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The Gay Panic Defense: It Even Works Over Seas

October 21, 2009 By: jaysays Category: Commentary, Featured, Thought of the Gay

gaypanicThe gay panic defense is catching on over seas.  Our friends down under have successfully followed most of the rules and have managed to downgrade charges of murder to “manslaughter” after arguing that the sexual advances of another man warranted defending themselves.  Had they followed them to a “T,” an acquittal would have been certain!

As discussed in Queensland Pride, Jason Pearce, 38, and Richard Meerdink, 40, were on hallowed ground last after getting drunk on cask wine.  They encountered 45 year old Wayne Ruks who was allegedly also intoxicated.

Video footage from CCTV showed the 15 minute altercation during which Pearce and Meerdink beat Ruks with repeated hits, kicks and elbows to the stomach.  Of course, this is completely justifiable considering Ruks allegedly grabbed Pearce’s groin, which sexual advance was no where on the tape.

Obviously, this alleged but unseen groin grab constituted a life threatening situation which justified the brutal beating of Ruks by two men – or so it seems the Australian Court thinks.

Queensland activist, John Frame, expressed his outrage by stating:

Imagine if heterosexual women killed straight males when they received unwanted sexual advances from them.  That wouldn’t wash with juries – and neither should this.

Well John, maybe they should start doing so – of course that would eliminate the bulk of the male species within months.

2010/2012, The National Equality March & LGBT Priorities.

September 02, 2009 By: jaysays Category: Commentary, Featured, Thought of the Gay

NEmThe National Equality March is scheduled for October 11-12, 2009 in D.C. I’ve avoided writing about the issue of whether or not the equality march is “good” or “bad” for the community because, on September 9th, 2009 at 7:00 p.m. Central Time, I will be a guest on Sisters Talk Radio discussing that very issue.

However, time is running out to plan for the march.  We must act now and unite every LGBT activist, blogger and party of interest in declaring their full support of the National Equality March.  We must begin promoting it as if it were the death of a pop icon.  But why?

While California activists are arguing over whether a ballot initiative to overturn Proposition 8 should happen in 2010 or 2012, activists in other states are dealing with something very different – sometimes, literally life or death.

There is still reason to be concerned about having our heads bashed.  Take the case of Steven Harmon of Portage, Michigan as an example.  The 15 year old was recently attacked and beaten by two other teenagers apparently because Harmon had “come out” as gay the week before.  While beating him, the teens repeatedly called him “faggot” and other derogatory anti-gay terms.

Many of us will be dead tomorrow because some yahoo decided it was o.k. to murder a queer.  One of far too many recent examples of this occurred in Northwest Washington only about a week ago and resulted in the death of Nana Boo, a transgender male to female.

Many of us may not have a job tomorrow because our employer decided they don’t like queers.   Tonight on Closet Talk I will be talking with Candice Metzler.  Candice lost her job due to her transition and was unable to find employment.  Ultimately, she found herself homeless.

While many are debating whether or not to proceed with at 2010 ballot initiative and whether or not to support the National Equality March, here in my neck of the woods, we’re still trying to figure out how to keep kids from hanging themselves from the rafters because they are demonized for being “gay.”

We need a national front to help change the lives of the future generations of our people.  If you still don’t support the National Equality March, try walking a mile in a gay or transgender kid’s shoes in Jonesboro, Arkansas where social and legal changes to LGBT equality will likely never occur without involvement from our national government.  After that, you may be singing a different tune.

Cannon’s Killer Sentenced to 25 years for Manslaughter

August 18, 2009 By: jaysays Category: Featured, Hate Crimes, LGBT News

Teish GreenDwight DeLee was the first person to be prosecuted in Onondaga County New York under hate crimes legislation for the murder of Lateisha Green (who is often referred to in the media by her birth name, Moses Cannon).

Lateisha, or Teish as she was known by friends, and her brother, Mark Cannon, had received a call from a friend to come over to talk.  They headed to the Seymour Street address and were still talking with the girl when the gunman walked up to the care and fired.

Mark was in the driver seat and drove away from the scene toward safety.  They were found 13 blocks away.  Mark survived the gunshot wound, but Teish was dead.

Yesterday, DeLee was sentenced to the lessor crime of manslaughter and sentenced to 25 years in prison.

The story of Teish’s murder spawned much criticism, including this comment on one of the original stories:

If the police find the alleged shooter and he happens to be black, this can never be prosecuted as a hate crime. Everyone knows that the only people that ever hate are white Caucasian males that believe in God. – crazedmaniac

I can’t help but wonder if the person who wrote the above non-sense (perhaps rhetorically) now sees that, not only was the murderer a black man, but he was also prosecuted under hate crimes legislation.  So much for the theory that hate crimes target white folk.

See: DeLee sentenced to 25 years in prison for hate crime – NewsChannel 9 WSYR.

How to Get Away with Murder: A Guide to the Gay Panic Defense

July 16, 2009 By: jaysays Category: Commentary, Featured, Thought of the Gay

panicGetting away with murder when investigators are using advanced forensic science such as DNA testing isn’t easy these days, but where there’s a will, there’s a way – as they say.  Because murder is not as big of a sin against God as being gay (so it seems), we’ve prepared the following guide which will assist you in carrying out a murder – and getting away with it.  The guide was prepared after a careful analysis of several cases wherein the “Gay Panic” defense was used.  Those cases will be discussed at the end of this guide.

Step 1. Be a heterosexual male.

This is the most important aspect of carrying out the remaining stages.  If you are not a heterosexual male, you can attend some sort of conversion therapy, declare yourself heterosexual, find a woman to be your girlfriend and then continue to step 2.  If you are not a male, gender reassignment will be required before moving on to Step 2.

Step 2.  Choose your victim.

When choosing a victim, it’s much easier if they are a confirmed homosexual; however, there really is no requirement that the person you murder be homosexual.  If they are, it will make the defense of the matter much easier on you.  If they are not homosexual, you must first set it up to show that they “secretly” were homosexual (i.e. photograph of them in a public restroom with a senator/minister).  Once you have completed this step, proceed to step 3.

Step 3. Take the victim somewhere private.

In recent cases, the private place has been the victim’s home.  This is optimal as, in later steps, you can say you were lured to their place.  It is not recommended that you take the victim to your own house as you will have to substantiate why you took a gay person home with you.  Should you have no other choice but to use your own home, have a ready excuse like: We stopped by to pick up my fishing rod.  Make sure your excuse is innocuous and has no gay undertones.

Step 4. Murder the victim.

You may think that murdering your victim with a gun will be the cleanest way to do it, but this is sure to get you thrown into prison.  Instead, you must murder them violently.  In recent cases which were successful, stabbing or bludgeoning have lead to acquittals or reduced charges.  Therefore, murder your victim in a gruesome and violent manner.

Step 5. Rush to your girlfriend’s place.

If your girlfriend is a pretend girlfriend as discussed above, this step will be easier on you emotionally.  If it’s your real girlfriend, you may feel a little guilty, but a murder has to do what a murderer has to do.  When you get to her house, bang on the door.  As soon as she opens the door, grab her and kiss her as passionately as possible.  Stop and immediately fall to the ground screaming about a man who lured you to his apartment under false pretenses and then made sexual advances toward you.  Once she is clear on that point, in spite of your near senseless babbling, say, “I killed him… oh my god, I killed him. I snapped when he tried to touch me.”  At this point, your girlfriend should call the police.  Depending on how much she loves you and whether or not she is a decent person, you may have to coax her a bit into calling the police, but don’t make it obvious.

Step 6. The police.

Don’t talk to the police.  You have a right to remain silent.  Your girlfriend will tell them what you said, but it’s important that you not say a word to them – rely on your attorney.

Step 7. Go to jail.

Don’t worry though, you won’t be there forever – just until trial.  Prosecutors may attempt to plea you out, but don’t fret – no jury would send a man to his death for murdering a “faggot.”  Use that word a lot to your lawyer.  Say things like, “That faggot tried to rape me.”

Step 8. Trial.

You are now relying on your lawyer.  Sit back and look as straight as possible.  Try to be “normal” in the eyes of the jury.  It’s important that they see you as a healthy, normal straight man that couldn’t take the disgusting idea that a man would make a pass at you.

Step 9. Jury verdict.

You don’t have much control over this, but if history is any indicator, you have nothing to worry about.  In fact, you’ll likely even get a full acquittal assuming your lawyer used phrases like, “family man” and “normal society” often enough.

Recent cases in review.

Provocation defense in gay banjo bashing murder ‘stupid’: NZ gay community – news – LIVENEWS.com.au.

In this case, the murderer flawed – he did not rush over to his girlfriend’s house and declare his masculinity threatened prior to the arrest.  Therefore, he was not fully acquitted.  Instead, jurors found he was “not guilty” of murder, but guilty of “manslaughter.”

Man Who Stabbed His Gay Neighbor 61 Times Acquitted Using Gay Panic Defense « Unfinished Lives.

This guy did it right.   Jospeh Biedermann went to a bar and got extraordinarily drunk.  So drunk, in fact, that the bar refused to serve him any more liquor.  A neighbor, Terrance Michael Hauser, who Biedermann alleges he never met, invited Biedermann over to his place for drinks.  While there, Biedermann stabbed Terrance 61 times, resulting in Terrance’s death.  Biedermann stuck to the rules above and, in spite of the fact that it cannot be disputed that he killed Terrance, a jury acquitted him.  Why?  He was straight, the victim was gay and he declared Terrance made sexual advances toward him.  He also went to his girlfriend’s house, dripping with Terrance’s blood.  There was so much blood, in fact, that his girlfriend brought bowls out in which Joseph was to place his clothes to prevent dripping.

Gay Panic: From Manslaughter to Assault.

Results such as those achieved by Biedermann are atypical.  In most cases, persons do get charged with something; however, the reduced charge is a slap on the wrist compared to a murder charge.  In another recent case, Robert Lee Hanna was indicted by the grand jury for a misdemeanor offense of assault after murdering 17 year old, Tony Randolph Hunter.  Hanna entered a plea of not guilty and advised he only hit Tony after Tony grabbed his buttock and crotch – thus, Hanna obviously was justified in the murder.

The Gay Panic Defense.

The Gay Panic defense was popularized in 1995 after Jonathan Schmitz, a guest on the Jenny Jones show, murdered Scott Amedure, who confessed he had a crush on Schmitz during the show.  Jonathan was not successful in the defense because there was no immediate response.  This means Jonathan should have immediately murdered Scott to get off on the murder charges, instead he waited three days.

Disclaimer.

While the Gay Panic defense has a remarkable success rate, the results of using this guide are not guarenteed.   Further, this guide is not intended to encourage you to murder people.  Murder is bad, no matter why.  This guide is merely intended to instruct you on how to get away with murder, not to instruct you to murder.  It is intended as a satirical piece illustrating the effects of a corrupt and immoral justice system which, although purportedly blind, sees sexual orientation as a motive – an important note considering those against Hate Crimes Legislation argue that it criminalizes thought and is based upon motive.  It’s sad that I feel obligated to say that this is satire – I do so because history has shown us that this sort of action does result in reduced charges or acquittals – meaning that people actually do this!!!  We are shameful when we award murder and penalize love.

White Jury in White Town Finds White Kids Not Guilty of Bias Crime

May 06, 2009 By: jaysays Category: Hate Crimes

Hate Crime - RacismIn spite of the overwhelming evidence against them, an all-white jury found Derrick Donchak, 19, and Brandon Piekarsky, 17, not guilty of aggravated assault, reckless endangerment and ethnic intimidation for the death of Luis Ramirez.  Details of the crime flooded the news media including this story by CNN [Town struggles with fallout from immigrant’s fatal beating – CNN.com] which stated:

Blows had struck the 25-year-old illegal Mexican immigrant with such force that they left a clotted, bruised impression of Jesus Christ on the skin of his chest from the religious medal he wore.

According to eye witnesses and investigative reports, the teens lured Ramirez into a fight using racial epitaphs which led prosecutors to label the murder a “hate crime.”

Ramirez was walking with an unidentified young girl at the time.   According to witness Eileen Burke, as the white kids beat Ramirez, they yelled to the girl:

You effin bitch, tell your effin Mexican friends get the eff out of Shenandoah or you’re gonna be laying effin next to him.

Considering the above statement obviously was intended to cause terror amongst a group, not an individual, and was overheard by an eye witness who witnessed the second part of the brutal beating of Mr. Ramirez, the only reason an all-white jury would find the white kids innocent would be: they want the “effin Mexicans” gone too.

A kick to the head resulted in Mr. Ramirez going into convulsions.  The injuries ultimately caused his death.

Thou Shalt Not Kill – Moses “Teish” Cannon

November 18, 2008 By: jaysays Category: Hate Crimes, LGBT News

The small amount of media coverage regarding the murder of Moses “Teish” Cannon has been confusing at best and unremarkable at most.  What is known is that Teish, who self-identified as a woman, was murdered in Syracuse, New York on November 14, 2008 after being invited by a family friend to a party.  Currently, the only motive reported for the terrible crime is that she was “gay.”

This is where the news media stumbles and I stumble in an effort to provide the proper respects to Teish’s memory.  Was Teish a transgendered person who, indeed, identified the former himself as a herself, or did Teish identify as a gay man?  The answer to this question is only relevant for purposes of writing this article and adding yet another victim to the growing list of persons murdered because of their sexuality or gender identity.

I feel great sorrow for Teish’s family and friends, and I extend my most heartfelt sympathies.  The same sorrow I have felt for countless other victims of senseless crime.

Police are still investigating the murder in order to “decide” whether it is a Hate Crime.  Well, the glass slipper fits – wear it.

News coverage of Teish’s murder has been negligible; another slap in the face to a community already feeling the effects of hate after the passage of Proposition 8 in California.  The majority has taken our rights and our children and our brothers and sisters, yet we still stand strong.  We too shall overcome.

News 10 Now | 24 Hour Local News | ALL NEWS | Vigil held for possible hate crime victim.