Mistrial in case of LGBT murder

Maxinquaye · Sep 1, 2011

http://edition.cnn.com/2011/CRIME/09/01/california.gay.student.murder/

Los Angeles (CNN) -- A judge declared a mistrial Thursday after jurors said they were hopelessly deadlocked in the murder trial of a teenager accused of gunning down a gay classmate in their Southern California classroom.

Ventura County Superior Court confirmed the ruling in the eight-week trial of Brandon McInerney, who was 14 at the time of the shooting in 2008.

I don't really know why the jury couldn't find the killer guilty after he shot the 15 year old Lawrence King in the head in a class room in front of everyone. I have my suspicions, of course, because I'm fairly cynical.

A case of gay panic defence working?

Williebee · Sep 1, 2011

I'd sure like to know what the instructions to the jury were, if only to know what they are actually "deadlocked" on.

Vince524 · Sep 1, 2011

Will they be retrying the case?

Shadow Dragon · Sep 1, 2011

Regardless of this specific trial, shouldn't they charge him with bringing a gun onto school property? That alone should have a pretty hefty penalty.

And according to the what the defense lawyer said:

The defense contended McInerney had a violent upbringing. It also argued that King taunted and flirted with McInerney, ultimately sparking the fatal confrontation, KTLA reported.

it looks like gay panic is one of the defenses for his actions.

SPMiller · Sep 1, 2011

Like Williebee, I'm tempted to blame the judge absent further information. Trial judges are really fucking prickly about their own little interpretations of laws.

Swordswoman · Sep 2, 2011

The judges have little choice in their interpretation of the laws in this case. This is California, and the 'Gay Panic Defence' has already been ruled unlawful there in the 2006 Gwen Araujo Justice for Victims Act (AB1160).

This discussion on FDL claims the prosecution admitted this and the judge read the jury the relevant clause, but I can find no official conformation of that. The mainstream US press is (as usual) largely silent on the issue and we have to comb the blogs for the facts needed to comment.

I'll comment as an outsider, though. I'll comment and say 'homophobic bullshit'. I'd say more, but it makes me feel too bloody sick.

Maxinquaye · Sep 2, 2011

Williebee said:
I'd sure like to know what the instructions to the jury were, if only to know what they are actually "deadlocked" on.

Yeah, I'd like to see that too. But are jury instructions and such part of the public record? Are deliberations part of the public record?

Vince524 said:
Will they be retrying the case?

I don't know. I've heard about this case before, but haven't followed it. I just saw it last night on my Google News roundup. It was to late to go digging further. CNN seemed a reasonably "authoritative" source to link, and it doesn't say.

Swordswoman said:
I'll comment as an outsider, though. I'll comment and say 'homophobic bullshit'. I'd say more, but it makes me feel too bloody sick.

I think, though that's speculation on my part, that the gay panic will be the reason for the deadlock.

Sheryl Nantus · Sep 2, 2011

How stupid.

First degree murder, life in prison and throw away the key.

The justice system continues to astonish me.

Torgo · Sep 2, 2011

You can shoot people in the head for flirting with you now, and people off the street will sympathise? Shit.

Maxinquaye · Sep 2, 2011

Well, I wouldn't worry.

You can stab us forty times, hang us on fences after being whipped to death, and some people will still think it was justified because you know the victim blinked at you funny.

Sorry, these kinds of stories make me depressed and sarcastic. Not aimed at anyone in this thread though, just a casual black remark before I hit the Jack Daniels.

Maxinquaye · Sep 2, 2011

Sheryl Nantus said:
How stupid.

First degree murder, life in prison and throw away the key.

The justice system continues to astonish me.

Not really the justice system. It's the good old society, civilisation, the responsible adults in the community. You know. The community is often much more dangerous to gay people than the nebulous, distant and far-away governments.

Sheryl Nantus · Sep 2, 2011

Maxinquaye said:
Well, I wouldn't worry.

You can stab us forty times, hang us on fences after being whipped to death, and some people will still think it was justified because you know the victim blinked at you funny.

Sorry, these kinds of stories make me depressed and sarcastic. Not aimed at anyone in this thread though, just a casual black remark before I hit the Jack Daniels.

{{{hugs}}}

I'd be proud to have a drink with you anytime, anywhere.

We should hit the Toronto Pride parade sometime. It's a great party.

I'll even go topless.

Calla Lily · Sep 2, 2011

Sheryl Nantus said:
{{{hugs}}}

I'd be proud to have a drink with you anytime, anywhere.

We should hit the Toronto Pride parade sometime. It's a great party.

I'll even go topless.

+1

Well, except for the topless part. I passed the point where I could go topless in public about 30 years ago. :scared:

Bookewyrme · Sep 2, 2011

Maxinquaye said:
You can stab us forty times, hang us on fences after being whipped to death, and some people will still think it was justified because you know the victim blinked at you funny.

Well, you know Max, blinking is terribly provocative. I mean, if a gay person blinks at you enough, it can turn you gay! I know it must be true, because my cousin's ex-husband's college room-mate's brother's friend turned gay when a dude wearing a pink shirt blinked at him.

(I don't really need the sarcasm sign, do I?)

****

So, what I've never understood about the "Gay Panic" defense is...normally if you kill someone the only way to get out of it is by proving it was self-defense (or in some states a home invasion, i.e. Castle Doctrine). And even if you prove it was self-defense, you have to show that you were in real danger for your life, and that you only used as much force as the other person was going to use on you. Using that as a basis for logic, I don't understand how "he was flirting with me, yer honor!" can translate into justification for deadly force in any sane person's mind. I mean, shouldn't flirting translate into you're only allowed to flirt back or something?

Sheryl Nantus · Sep 2, 2011

callalily61 said:
+1

Well, except for the topless part. I passed the point where I could go topless in public about 30 years ago.

I have this little cart, you see...

:ROFL:

Calla Lily · Sep 2, 2011

Sheryl Nantus said:
I have this little cart, you see...

Um... where can I get one?

Xelebes · Sep 2, 2011

Bookewyrme said:
Well, you know Max, blinking is terribly provocative. I mean, if a gay person blinks at you enough, it can turn you gay! I know it must be true, because my cousin's ex-husband's college room-mate's brother's friend turned gay when a dude wearing a pink shirt blinked at him.

(I don't really need the sarcasm sign, do I?)

****

So, what I've never understood about the "Gay Panic" defense is...normally if you kill someone the only way to get out of it is by proving it was self-defense (or in some states a home invasion, i.e. Castle Doctrine). And even if you prove it was self-defense, you have to show that you were in real danger for your life, and that you only used as much force as the other person was going to use on you. Using that as a basis for logic, I don't understand how "he was flirting with me, yer honor!" can translate into justification for deadly force in any sane person's mind. I mean, shouldn't flirting translate into you're only allowed to flirt back or something?

What gay panic is is a temporary insanity defense.

Don · Sep 2, 2011

Xelebes said:
What gay panic is is a temporary insanity defense.

'Gay panic' and 'hate crime' seem to me to be codependent and synergistic terms. 'Gay panic' has validity only within a framework that recognizes the concept of a 'hate crime.'

Maxinquaye · Sep 2, 2011

Gay panic is when you get away with going into your English class, put two bullets in the brain of your classmate in front of the teacher and the other students, and then claim 'he made a pass at me!' Hate crime is a consideration in sentencing, and doesn't do anything for the prosecution stage.

Don · Sep 2, 2011

Maxinquaye said:
Gay panic is when you get away with going into your English class, put two bullets in the brain of your classmate in front of the teacher and the other students, and then claim 'he made a pass at me!' Hate crime is a consideration in sentencing, and doesn't do anything for the prosecution stage.

Yeah, that's why I called them codependent and synergistic terms and not synonyms.

Mistrial in case of LGBT murder

Maxinquaye

That cheeky buggerer

Williebee

Capeless, wingless, & yet I fly.

Vince524

Are you gonna finish that bacon?

Shadow Dragon

SPMiller

Prodigiously Hanged

Swordswoman

Resilient and kind

Maxinquaye

That cheeky buggerer

Sheryl Nantus

Holding out for a Superhero...

Torgo

Formerly Phantom of Krankor.

Maxinquaye

That cheeky buggerer

Maxinquaye

That cheeky buggerer

Sheryl Nantus

Holding out for a Superhero...

Calla Lily

On hiatus

Bookewyrme

Imagined half of it.

Sheryl Nantus

Holding out for a Superhero...

Calla Lily

On hiatus

Xelebes

Delerium ex Ennui

Don

All Living is Local

Maxinquaye

That cheeky buggerer

Don

All Living is Local