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October 22, 2009 Posted by GorgeousBoys in News And Scoops

Navy Forces Resignation of Chief Who Hazed Gay Sailor

joseph-rochaThe Navy has removed Senior Chief Michael Toussaint from active duty and censored him for his role in hazing several sailors, including one on the basis of his homosexuality. The move comes after Congressman Joe Sestak (D-PA) raised questions on behalf of the gay veteran, Joseph Rocha. Rocha, now a political science student at USD, said he suffered verbal and physical abuse as he tried to abide by the military's "don't ask, don't tell" policy regarding sexual orientation in the military. "My dream has always been to graduate from the Naval Academy" said Rocha. But, he also knew he was gay--and that he had to keep that fact under wraps. He headed to Bahrain to work training K-9s. But his superior, Chief Master-at-Arms Michael Toussaint, had his suspicions about Rocha. "Do you think there is anything funny about Rocha?" he would ask.

Then, the hazing started. "For whatever reason, without any proof, he decided my hazing would be focused on my sexuality." It included, "being ordered to simulate gay sex on video, finding myself on my knees when I was just trying to serve in the Middle East, coached as to how to have gay sex, all on camera with military dogs around." Rocha didn't know what to do. He was worried that if he reported the abuse, he would have to admit he was gay. "I didn't want to lose my career over it." The abuse continued. Gay porn was saved on his computer and comments were constantly made. "He was indoctrinating new handlers that they would soon meet a gay, ultra liberal service member." But, he wasn't alone in hazing abuse by Toussaint. A Navy report has over 90 complaints. Among them: sailors were "hog-tied...force fed liver dog treats and told to make dog and duck sounds." Navy spokeswoman and Commander Elissa Smith said that Michael Toussaint's enlistment extension has been canceled, which will force him to leave active duty and retire in January 2010. His retirement pay will be reviewed at a hearing. Smith said, "...the incidents were not in keeping with Navy values and standards and violated the Navy's longstanding prohibition against hazing...Our sailors are to be treated with dignity and respect in a healthy and positive working environment." Rocha said he was "surprised" and "proud" of the decision. He is disappointed that Toussaint will not face court marshall, though. Still, he views it as a big development for gay rights. "For the first time this has been a national acknowledgment from our military leadership, active duty military leadership, that our service is equal." He continued, "this kind of abuse, and this kind of bigotry and homphobia and hatred does not line up with the core values, neither of our military nor of this country and I think that's the finest thing to take from today."
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Tags: abuse, hazing, navy, san diego
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September 4, 2009 Posted by GorgeousBoys in News And Scoops

Navy Promotes Chief Who Brutalized Gay Sailor For 2 Yrs.

2009-06-26-Gonzos001bThe U.S. Navy promoted a Chief who perpetrated and supervised the brutal two-year hazing of a sailor suspected of being gay after refusing to sleep with a female prostitute, according to a report released by the Palm Center. According to official Navy documents obtained under the Freedom of Information Act (FOIA) , Petty Chief Michael Toussaint was promoted to the rank of Senior Chief, even after an investigation into the abuses was launched and completed in 2007. The documents, which were obtained by a member of Toussaint's unit and shared with Youth Radio, reveal that former Petty Officer Third Class Joseph Rocha was brutalized for more than two years by Toussaint and his unit mates at his base in Bahrain after they first suspected that Rocha was gay. Among the ongoing abuses Rocha suffered were being hog-tied to a chair and pushed, still bound, into a dog kennel full of feces, and being forced to bend over a desk and being hit repeatedly as hard as possible.  Rocha and another junior sailor were instructed to go into a classroom by Chief Toussaint, "who orchestratated a 'training exercise' for how to deal with a hypothetical complaint about homosexual sex ...  [Chief Toussaint] made the men simulate sex while being videotaped."  According to the documents, this occurred "more than thirty times".  
Joseph Rocha

Joseph Rocha

Rocha did not report the abuse, which continued until 2006, because he said he feared retaliation and discharge under “don’t ask, don’t tell.”  According to Aaron Belkin, Director of the Palm Center, “it is very hard for an organization to get rid of abuse as long as discrimination remains official policy.”   The Palm Center report says Rocha's is only one example of a much larger culture of abuse in the armed forces.  An official military summary of the investigation lists 93 incidents and types of abuse, including "throwing hard rubber balls at the groin, allowing a dog to attack a sex worker, and handcuffing two female sailors to a bed and forcing them to simulate lesbian sex while being videotaped." After returning from the Middle East, Rocha developed post-traumatic stress disorder and said he acknowledged to both himself and his commanding officers that he was gay.  His worst fears were realized when he was discharged from the Navy under "don't ask, don't tell."  Rocha has a blog called Second Class Citizens, where he tells his story (which includes more detail about the abuses he suffered under Toussaint and his DADT discharge) and comments on LGBT issues.
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Tags: Joseph Rocha, Michael Toussaint, navy, Palm Center
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August 2, 2009 Posted by TheBoss in News And Scoops

Commits Suicide In Jail

Petty Officer Jonathan Campos of Lancaster was found dead in his military jail cell at Camp Pendleton. Campos stood accused of murdering Seaman August Provost, a 29-year-old Houston native who "was shot multiple times as he stood guard at Camp Pendleton on June 30."
Campos, accused of murdering fellow Navy man August Provost (seen here in a pic he'd posted on his own MySpace profile), was found dead in his cell

Campos, accused of murdering fellow Navy man August Provost (seen here in a pic he'd posted on his own MySpace profile), was found dead in his cell

Including Provost's murder, Campos faced 16 total charges stemming from the incident, "including murder, arson, unlawful entry, theft of military property and wrongful possession of a firearm." The pair had both served in a 500-member assault-craft unit; Provost was described as being openly gay, but quiet about his private life. Campos spent much of his spring battling drug and other legal demons; he had been accused by Navy officials of "using hallucinogenic mushrooms several times between May 1 and June 2," as well as committed robbery at the San Diego home of another serviceman on the 13th. He was arrested for a DUI on the 20th, but was on guard duty the night of the 30th when he shot and killed Provost. Once described as a "rising star" in the Navy, Campos' "cause of death was determined to be self-inflicted asphyxiation."  
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Tags: navy, san diego, suicide
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July 25, 2009 Posted by GorgeousBoys in News And Scoops

Charges In Death of Seaman

seaman2A sailor has been charged with fatally shooting and burning a gay serviceman last month at Camp Pendleton, but Navy officials said Thursday it was part of a crime spree not related to the victim's sexual orientation. Prosecutors accuse Petty Officer 2nd Class Jonathan Campos of killing Seaman August Provost during an arson attack against the compound of Assault Craft Unit 5 on June 30, said Capt. Matt Brown, a spokesman for Navy Region Southwest.   Brown again stressed that there's no evidence of a hate crime or gang-related activity. “It is essential to remember the Navy lost a well-respected sailor standing guard at his assigned post,” he said during a news conference at the San Diego Naval Base.   Campos, 32, of Lancaster, faces 16 charges, including murder, arson, unlawful entry, theft of military property and wrongful possession of a firearm. He also is charged with soliciting a civilian in San Diego to murder another sailor the day after Provost's killing.   Brown said Campos and Provost served in the 500-member assault craft unit, whose members are trained to pilot jet-powered hovercraft onto beaches for amphibious operations.   They likely had met before, he said, but there's no evidence to suggest they knew each other well. Campos had served with the unit for most of the past two years, while Provost joined the Navy in March 2008 after completing three years of college and had joined the unit last September.   Navy officials accuse Campos of using hallucinogenic mushrooms several times between May 1 and June 2. On June 13, he allegedly broke into the off-base home of a fellow service member in San Diego and stole an Xbox computer-game system, jewelry and a .45 caliber Kimber pistol. The same pistol was used to kill Provost, investigators allege.   On June 20, Campos was picked up for driving under the influence. About a week later, he faced administrative punishment from his Navy commanders.  At the time, Brown said, the Navy had not linked Campos to the home burglary. About 11:30 p.m. June 30, Provost took his post at a guard shack along the driveway to the assault craft unit's entrance. Sometime before 3:30 a.m., Navy officials allege, Campos approached the guard shack, shot Provost several times and stole his 9mm Beretta service pistol. Campos then allegedly set fire to the shack – with Provost's body still inside – using gasoline and a lighter. “He apparently did it to destroy evidence,” Brown said.   Campos also is accused of planning to set fire to one of the unit's landing craft, but he never made it into the compound. Brown didn't specify why Campos became a suspect, but he did say that Campos failed to show up for work before being arrested July 1. The defendant is being held at the Miramar Naval Consolidated Brig. Provost's death has prompted concerns from gay-rights leaders and some of his family and friends who believe he might have been killed because of his sexual orientation. Gay activists held a candlelight vigil July 10 near Camp Pendleton's main gate.   On Thursday, Provost's aunt said she's still not sure what to think about the killer's motive. “We just want justice to be done, and we hope to one day understand why the killer would target someone as good and responsible as my nephew,” said Rose Roy of Beaumont, Texas.   The Navy hasn't announced a date for Campos' pretrial hearing, called an Article 32 proceeding.   Story From San Diego Tribune
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Tags: murder, navy, san diego, seaman
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July 6, 2009 Posted by GorgeousBoys in Crime & Punishment

Honoring Seaman Provost

seamanaugustprovostAugust Provost, a sailor from Houston, was found shot in a guard booth on the base early Tuesday, June 30th. The murderer also tried to set the booth on fire in an apparent attempt to destroy evidence. Military officials are holding a suspect in the brig at Miramar while they investigate. A candlelight vigil is being planned to honor August Provost, the gay sailor who was murdered at Camp Pendleton last week. The vigil will take place in front of Camp Pendleton this Friday, July 10 from 7:30 to 9:00 p.m. The tragedy of Provost's death has gained wide attention from the gay community. Provost was gay and was out to many of his fellow servicemembers. He had also complained to his sister, Akalia, that he had been recently harassed in regards to his sexuality. Provost's family encouraged him to report the harassment to superiors, but that was probably not an option. Under the military's discriminatory Don't Ask, Don't Tell policy, Provost could have been discharged if he acknowledged his sexuality to his superiors. seamanDespite this, military officials have stated that there is nothing in the case to suggest the murder was a hate crime. They have also said that terrorism and gang violence were not motives. No reason for the murder has been released yet, leaving many people to wonder what really happened the night Provost was murdered. Nicole Murray-Ramirez, chairman of San Diego's Human Rights Commission, is asking for an inquiry into whether Provost was killed because of his sexual orientation.
"We respect the military, but we want to ensure that there is full disclosure, to see if this was a hate crime," Murray-Ramirez said. "A member of our community has been killed."
Friday's candlelight vigil is being organized by DOD Fed Globe, a group that supports the rights of the LGBT Armed Forces and Civil Service, those who wish to serve, and friends and family of servicemembers. For more info: Sailor questioned in seaman's death Info on the candlelight vigil
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Tags: Houston, military, murder, navy, san diego
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April 10, 2009 Posted by TheBoss in Crime & Punishment, Murder Of Bryan Koics

Harlow Cuadra Appeals

001Harlow Cuadra is appealing his conviction of life without parole for the killing of Cobra video owner Bryan Kocis. In a court filing, lawyers for Cuadra stated that Cuadra “hereby appeals to the Superior Court of Pennsylvania from the conviction and sentence on March 16, 2009.” Cuadra’s former lover and business partner, 35-year-old Joseph Kerekes, already is serving life after pleading guilty last December to second degree murder after making a deal with prosecutors. Kocis’ body was discovered in his home in 2006 by firefighters responding to a blaze in the rural home. More than 80 percent of the body was covered by third-degree burns and police said the fire had been set deliberately to destroy evidence. Forensics experts were able to resurrect the hard drive of a computer found at the scene. The contents led investigators to Cuadra and Kerekes. Cuadra and Kerekes saw Kocis as a competitor. The 27-year-old Cuadra had faced a death sentence, but the jury of eight men and four women could not reach a unanimous decision on whether the prosecution had met the burden of proof that the death penalty was appropriate. harlowDuring his trial, Cuadra took the stand in his own defense and testified that Kerekes was a controller.  He said that Kerekes managed his e-mail accounts and held Cuadra’s credit and identification cards at all times, even when they went out. Cuadra, crying openly, told the jury that as a child he had been sexually abused by his stepfather and hid his homosexuality until he left the Navy. But two police officers who arrested the pair offered conflicting testimony. Luzerne County Detective Daniel Yersha told the court that after Cuadra listened to the charges he told investigators that Kerekes was not involved. “He said, ‘Joe didn’t do it,’” Yersha testified. A second detective involved in the arrest, Dallas Township police Sgt. Doug Higgins, corroborated Yersha’s testimony. Higgins said that after the charges were read, something that took 75 minutes, he asked Cuadra if he were hungry. “He blurted out, Joe didn’t do it,” Higgins testified. A forensics investigator testified that a laptop computer seized from Cuadra’s home had several pictures of Kocis saved to it, as well as nude photos of Cuadra that were sent to Kocis just days before the killing. The prosecution argued that the photos of Kocis were to help Cuadra identify him, and that the nude shots of Cuadra were meant as a lure to get into Kocis’ home.

What About The Appeal Process ?

 
Matthew Conaster
By Matthew Conaster: The Notice of Appeal is required to be filed within the time allowed by statue (usually 10-30 days following final judgment). Its a simple form and doesn’t set forth the grounds or argument of why he is appealing. Following this filing of the Notice of Appeal the higher court’s clerk will docket the appeal and a time schedule is set by the Appellant Court as to when the briefs are to be filed. Typically the court will order the verbatim transcripts to be prepared by the court’s reporter and address and rule on any matters concerning the defendant’s petition if any to proceed In Forma Pauperis (latin for ‘broke as fuck’) before the appeals process truly begins. I would suspect Harlow has no funds to retain counsel for his direct appeal. Since a direct appeal is a constitutional right afforded to any criminal defendant the court will be required to appoint counsel to represent Harlow on appeal if they find Harlow has no means to employ counsel. His trial attorneys (who were retained during trial) may end up most likely not representing Harlow on appeal and the court will appoint counsel from a pool of attorneys usually more experienced with appeals. Once the initial brief is filed the Commonwealth Attorney General’s office will answer the brief in writing. This process will take many months to complete before the Appeals Court will consider and rule on the appeal. If the Commonwealth Appeals Court Affirms Harlow’s verdict and sentence then Harlow may petition the US Supreme Court for a Writ of Certiorari to hear the appeal court’s decision. If that fails Harlow will then have no other course to fight his case short of another action known as Writ of Habeas Corpus which is basically a post conviction petition that usually shows things like new evidence coming forth or some other matter not then known to everyone during the course of the initial trial. All of these appeal hearings will be mostly done on paper with no appearance in court by Harlow himself. The appeals court may grant a few minutes to Harlow’s attorney for an oral argument before the panel of appeal judges - but short of that this will all be done on paper. Meanwhile Harlow will learn about all of this via US Mail. In fact more people will know about what’s going on before Harlow himself knows. Bottom-line as I see it, Harlow’s trial was more than fair and short of some new evidence that would appear to show him innocent of the crime he doesn’t stand a snowball’s chance in hell. His best bet will be to become a model inmate and hope somewhere in the future the laws may change and afford him a chance at parole or a reduction in his sentence for being a good boy. This is a very likely event that may come to pass as prisons become more crowded and politics shift away from anti-crime legislature. The late 1960s were the last era of this type of current change. They say history repeats itself. In 30-40 years Harlow MAY once again walk the streets. story credit: 365gay.com  
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Tags: appeal, court, murder, navy, Pennsylvania, prison
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January 31, 2009 Posted by Matthew Conaster in Politics, Diversity & Rights, Special Reports

Lives Of Gays In The Navy

080702-n-4565g-004The production of a documentary on gay Naval Academy graduates in Annapolis, Maryland is getting a lot of attention along with their stories of being forced to keep their sexual identity secret. When it's released, the documentary "Out Of Annapolis" will have stories from 100 gay Naval Academy graduates and how they struggled to balance military service and sexual identity.

"It takes a tremendous amount of energy to separate your personal life from your work life when you're gay, and you have a secret that will effectively get you fired," said Brian Bender. "When I took the oath of office, I did not identify myself as a lesbian. I was brought up in a very strict, Christian home and thought it was sinful, to tell you the truth, when I entered the Naval Academy.

The documentary trailer is posted below, and the final product will be entered in gay and lesbian film festivals.

[MEDIA not found]

One Naval Academy graduate from Baltimore and former Marine Major will be interviewed for the project. "While we were at the academy, you were so nervous, you didn't say anything to anybody because you didn't know if you confided in someone if it was the wrong person and if they would take it and use it against you in some way," said Frank McNeil. McNeil now works in banking. He says he wanted to participate so younger gays in the military could see others succeeded and are happy in their lives.

"You didn't have positive role models. You heard from the church, from society, you heard from your family this was not a lifestyle that you could live," said McNeil. The project doesn't focus on the "don't ask, don't tell" police, but it's an underlying theme.

In November, more than 100 admirals and generals wrote a letter to the Obama transition team requesting that the "don't ask, don't tell" policy be dropped. One of them was a former superintendent of the Naval Academy. Retired admiral Chuck Larsen signed the letter. The Associated Press says he has a gay daughter and worked with many gays in the Navy. The Alumni Association says it accepts all academy graduates.

"To us, it doesn't matter if you're gay, lesbian, transgender. You are a member of the Alumni Association from the day you raised your hand to take the oath as a midshipman of the U.S. Navy," said Skid Heyworth.

The Naval Academy says it isn't commenting on the documentary and abides by the current policy set by the commander in chief.

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Tags: documentary, midshipman, navy, Out Of Annapolis, US Naval Academy