Tag: jail

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Gay Basher Sent To Prison; Will Serve 12 Months Behind Bars

A Vancouver, Canada man who pleaded guilty to gay-bashing has been sentenced to 17 months in jail for what a British Columbia Supreme Court judge deemed a hate crime. Michael Kandola lashed out at Jordan Smith, who was holding hands with another man as they walked on a downtown Vancouver street in September 2008. Smith, then 27, suffered jaw fractures. The victim and witnesses said Kandola, then 20, uttered a string of homophobic slurs during the attack. Smith had to have surgery and his jaw was wired shut for six weeks after the attack. Calling Kandola's actions vicious, unprovoked and cowardly, B.C. Supreme Court Judge Joel Groves said hatred of Smith's sexual orientation was a motivating factor in the attack, and for that reason, he was meting out a harsher penalty. Kandola was originally charged with assault, but the Crown soon changed the charge to aggravated assault causing bodily harm. Graves said Kandola will get credit for the five months he already spent in jail, meaning he will spend 12 more months behind bars if he serves the full sentence. CBCNews.ca Reporting

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Dragged Out Of The Closet State Senator Gets 2 Days for DUI

A state senator who opposed gay rights during his 14 years in the Legislature, then acknowledged he was gay after being busted for drunk driving after leaving a gay bar, was sentenced on Wednesday to 2 days in jail and 3 years probation. State Sen. Roy Ashburn, R-Bakersfield, "received no less than anybody else" for his first conviction, the state prosecutor told the Sacramento Bee. Ashburn, 55, pleaded no-contest through his attorney. Prosecutors said his blood alcohol content was .14 when he was pulled over in downtown Sacramento on March 4 at around 2 a.m. He later admitted that he had been at Faces, a popular gay bar. Ashburn will get credit for one day in custody and will work off his other day on a sheriff's work crew. He also must pay $2,480 in fines and fees.

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Gay Couple May Face Death Penalty; Despite Court Order, They Were Mistakenly Put In Same Jail Cell

Two gay Stockton, California men who could face a death sentence on charges they murdered a Tracy, California woman last year were mistakenly kept in a cell together despite a judge's order barring their contact, authorities said Friday. Robert and Jorge Morgan - who are legal domestic partners and consider themselves married to each other - stand accused of murdering Cynthia Ramos, 58, on Aug. 6 in her trailer. A forensic pathologist who performed Ramos' autopsy said she was "killed over and over and over," fighting back as she was stabbed 55 times, struck 13 times with something hard, and strangled. Prosecutors are now weighing the decision to seek a death sentence against the Morgans. The additional charges of robbery, burglary and lying in wait make them eligible. While awaiting trial, an order by San Joaquin County Superior Court Judge Bernard Garber requires they be kept apart, like any co-defendants. They had asked for time together to plan their defense, insisting sex was not their motive. The mix-up happened upon their transfers as parole violators from the San Joaquin County Jail to Deuel Vocational Institution last month, when they spent about two days in the same cell, Deuel spokesman Lt. Gilbert Valenzuela said. Valenzuela said Robert Morgan is listed in the prison system as Robert Plunkett, and Deuel staffers didn't know of the judge's order. Officials constantly put together inmates because Deuel is cramped for space, he said. "We wind up celling these guys together because they're compatible," Valenzuela said. Once the judge's order came to light, Deuel separated them, Valenzuela said, adding that prisoners are prohibited from sexual activity under the Prison Rape Elimination Act. The pair could face bigger problems. In a brief hearing Friday morning, Judge Garber goaded San Joaquin County Deputy District Attorney Valli Israels into deciding if she would seek a death sentence, so the defense has time to prepare. Garber set the Morgan's next hearing for Jan. 25, when he is expected to set a trial date. He told Israels that is also when he wants to know the penalty she will seek. "You think you might have that decision in two weeks?" Garber asked. "I hope so," Israels replied, saying that her boss, District Attorney Jim Willett, ultimately decides if a case is worth capital charges. He needed more time, she said. "The district attorney's office takes the death sentence very seriously," Israels said.

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19 y/o Sentenced to 180 days For Assualt Leading to Death of Gay Man

Robert Hannah - Photo: US Marshal's Service

A 19-year-old man has been sentenced to nearly six months in jail the beating death of a man outside a Washington gay club. Robert Hannah pleaded guilty to misdemeanor assault for punching Tony Hunter, who fell backward after he was struck and hit his head. Hunter died after 10 days in a coma.   The lack of more severe charges in the case has outraged activists in Washington's gay community. Prosecutors have said they had problems with witnesses and that Hunter was drunk when he was punched, which may have made it harder for him to keep his balance. Hannah claimed Hunter had tried to come on to him and touched his groin and buttocks, which he said led to the assault. Hunter's friend said he did not see the victim touch Hannah. D.C. Superior Court Judge Rafael Diaz sentenced Hannah on Wednesday to 180 days in jail, the maximum possible sentence. Tony Hunter, who lived in Maryland, died days after police said Hannah punched him several times during a Sept. 10, 2008 “altercation” at Eighth and N streets, N.W. Police said Hunter fell to the ground and hit his head on the pavement, causing a severe brain injury that led to his death. Police arrested Hannah in connection with Hunter’s death and charged him with one count of voluntary manslaughter. But a grand jury discarded the manslaughter charge in July and indicted Hannah on the misdemeanor charge of simple assault. A sentencing memorandum says that Hunter’s friend presented inconsistent and contradictory information to police and prosecutors and was not a reliable witness. Gay groups have claimed Hannah used the gay panic defence and this was believed by the jury. They have also questioned why Hannah's witness seem to be believed over Hunter's friend and why the charge had been reduced. Police and the US attorney's office said last autumn that there was enough evidence to bring a manslaughter charge against Hannah.

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"I Was Sent to Jail Because I'm Gay"

Former Survivor winner Richard Hatch says he thinks he was sentenced to jail because he's gay. Speaking out for the first time since serving nearly four years in prison for tax evasion, Hatch told Matt Lauer on Tuesday's Today that he thinks the judge in his case had a bias against him. The judge refused to let potential jurors be questioned about their feelings toward homosexuals. "My personal opinion — he was trying to discriminate against me," Hatch said. "I don't think you or anyone else can deny that we, as homosexuals, face discrimination." Hatch, who is under house arrest in Newport, R.I., until Oct. 7, also said he doesn't believe he would've gone to jail if he were a heterosexual and accused a prosecutor of what he called "egregious" misconduct. "I know without question that there are personal issues involved for the prosecutor," he said.

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The prosecutor who oversaw the case, former U.S. Attorney Robert Clark Corrente, called Hatch's claims "delusional," the Associated Press reported. Hatch, who said prison "reduced my arrogance," was convicted in 2006 of failing to pay taxes on the $1 million he won on the first season of Survivor. His case is currently being reviewed by a judge in Providence, and Hatch hopes to be exonerated.

 

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Gay Pride Leader Attacked

A 23-year-old man is in jail in San Diego after being arrested on suspicion of assaulting a gay-rights leader during an event in the suburb of Lemon Grove. Kenyatta Mitchell was arrested Saturday after allegedly slapping Ron DeHarte, who was carrying a gay-rights banner during the Equality Torch Relay event. Mitchell is said to have yelled, "There's no place for that here!" and slapped DeHarte twice. Mitchell was arrested moments later hiding in a store. He is charged with assault and violation of civil rights through force, both misdemeanors. He is being held without bail on three outstanding warrants for trespassing, violation of a restraining order and weapons possession. The case is being reviewed by the San Diego County district attorney's office. The Equality Torch Relay is a daylong march through numerous cities in San Diego County to promote equal rights for gays. More On The Story Click Here

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PornStar Pleads Not Guilty

A 24-year-old former porn star from our network site, SouthernStrokes.com pleaded not guilty to five counts of capital murder on Tuesday. Scott Abbott, who goes by the stage name Joe has been accused in a March 7, 2009 quadruple murder case near Birmingham, Alabama. He is claiming innocence in the deaths of William Chad Gilbert, 31; Jeri Lynn Cole, 27; Nika Sandlin, 24; and Joshua Gilleo, 26. Abbott faces one count of capital murder for killing more than one person and another four counts for killing each of the four victims after breaking into the home. Hueytown, Alabama police believe that his relationship with a female gone bad drove Abbott to break into a house and stab to death the four people inside. One of the victims, authorities claimed, was Abbott's ex-girlfriend. Authorities said Abbott had lived at the house with Gilbert, Sandlin and Cole until two weeks before the murders. When police arrived at the house they found all four victims with multiple stab wounds. Police arrested Abbott on the day of the murders in Gadsden, Alabama where he showed up at a hospital with stab or slash wounds to his left arm and hand, an arrest affidavit discloses.

Click Here To See All Of Joe's Photos And Videos Abbott reportedly attempted suicide while having been jailed. A trial date has been set for October 5, 2009.

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2002 Gay Murder Solved

A man already behind bars was indicted Thursday for a 2002 killing in which a gay man was shot in the chest and killed. A Cincinnati, Ohio grand jury indicted Jerry Jones, 28, for murder (pictured to left). That indictment came after Jones was arrested and charged with the killing in 2003. He was released after authorities presented evidence to a grand jury in 2003. The grand jury declined to indict Jones after a key witness changed a story. Jones is accused of the New Years Eve, 2002, killing of Gregory Beauchamp, 21, at the Over-the-Rhine intersection of Vine and West Liberty streets in Cincinnati. (pictured to right) Beauchamp was killed by a gunman shouting anti-gay epithets as Beauchamp was walking to a New Year's Eve party with two men wearing women's clothing. Jones is in jail in Dayton, Ohio, on unrelated charges. More on the story At Channel 9, WCPO.com

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Murder1 & Hate Crime

A Colorado man who says he bludgeoned his date to death out of rage and shock after discovering she was biologically male was convicted Wednesday of first-degree murder and a hate crime. Jurors deliberated about two hours before finding Allen Ray Andrade, 32, guilty of killing Angie Zapata, formerly known as Justin Zapata, 18, of Greeley last July after meeting up on a social networking website. District Judge Marcelo Kopcow swiftly sentenced him to life in prison without possibility of parole -- the state's mandatory sentence for first-degree murder. Zapata, a transsexual, had dressed as female for much of her life, her family said. The case was among the first uses of a hate-crimes statute that protects transgendered people. The victim's mother, Maria Zapata, told the judge before sentencing: "It's been so hard, so hard for my family and myself. . . . I lost something, somebody so precious." But she said Andrade could never take away "the love and the memories my family and I have of my baby -- my beautiful, beautiful baby." Gay, lesbian and transsexual groups hailed the jury's decision.

"Today's verdict was about justice for Angie Zapata, although no verdict will ever be able to heal the tragic loss experienced by Angie's family," said Neil G. Giuliano, president of the Gay & Lesbian Alliance Against Defamation. "The past few months have offered Greeley residents, as well as people throughout Colorado and across the nation, an opportunity to better understand transgender lives and the horrifying reality of anti-transgender violence."

Activists noted that the conviction occurred in a conservative, largely rural county.

"Finally, a rural county sheriff and prosecutor step up to the plate," said Kate Bowman of the Gender Identity Center of Colorado. "That's got to make people think it's time to do something."

She is among those who advocate a federal hate-crimes statute. A bill introduced in Congress this year would give the federal government the power to investigate and prosecute bias-motivated crimes in which the victim was selected because of race, religion, national origin, gender, sexual orientation or gender identity. Colorado is one of 11 states with hate-crimes laws that protect transgendered people. In California, a similar high-profile case involved Gwen Araujo, 17, of Newark, who was beaten and strangled in 2002 after two men with whom she'd had sex learned she was biologically male. They were convicted of second-degree murder, but not of a hate crime. Zapata met Andrade, a convicted felon from Thornton, on a social-networking website in July, according to the arrest affidavit. On July 16, they went on a date, Andrade said, and Zapata performed oral sex on him but would not permit him to touch her. According to the affidavit, Andrade said he became suspicious about Zapata's gender, grabbed her crotch and learned the truth. In a rage, he said, he beat her to death with a fire extinguisher. Andrade's attorneys referred to Zapata by her given name, Justin, and contended that their client had reacted due to shock at her sexual deceit. But prosecutors, who referred to the deceased as "she" and "Angie," said the two had met via a website that catered to gay and transgendered people and that the couple had known each other for three days -- plenty of time for Andrade to understand Angie's biological gender. They noted that Andrade had accompanied her to traffic court, where clerks called her Justin. Prosecutors said Andrade was a homophobe who preyed on Zapata and pointed to recorded calls he made from jail in which he called the victim "it" and said: "Someone living like that needs to be held accountable." Defense attorney Annette Kundelius did not return a call for comment. During the trial, she told jurors that Andrade had been joking. "Was it in poor taste? Was it a smart thing to say?" Kundelius said. "No. But it doesn't mean he committed murder." Andrade did not testify. When the judge asked if he had anything to say before sentencing, he responded, "No."

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Who's Smiling Now? Enzyte Scammer Gets 25 Years In Prison

Steve Warshak, founder of the company responsible for "Enzyte," has been sentenced to 25 years in prison and ordered to pay a fine of $93,000, says the AP. U.S. District Judge S. Arthur Spiegel also ordered the company, along with other defendants, to forfeit more than $500 million that it bilked from consumers.

According to federal prosecutors the scam involved preying on customer's reluctance to admit that they had ordered the "male enhancement" pills. Customers ordered the pills, but were unable to cancel or get a refund. A former VP of the company testified that Warshak required customers to provide notarized documents from a doctor proving that they had small genitals in order to get a refund.

If customers complained, he said, employees were instructed to "make it as difficult as possible" for them to get their money back. In some cases, Teegarden said, Warshak required customers to produce a notarized statement from a doctor certifying Enzyte did not work. "He said it was extremely unlikely someone would get anything notarized saying they had a small penis," Teegarden said.

The judge had strong words for Warshak:

"This is a case about greed," Spiegel said as he reviewed the case. "Steven Warshak preyed on perceived sexual inadequacies of customers."

Warshak's 75-year-old mother was also sentenced to jail time, but it's unlikely that she will serve it because she's 75 and has cancer. Meanwhile, Warshak has 30 days to report to prison. Ohio company owner gets 25 years in fraud case [Associated Press]

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