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Tag: jury

1
August 28, 2009 Posted by TheBoss in News And Scoops

75 yr. Prison Term: Hate Crime

6a00d8341c730253ef01127928e1a028a4-800wiA Dallas, Texas County jury just sentenced Bobby Singleton to 75 years in prison for brutally beating and robbing another man in what prosecutors say was an anti-gay attack. The same jury earlier this week convicted Singleton of aggravated robbery in the July 2008 attack on Jimmy Dean in Oak Lawn. Singleton, 30, could have been sentenced to life behind bars. Prosecutor Amy Derrick, noting that Singleton cried yesterday when his father testified, said that Singleton was crying for himself. "Look at your handiwork," Derrick said in closing arguments. "See if you can squeeze out a tear for someone other than yourself." Singleton's defense attorney Ed "Bubba" King told jurors that Singleton didn't deserve more than a 20- year sentence.
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Jonathan Gunter, left and Bobby Singleton.

Jonathan Gunter, left and Bobby Singleton.

He also said this case was handled differently than if just anyone had been beaten and robbed.   "This case would have been treated a lot differently if Mr. Dean wasn't gay," King said. Earlier today, Singleton testified and apologized to Dean from the stand. Dean suffered a broken back, nose and chin in the attack. He lost his sense of smell and his face will never look the same. Prosecutor Marshall McCallum called his words a "fabricated little apology." He asked the jury to give Singleton a 60-year s sentence. That's twice what another jury gave the codefendant, Jonathan Gunter. But the jury doesn't know that. McCallum also suggested that jurors should add on years because of Singleton's testimony today. Since they've begun deliberations, jurors have sent out a note asking to see evidence. WFAA-TV Dallas Reporting
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Tags: beating, Dallas, jury, prison, Texas
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May 20, 2009 Posted by Matthew Conaster in Crime & Punishment

Murder For A New Young Lover

lenardsChicken restaurant tycoon Gerardus Gerrit Heijne strangled his gay lover in the kitchen of their Perth, Australia penthouse because he stood in the way of a new life with a much younger male lover. Opening the state's case in the West Australian Supreme Court yesterday, prosecutor Bruno Fiannaca said Mr Heijne strangled Frank Cianciosi, his partner of 25 years, and then placed the body under the covers of his bed. He then set the airconditioner of their multi-million-dollar riverside penthouse in East Perth to 16C to preserve the body, Mr Fiannaca told a jury. He said Mr Heijne, now 45, later went to the house of his young lover, whose name has been suppressed, lay on his bed and told him, "I have killed Frank", before demonstrating how he had strangled him. On January 4 last year, the day after the killing allegedly took place, Mr Heijne, who is facing one charge of murder, also allegedly confessed to an employee who worked as a manager for his and Cianciosi's West Australian Lenard's Chicken empire. The couple had built their wealth as the state's "master franchisees" of the Brisbane-based Lenard's Chicken chain, which had 27 stores across Western Australia. READ MORE ON THE STORY HERE
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Tags: Australia, body, court, gay, jury, murder
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April 23, 2009 Posted by Matthew Conaster in Crime & Punishment

Murder1 & Hate Crime

defendantA 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. angieZapata, 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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Tags: Angie Zapata, Colorado, court, Denver, homophobe, jail, jury, murder, prison, transgender, trial, violence
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December 6, 2008 Posted by Matthew Conaster in Crime & Punishment

Escort Attack: George Guilty

Norwegian Audun Carlsen, 29, said the singer beat him with a metal chain as he tried to escape from his flat after a naked photo shoot. The 46-year-old singer, who was tried under his real name of George O'Dowd, declined to give evidence in his trial at Snaresbrook Crown Court. However the jury was told he admitted to police that he handcuffed Mr Carlsen to his bed at his flat in Shoreditch, east London, on April 28 last year, while he investigated alleged tampering with his computer.

He accused Mr Carlsen of obtaining photos of himself from his laptop, taken by O'Dowd when the pair met three months earlier.

He denied punching Mr Carlsen or swinging a chain at him as the escort fled the flat and suggested the bruises Mr Carlsen sustained could have been due to the fact that he was HIV positive.

Sky's Sara Merchant, at the east London court, said: "When the foreman said guilty, Boy George's mouth dropped and his friends in the public gallery gasped. From then on he just looked pretty stony-faced. O'Dowd has been released on bail and will be sentenced on January 16.

Judge David Radford, who adjourned the case, said custody was "the more likely option". "He cut a pretty sad figure as he left court clutching a white plastic bag and he had tears in his eyes," said Merchant. "His weight has ballooned and he wasn't wearing any makeup. He was unrecognisable as that familiar 80s figure when he was in Culture Club. The whole thing was very low key."

Mr Carlsen said during the hearing that it was during a second meeting with the singer that things took a violent turn. After calling Mr Carlsen into his bedroom, O'Dowd leapt on him, wrestled him to the floor and started beating him. He told the court that he was dragged along the floor towards the bed and a manacle was put on his right hand and attached to a hook drilled in the wall. Mr Carlsen said O'Dowd produced a plastic box containing chains, sex toys and leather straps. He told the court he was then able to use the handcuffs as a tool to unscrew the hook from the wall. He ran to the door with O'Dowd pursuing him, lashing out with a metal chain, but he managed to escape and get out on to the street where he screamed for help.


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Tags: Boy George, escort, guilty, jury
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November 26, 2008 Posted by Matthew Conaster in Murder Of Bryan Koics

Voir Dire

Many people feel uncomfortable about homosexuality. Is it possible for a gay man to have a fair criminal trial when the entire panel of the jury is straight ? Let's hear your feedback.

The question has been asked many times by blacks. Can a black person get a fair trial when the jury is all white?

In this case in point both defendants are openly gay and the murder victim is openly gay and the jury is presumed straight.

OUR QUESTION IS THIS:  Is it possible for a gay man to have a fair criminal trial when the entire panel of the jury is straight ?

In checking up on the latest events in the trial of accused murder suspects Harlow Cuadra and Joseph Kerekes, we ran across their attorney's Voir Dire ( latin for “to speak the truth” (i.e., to render a true verdict), this phrase refers to the examination of prospective jurors under oath to determine bias or preconceived notions of guilt or innocence). < you may read about the entire case at this blog >

The questions that are proposed for this jury to be asked by the defendant's attorneys are as follows:

III. BIAS RELATING TO SEXUAL ORIENTATION:

The defendants in this case are homosexual. Further, the defendants were partners in a committed homosexual relationship. The victim in this case was also a homosexual. Testimony may be elicited from both the Commonwealth and defense regarding the sexual orientation of both the defendants and the victim. Given those facts:

A. Do you perceive that homosexuals are more or less likely to commit crimes or engage in criminal conduct?

B. Have you, members of your family or close friends ever made a joke about homosexuals?

C. Have you, members of your family or close friends ever referred to homosexuals by using a derogatory term such as “fag,” “queer,” etc?

D. Have you, members of your family or close friends ever felt uncomfortable in the presence of a homosexual, whether in a public facility, metropolitan area or neighborhood?

E. Have you, members of your family or close friends ever avoided situations where contact with homosexuals would be anticipated?

F. Have you, members of your family or close friends ever avoided television or media programs where homosexuals would be depicted simply because of that fact alone?

G. Have you, members of your family or close friends ever commented about the propriety of homosexuals living in committed relationships?

H. Have you, members of your family or close friends ever remarked about or objected to the demonstration of homosexual civil marriage ceremonies?

I. Have you, members of your family or close friends ever refused to associate yourselves with homosexuals?

J. Have you, members of your family or close friends ever commented on a perceived connection between homosexuals and disease including but not limited to HIV and the AIDS virus?

K. Would the fact that homosexuals are accused of killing another homosexual in any way affect your ability to serve as an impartial juror in this case?

L. Would you find the testimony of a homosexual less credible than that of a heterosexual simply because of their sexual orientation?

M. Would the fact that the defendants were in a committed homosexual relationship at the time of the commission of the alleged offense in any way affect your ability to serve as an impartial juror in this case?

N. Has anything ever occurred involving you, a member of your family or close friend which involved a person of homosexual orientation that would in any way create a feeling of animosity or hostility towards either of the defendants?

O. Are you conscious of any prejudice or bias against homosexuals?

P. Are you, any member of your family or close friends a member of any group or organization that advocates against homosexuality?

Q. Would the fact that either defendant may have a homosexual orientation or have a lifestyle different than yours in any way affect your ability to sit as a fair and impartial juror in this case?

Can you imagine what a straight jury will think after having been grilled with all these questions ?  What is your thinking ?   



CAN A GAY MAN UNDER THESE CIRCUMSTANCES GET A FAIR TRIAL?

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Tags: Brent Corrigan, Bryan Kocis, cobra video, Harlow Cuadra, Joseph Kerekes, jury, murder