Update on Brandon McInerney Gay Hate Crime Trial

Gay Teen Murder Defendant's Brother Talks About Testimony: MyFoxLA.com

The murder trial of Brandon McInerney is continuing in Chatsworth and there have been some explosive testimony since last we checked in. 14-year-old McInerney, now 17, fatally shot his 15-year-old classmate Lawrence (Leticia) King twice in the head on February 12, 2008 when both boys attended E.O. Green Junior High School in Ventura County, California. McInerney is being tried as an adult (which I do not agree with) and is being charged with first-degree murder in a trial that began July 5, 2011.

The latest revelations are that Brandon McInerney was apparently repeatedly physically and sexually abused by his father.

Brandon McInerney was molested by a relative as a boy, a family secret that his older half brother didn't learn until two weeks after McInerney shot a gay classmate to death in February 2008, the half brother told jurors in a Chatsworth courtroom Wednesday.

James Bing testified that McInerney’s father cried hysterically as he revealed the molestation that occurred when Brandon was about 9 years old.

The older McInerney was upset because the family had dealt with the problem internally, sending the relative away for years, instead of reporting it to police and getting Brandon help, Bing told the courtroom.

McInerney’s father, who is now dead, believed the memory of the molestation was what caused his son to react so violently when Larry King began dressing like a girl and flirting with McInerney at their Oxnard junior high school, Bing said.

[...]

When McInerney’s father died in 2009, coroner's officials found alcohol and drugs in his system. Bing said his stepfather was frequently high on drugs and was sadistic.

He once put soap into a sock and beat the boys with it for an offense that later turned out to have been committed by someone else, Bing testified.

Billy McInerney poured Tabasco sauce down's the boys' throats when they were sleeping and would pull down their pants in front of their friends, disparaging the size of their genitals, Bing said.

"He was a mean, nasty person,'' Bing said.

How convenient that the alleged sexual molestation was never reported to anyone else outside the family so it will be different to corroborate. James Bing is Brandon McInerney's half-brother (same father different mother) and is the person speaking in the video given at the top of this post. If I were a juror I would take the testimony of a family member of the accused with more than a grain of salt.

What would you b willing to tell the court if a member of your extended family was accused of a crime for which they faced 53 years to life in prison if found guilty?

Rash Of Violent Anti-Gay Hate Crimes In Long Beach

Long Beach has been the location of at least three attacks on gay men in the last two weeks.  Long Beach is the third largest city in California and is well-known for a prominent LGBT community. They have an openly gay, Latino city councilman named Robert Garcia who is quoted saying that "These incidents have no place in our city."

The Los Angeles Times reports:

Avila, who was walking ahead of the group, passed a man arguing with a woman on the sidewalk. The man stopped long enough to use a slur against Avila as he passed, he said.
[...]
The man ran away, but Avila and another friend chased him several blocks until police arrived, he said.

The suspect, Jorge Jhovanoy Ibarrias, 21, was arrested and charged with felony battery in addition to a hate crime. He has pleaded not guilty, authorities said.

Three days later, near East 4th Street and Orange Avenue, another man was beaten and called slurs. That case is being investigated as a battery and a possible hate incident, though not a hate crime, Fernandez said. The difference, he said, is that police do not believe that hatred specifically against gays was the initial motivation.

Four days after the second attack, on Sundayabout 1:30 a.m., several men walking on Broadway, two blocks from the site of the initial incident, were approached by another group that used slurs against them, police said. A fight broke out before the groups separated. But the group that made the insults returned shortly afterward with several other people and assaulted three of the men who had been walking down the street, police said.

Hat/tip to Rod 2.0 who posted the video of a local ABC affiliate coverage of the story shown above.

CNN Covers Larry King/Brandon McInerney Trial

Hat/tip to Rod 2.0.

Larry King Murder Trial Opens With Anti-Gay Arguments

The long-awaited trial of Brandon McInerney for the February 2008 execution-style murder of Lawrence King opened on July 5th with the prosecution and defense painting very different pictures of the two teenagers involved.

The los Angeles Times is covering the trial (quite well) and started by summarizing prosecutor Maeve Fox's opening statement.

Fox, a veteran Ventura County prosecutor, led the jury through a 90-minute outline of the case, starting by flashing a large photograph of a cherubic-faced King on a projector. She next showed the defendant's booking photos, portraying a tall and muscular McInerney with shaved head, taken within hours of the killing.

McInerney was angry with King, she said, because King had decided he was no longer going to take the bullying that he had been subjected to for years. Slight and "very effeminate," King had only girls for friends and was shunned by the boys, Fox said.

But after King was removed from his home and placed into a children's shelter, he underwent a change in attitude, the prosecutor said. He became more confident in school and started wearing high-heeled boots, makeup and jewelry along with his uniform. School rules did not prohibit this.

King knew it was within his rights to assert a budding feminine identity, and he took full advantage, she said.

"Larry King for the first time in his life wasn't taking it anymore," Fox said. "He started to give people what I prefer to call the proverbial chin, only it was more profane."

The defense attorney is Scott Wippert who has already been held in contempt by the judge for mentioning McInerney's statements to police that Los Angeles County Superior Court Judge Charles Campbell had previously ruled would not be heard by the jury.

Wippert's 30-minute opening statement focused on both of the boys' troubled backgrounds and on McInerney's inability to deal with the humiliation of having an openly gay boy flirt with him at school. In contrast to the district attorney's slide show presentation, Wippert simply stood before the jury and talked, occasionally consulting his notes.

McInerney reached an "emotional breaking point" and saw no other way to stop the sexual harassment by King, Wippert said. His own violent and dysfunctional family offered no help, and school officials had made it clear that King was permitted to flaunt his sexuality, even if it was disruptive, the defense attorney said.

He called the prosecution's allegation that McInerney was acting out of white supremacist beliefs a red herring. He said that the Nazi iconography and copies of Hitler's speeches found in the boy's room were related to his work on a World War II paper.

There was no hate crime, just the frustration of an adolescent with nowhere to turn, he told the jury. "Why would a student complain when everyone knows about it and no one is going to do anything about it?" he posited.

Wippert suggested that a psychologist will testify that McInerney was in a dissociative state at the time of the shooting, not in touch with the reality of what he was doing. He also told the jury there is evidence that King had been making inappropriate sexual comments at school since the fifth grade.

"He did shoot Larry King," Wippert said of his client. "He did this out of a heat of passion, and that is voluntary manslaughter."

MadProfessah has been following this case very closely for years. Involuntary manslaughter would be a travesty of a result. I am a strong opponent of the death penalty and also do not approve of trying 14-year-olds as adults but since California passed Proposition 21 passed allowing the practice McInerney should be tried to the fullest extent of the law. There is no question McInerney executed Larry King (with a gun, no less!), and that the boy's sexual orientation and gender identity was involved in Mcinerney's decision to end Larry King's life.

BART Settles Grant Wrongful Death Case For $2.8M

The Bay Area Rapid Transit (BART) has agreed to pay Oscar Grant's mother, Wanda Johnson $1.3 million to settle a civil lawsuit over the unnecessary death of her son at the armed hands of former BART employee Johannes Mehserle who was convicted of involuntary manslaughter and served less than a paltry year in prison for the shameful act.

BART had previously agreed to pay out $1.5 million to Oscar Grant's 5-year old daughter Tatiana Grant last year.

The San Francisco Examiner reports:

“No amount of money could replace Oscar. Not $1 or $100 million,” Wanda Johnson, Grant’s mother, said during a news conference in Oakland. “My heart feels broken for the loss of my son.

“It didn’t have to be this way.”

Grant was fatally wounded after being shot by BART police Officer Johannes Mehserle while laying facedown on the platform of the Fruitvale station on New Year’s Day 2009. Mehserle had claimed that he thought he was firing his taser when he shot Grant by mistake with his gun.

Grant’s mother filed a $50 million lawsuit against the agency for its role in the death of Grant. On Tuesday, the two sides agreed to a settlement that will pay Johnson $1.3 million, according to BART spokesman Linton Johnson.

“No matter what anyone’s opinion of the case may be, the sad fact remains that this incident has left Wanda Johnson without a son,” BART board member Lynette Sweet said. “We’re working hard to make the Police Department the best it can be for our officers, our customers and our community. This settlement is critical in our efforts to move forward.”

This will be the second and final settlement paid out to a member of Grant’s family since his death. In January 2010, BART delivered a $1.5 million settlement to Grant’s then-5-year-old daughter, Tatiana.

So now we know how much a black man's life is worth: 220 days in jail and $2.8 million dollars. Disgusting.

Jury Selection In Gay Teen Murder Trial Begins

On February 12, 2008 teenager Brandon Mcinerney shot fellow teenager Lawrence King in the back of the head during an early morning class at E.O. Green Elementary School in Oxnard. Now, more than three years later a jury is being selected in the murder trial, as the defense has rejected all plea deals.

The Ventury County Star reports:

Defense attorney Scott Wippert said the plea bargain was "absurd and very far from the truth," and that his client is guilty of voluntary manslaughter and not premeditated first or second degree murder.

Wippert said the chance his client would get paroled whether he served 25 or 53 years is slim to none.

"The plea offer they are making is very illusory," Wippert said. "They are trying to convince the public by making such an offer that they are looking out for Brandon and they are giving him a chance. If they wanted to give him a chance, they would give him a determinant offer."

Wippert said his client was pushed by a tumultuous home life and constant sexual harassment from King.

"These were two very troubled young men," Wippert said of his client and King. "That doesn't justify what (Brandon) did, but it explains how distraught he was when the constant harassment occurred at the school and the overall anguish in his life that led to this horrific act. That is what created the heat of passion in his mind. He committed a horrific act, but outside of that, he is a really good kid." 

Amazing. Somehow Lawrence King is going to be made into the aggressor, even though Brandon went home and got his dad's gun and put a bullet in the brain of a classmate, in front of 25 other students and the teacher. I understand the defense wants to make this case about King's actions and not Mcinerney's, but surely there are some places even a defense attorney won't go? We'll see.

The LGBT community will be watching this case very, very closely.

Nevada Legislature Passes Transgender Rights Bill(s)

The Nevada Legislature has completed work on Assembly Bill 211, a bill to prohibit employment discrimination based on gender identity or gender expression, passing it by votes of 29-13 in the Assembly and 11-10 in the Senate to reach Republican Governor Brian Sandoval's desk.

Additionally, the Nevada Senate had previously passed bills to prohibit discrimination in public accommodations (Senate Bill 331) and housing (Senate Bill 368) on the basis of gender identity or expression. These bills are still pending in the Assembly.

The Senate killed Senate Bill 180, which would have added gender identity or gender expression to the state's hate crimes law, even though the Federal Hate Crimes Law already has provisions which include sexual orientation, gender identity and gender expression.

The National Gay and Lesbian task Force sent out a statement praising the Nevada's legislature's positive legislative actions to protect transgender individuals:

"This is a wonderful victory for the people of Nevada. We commend lawmakers for ensuring that all Nevadans, regardless of gender identity or expression, are protected from discrimination in employment. The startling statistics and personal stories found in our national survey on transgender discrimination show just how critically necessary these protections are. No one should fear being jobless, homeless and going hungry because of discrimination. Without legal protections, transgender people are made particularly vulnerable to bias and abuse. This law will literally save lives. We thank the Progressive Leadership Alliance of Nevada for its hard work leading to this victory and we're proud to be a partner in this effort. We look forward to the governor's signature on this important measure."

The Hawaii Legislature passed and Democratic Governor Neil Abercrombie signed into law a measure prohibiting employment discrimination on the basis of gender identity of gender expression earlier this year.

WATCH: 5 Men Arrested In SC Alleged Hate Crime

There's an update on the horrible violent attack on a gay man caught on video in South Carolina two weeks ago.
Thanks to tips from the public who saw the video, 5 men have been arrested.

WATCH: Transgender Victim Of Violent Attack Speaks

Apparently, a white transgender woman was physically attacked by two black female teenagers in a Baltimore-area McDonald's restaurant on Saturday. Joe.My.God has posted cell-phone video of the actual attack, which shows McDonald's employees simply watching and laughing (one of whom has since been fired).

The Baltimore Sun has posted the video above with the victim, Chrissy Lee Polis, and has more details about the incident:

County police confirmed that the attack occurred April 18 in the 6300 block of Kenwood Ave. Police said the 14-year-old girl has been charged as a juvenile, while charges were pending against an 18-year-old woman. Reached Saturday, police officials said the investigation was continuing.

The police report does not provide a motive but quotes one of the suspects saying that the fight was "over using a bathroom."

Polis suffered cuts to her mouth and face, and said she had a seizure. She also acknowledged that she was intoxicated at the time of the assault.

On Saturday she said she continued to suffer from painful bruises.

Polis, who said she had a sex-change operation to become a woman, said this isn't the first time that she's been picked on physically because of her sexual identity. She said she's been subjected to beatings and even sexual assaults.

She said seeing herself all over the Internet and all over the news has been "like walking out of the closet all over again." Polis is concerned that the public attention could trigger more violence — and worries it could hurt her chances of getting a job. "I want to cry, but I need to hold my head up," she said.

Her twin brother, Matty Polis, who also lives in Baltimore, said it's been painful to watch her have to endure these sorts of attacks.

"My sister has gotten this her entire life," Matty Polis said. "Being the way she is, she's always had a hard time."

It's interesting that this incident would happen just a few weeks after the Maryland legislature punted on improving protections for transgender residents, although the legislation being considered would not have included public accommodations protections. Maryland does have a hate-crimes law inclusive of gender identity.

WATCH: South Carolina Gay Bashing Caught On Video

Hat/tip to Wonder Man