteer State, up 38% over 2007. While the largest number of bias-related crimes was against African Americans (a number actually slightly down from 2007), the second largest percentage of violent attacks was against members of the sexual minority–11.8% of the total for 2008. Reported acts of hate violence against LGBT people in Tennessee increased just a whisker shy of 13% over the previous year. The entire report in .pdf format may be viewed by going to the TBI website. The largest category of hate crimes in the 2008 report was bias crimes of unknown motivation. The numbers of anti-LGBT hate crimes almost certainly will rise when more of these crimes yield evidence about the class or group against whom they were perpetrated. The Unfinished Lives Project has previously highlighted the steep rise in attacks on transgender women of color in Memphis. Representative of these brutal crimes was the killing of Duanna Johnson of Memphis, who was murdered in November 2008 after lodging a $1.3 million dollar lawsuit against the city for a savage beating police gave her which was caught on a jailhouse camera earlier in the year.
Pattern of severe of anti-LGBT violence increases nationwide
The Hate Crimes Bill has provided an excellent summary of a new report by the National Coalition of Anti-Violence Programs showing anti-LGBT violence has been on the rise since the murder of Lawrence “Larry” King in Oxnard, California, at the beginning of this year.
“The National Coalition of Anti-Violence Programs (NCAVP) reports a recent rash of at least 13 brutal and violent hate crimes that have occurred throughout the country on the heels of the murder of 15 year-old Lawrence King in Los Angeles and the brutal beating of Duanna Johnson, both in February of 2008,” says the Hate Crimes Bill’s website. “NCAVP reports that these hate crimes may indicate a frightening trend of increases in both the number and severity of anti-LGBT violence.”
The NCAVP findings come after several anti-LGBT hate crimes, including the police beating of a transgender woman in Memphis, Tennessee; the harassment and beating of a gay man on a New York subway; the murder of a transgender woman in Memphis, Tennessee; the alleged police beating of a gay man in Greeley, Colorado; the beating of a priest in Queens, New York, for protecting a group of LGBT youth living at a shelter for homeless youth; the midnight home-invasion and arson, in Central New York, by a self-proclaimed Neo-Nazi, who targeted a sleeping 65-year-old gay man (the victim was able to flee the home, unhurt); the fatal bludgeoning of 18-year-old Angie Zapata, a transgender Latina woman in Greeley, Colorado; the beating of gay man Jimmy Lee Dean, in Dallas, Texas, whose injuries were so severe that he was in intensive care and could not be interviewed or identified until five days after the crime; the severe injury of a man in upstate New York, whose two assailants beat, kicked, and shouted anti-gay slurs until they had broken ten bones in their victim’s face; the attack against an 18-year-old living in St Helens, in the United Kingdom, who died a week later from his injuries; the (at least partially) anti-gay-motivated shooting rampage in a Knoxville, Tennessee, church that claimed two lives and wounded seven others; the mob-beating and stabbing of a man perceived to be gay in Staten Island, New York; the ongoing and escalating harassment (for nearly 8 years) of a gay male couple living in Cleveland, Ohio, by anti-gay neighbors; and the ongoing and escalating harassment (for nearly 20 years) of a gay male couple living in a rural Pennsylvania town, who have suffered incidents of gunfire, vandalism, stalking, acts of intimidation, and the indifference from local police.
In a grim coincidence, more than one anti-LGBT hate crime has occurred in both Memphis, Tennessee, and Greeley, Colorado, since the beginning of 2008.
Unfinished Lives also offers our own analysis of the significance of anti-LGBT hate-crime statistics in the United States. The NCAVP’s findings and the Hate Crimes Bill’s detailed summary confirm what has been a growing concern for LGBT persons living in the United States.
With sorrow and sympathy
We at the Unfinished Lives Project convey our deepest sympathy to the Rev. Chris Buice and the members of Tennessee Valley Unitarian Universalist Church. We are concerned especially for the children of the congregation who were putting on their stage version of “Annie, Jr.”, and for the families of Greg McKendry and Linda Kraeger, who have both died as a result of gunshot wounds. Our prayers and thoughts are with the six other members of the church who were wounded in this senseless attack.
Tennessee Valley UU has been courageously advocating for LGBT people and for other social justice causes since the 1950s. In grief at the loss they have endured, and in hope for a better world, we stand together with them.
Stephen V. Sprinkle
Director
The Unfinished Lives Project
View an Associated Press video reporting the violent incident:
As Ebony Whitaker laid to rest, hate crime concerns continue in Memphis
According to a July 8 Out & About Newspaper article, the murder of transgender woman Ebony (Rodney) Whitaker has raised concerns about anti-gay violence in Memphis, Tennessee. As Whitaker’s body was laid to rest on Monday, the Tennessee Transgender Political Coalition (TTPC) called upon the Memphis Police Department to be more responsive when it comes to crimes committed against the transgender community.
Whitaker’s murder is considered the latest in a string of violent crimes against transgendered persons in Memphis. TTPC president Marisa Richmond said that the unsolved murder of Tiffany Berry and the police beating of Duanna Johnson point to an unacceptable trend of violence. “The lack of response by the Memphis Police Department,” says Richmond, “has set a tone in the community that the lives of transgender people, especially African-American, are irrelevant.”
Watch the video of Duanna Johnson’s beating by Memphis Police in February.
For more information about Ebony (Rodney) Whitaker, read a related article at the Memphis Eyewitness News website.
Murdered transgendered woman a possible hate crime victim
Memphis police are investigating the death of Rodney Whitaker, age 20, an African American transgendered woman who was found on July 1, 2008, in Memphis, Tennessee.
While police are currently investigating the circumstances of the crime, says Tennessee Equality Project President Christopher Sanders, there is reason to believe that Whitaker’s murder was a hate crime fueled by “transphobia.”
Whitaker’s murder is the latest in a string of hate crimes against the Memphis transgender community. This week’s murder follows the February 16 murder of African American transgendered woman, Tiffany Berry.
Read the original article at the Out & About online newspaper.
Read a related article at the Memphis Eyewitness News website.
About
If you are a first-time visitor to the Unfinished Lives Project website, we invite you to read A Welcome Message introducing you to our project. We are truly grateful for your visit.
The Unfinished Lives Project website is a place of public discourse which remembers and honors LGBTQ hate crime victims, while also revealing the reality of unseen violence perpetrated against people whose only “offense” is their sexual orientation, gender identity, or gender presentation. LGBTQ people in the United States are suffering a slow-rolling decimation of terror and murder all across the country. Every locale and demographic of society are affected: First Nations, Anglo, Black, Latino and Latina, South and Southeast Asian, Transgender, Bisexuals, Gay men, Lesbians, disabled, young, and mature. Homophobia has a long, crooked arm, and it is reaching out to snatch the life away from women and men whose tragic stories are under-reported to begin with, and whose memories are swiftly forgotten.
The horror of these killings transcends the shock and bereavement of loved ones and friends. These are not typical homicides; they are not killings for money or drugs, incidents of domestic strife, or crimes of passion. The vicious nature of hate crimes against LGBTQ persons is extremely brutal, grotesquely violent, and egregiously hateful.
Each murder serves the LGBTQ population as a sobering warning about the actual level of danger in our communities. The message these killings send is that freedom and open life for LGBTQ people is a cruel dream. Every time we remember one of these victims, however, the intentions of their killers are frustrated. To remember these women and men is to begin the process of changing the culture that killed them.
Our Project Director
Dr. Stephen V. Sprinkle (Keith Tew photo).
Stephen V. Sprinkle is Director of Field Education and Supervised Ministry, and Professor of Practical Theology at Brite Divinity School, Fort Worth, Texas, a post he has held since 1994. An ordained Baptist minister, he is the first open and out Gay scholar in the history of the Divinity School, and the first open and out LGBTQ person to be tenured there. Read More…
Recent Social Justice Advocacy Activity By Dr. Sprinkle
Summer 2009 – Dr. Sprinkle responded to the Fort Worth Police Department and Texas Alcoholic Beverage Commission Raid on the Rainbow Lounge, Fort Worth’s newest gay bar, on June 28, 2009, the exact 40th Anniversary of the Stonewall Rebellion. Dr. Sprinkle was invited to speak at three protest events sponsored by Queer LiberAction of Dallas. Here, he is keynoting the Rainbow Lounge Protest at the Tarrant County Courthouse on July 12, 2009. Read More…
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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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