Barb
Carpe Scrotum
Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom - Cynthia Lee - Google Books
It was called "Gay (or homosexual) panic disorder," in the 1920's, by Dr. E. Kempf, in the Diagnostic and Statistical Manual of Mental Disorders in 1952, and in a study conducted by a Henry Adams, there was, exclusively, penile erection in those men in the study who self-identified as hostile to homosexuals.
Judge Rejects 'Gay Panic' As Defense in Murder Case - NYTimes.com
And what did McKinney do to Sam Shepherd?
Gay Man Dies From Attack, Fanning Outrage and Debate - NYTimes.com
It was called "Gay (or homosexual) panic disorder," in the 1920's, by Dr. E. Kempf, in the Diagnostic and Statistical Manual of Mental Disorders in 1952, and in a study conducted by a Henry Adams, there was, exclusively, penile erection in those men in the study who self-identified as hostile to homosexuals.
Judge Rejects 'Gay Panic' As Defense in Murder Case - NYTimes.com
''It is a desperate defense, to begin with,'' said Nanci Clarence, a criminal defense lawyer in San Francisco who has worked on many cases involving gays as victims and witnesses. ''You are asking jurors to buy the notion that internalistic homophobia can be used to justify killing. That's a lot to bite off.''
Mr. McKinney, 22, has confessed to killing Mr. Shepard, and prosecutors who have charged him with first-degree murder say they will seek the death penalty.
But in opening statements last week, his lawyer, Jason Tangeman, told the jury that Mr. McKinney's ''five-minute emotional rage'' against Mr. Shepard followed advances that reminded Mr. McKinney of homosexual abuse he had suffered as a child. Therefore, Mr. Tangeman argued, his client deserves no more than a conviction for manslaughter.
Legal experts say efforts by lawyers to mount such a defense have grown in recent years out of need, as society has become more tolerant.
Beatrice Dohrn, legal director of the Lambda Legal Defense and Education Fund, a gay advocacy group in New York, said lawyers historically could win lighter sentences, even acquittals, for people accused of violent crimes against gays simply by playing to a jury's homophobic bias.
And what did McKinney do to Sam Shepherd?
Gay Man Dies From Attack, Fanning Outrage and Debate - NYTimes.com
By JAMES BROOKE
Published: October 13, 1998
FORT COLLINS, Colo., Oct. 12 Matthew Shepard, the gay college student who was kidnapped, robbed and pistol-whipped, died here today, five days after he was rescued from a Wyoming ranch where he had been left tied to a fence for 18 hours in near-freezing temperatures.
His death, announced at the Poudre Valley Hospital here, fanned the outrage that followed word of the attack, spawning vigils, producing calls for Federal hate-crimes legislation from President Clinton and fueling debates over such laws in a host of Western states, including Wyoming, that have resisted them.
In places from Denver to the University of Maryland, people turned out to mourn the soft-spoken 21-year-old who became an overnight symbol of deadly violence against gay people after he was found dangling from the fence by a passerby.
Russell A. Henderson, 21, and Aaron J. McKinney, 22, were charged with attempted murder and are expected to face first-degree murder charges that could bring the death penalty. Their girlfriends, Chasity V. Pasley, 20, and Kristen L. Price, 18, were charged as accessories.