GUILTY CA - Lawrence 'Larry' King, 15, fatally shot at Oxnard school, 12 Feb 2008

[joe jones]

part of the states case is that the defendant had white supremacist literature, and part of that involves an hatred of not only gay people but people of other ethnicities,

the defence are arguing that he was not interested in white supremacy thus he had no hatred of gays and alongside that they must try to show that he had no racist tendensies to bolster there argument that he is not into white supremacy

 

[Kat]

Thank you joe. I hadn't followed this case and only learned of it when I was looking for updates for another trial.

I appreciate your explanation!

 

[joe jones]

http://www.vcstar.com/news/2011/jul/08/no-headline---mcinerney_day_4/

his teacher testifies,

 

[Nova]

http://www.vcstar.com/news/2011/jul/08/no-headline---mcinerney_day_4/

his teacher testifies,

From that link...

"I also told him he needed to respect others as much as he wanted their respect for being gay," said Boldrin, who wore a purple sun dress in court that revealed a tattoo around her bicep. "Your classmates are young and this is hard on them and you maybe need to not be so pushy with it."

Great. Hide who you are "out of respect" for those who can't handle your difference. And this is from a teacher who meant well and tried to HELP the victim! Poor Larry King: his parent disown him and a teacher who likes him basically tells him it's his fault if others abuse him.

Would Ms. Boldrin tell light-skinned African-Americans and Latinos to hide their ethnic heritage "out of respect" for those who don't like people of color?

Boldrin obviously meant well and seems to have genuinely cared about Larry King. Maybe she really meant "tone it down for your own safety", but then that's what she should have said.

 

[joe jones]

http://www.google.co.uk/url?sa=t&source=web&cd=1&sqi=2&ved=0CCMQqQIwAA&url=http%3A%2F%2Fwww.vcstar.com%2Fnews%2F2011%2Fjul%2F11%2Fmcinerneys-former-teacher-says-school-145has-to%2F&ei=ElccTvfnIdSEhQeNybDBBw&usg=AFQjCNEfy2RbV9C1uGbGhWvpB_ttK2ccyg

more finger pointing at victim

 

[joe jones]

http://www.google.co.uk/url?url=htt...+trial&usg=AFQjCNGaaD3a7OSkCZZHmA8H5MRubPFKDg

focusing on how he dressed

 

[Nova]

http://www.google.co.uk/url?url=htt...+trial&usg=AFQjCNGaaD3a7OSkCZZHmA8H5MRubPFKDg

focusing on how he dressed

This testimony surprises me:

"It seemed that the foster care he was in was not condoning it, per se, but at least was allowing him to finally do as he wanted to do," Boldrin told the court.

IIRC, at the time of the shooting, media reports said the group home in which King was housed very much encouraged his cross-dressing. It sounded as if King had been perhaps unwisely emboldened by his foster situation.

I'm not blaming the group home, but at the time I thought there should have been more of a dialogue within the gay community about encouraging children to "come out" when and where it simply isn't safe for them to do so. I hate telling children to hide who they are because it always conveys a message that who they are is bad; on the other hand, if we can't keep them alive, there's no point in worrying about their self-esteem.

And we do need to make sure we aren't putting kids at risk by encouraging them to support the gay community prematurely.

 

[joe jones]

http://www.google.co.uk/url?url=htt...y+king&usg=AFQjCNHx__mhwEiog0xPT_8Uac1l9twWHw

evidence found after murder

 

[Allusonz]

This testimony surprises me:



IIRC, at the time of the shooting, media reports said the group home in which King was housed very much encouraged his cross-dressing. It sounded as if King had been perhaps unwisely emboldened by his foster situation.

I'm not blaming the group home, but at the time I thought there should have been more of a dialogue within the gay community about encouraging children to "come out" when and where it simply isn't safe for them to do so. I hate telling children to hide who they are because it always conveys a message that who they are is bad; on the other hand, if we can't keep them alive, there's no point in worrying about their self-esteem.

And we do need to make sure we aren't putting kids at risk by encouraging them to support the gay community prematurely.

Maybe it is just me, but it strikes me that they did not have the training/expertise on how to deal with this issue

 

[joe jones]

http://www.google.co.uk/url?sa=t&source=web&cd=1&sqi=2&ved=0CCAQqQIwAA&url=http%3A%2F%2Fwww.sacbee.com%2F2011%2F07%2F14%2F3769253%2Fteen-murder-defendant-had-racist.html&ei=NWAfTt6WDYaV8QOGppnNAw&usg=AFQjCNF-HVQq6-p3q-Ys-_pNw9VcPApLzQ

defndant had racist material

his mother not helping his cause, I expect other family members will testify that the white supremacist literature and materials that came from his home were theres,

odd though if they were as he appeared to still be collecting similar items whilst in prison with his mothers assistance

 

[Allusonz]

http://www.google.co.uk/url?sa=t&source=web&cd=1&sqi=2&ved=0CCAQqQIwAA&url=http%3A%2F%2Fwww.sacbee.com%2F2011%2F07%2F14%2F3769253%2Fteen-murder-defendant-had-racist.html&ei=NWAfTt6WDYaV8QOGppnNAw&usg=AFQjCNF-HVQq6-p3q-Ys-_pNw9VcPApLzQ

defndant had racist material

his mother not helping his cause, I expect other family members will testify that the white supremacist literature and materials that came from his home were theres,

odd though if they were as he appeared to still be collecting similar items whilst in prison with his mothers assistance

Sounds like you are right with respect to the other family members

 

[Nova]

http://www.google.co.uk/url?url=htt...y+king&usg=AFQjCNHx__mhwEiog0xPT_8Uac1l9twWHw

evidence found after murder

I really have a problem with the judge allowing testimony about what the defendant does and/or possesses in jail. People do a lot of things, including joining gangs, in order to survive in prison. That would be reversible error if I were an appellate judge.

 

[joe jones]

I really have a problem with the judge allowing testimony about what the defendant does and/or possesses in jail. People do a lot of things, including joining gangs, in order to survive in prison. That would be reversible error if I were an appellate judge.

I don't think it is an appelatte issue, all pisoners know that everything that is sent into prison for them is read, all phone calls recorded, it is well established legal practice for the state to use things that have been said on jail phones in court, and to use things the prisoner either writes or receives as evidence,

I have seen trials where a prisoners diary was used as evidence,

the state is using his jail house white supremacist literature to refute that defences assertion that all the white supremacist stuff found in the home he lived in did not belong to him, even if it did not belong to him it is obvious he holds white supremacist views of some form as he is collecting literature in jail to so with it

to me his white supremacist leanings were established well before he was put in prison,

 

[joe jones]

http://www.google.co.uk/url?sa=t&source=newssearch&cd=2&ved=0CEUQqQIwAQ&url=http%3A%2F%2Fwww.vcstar.com%2Fnews%2F2011%2Fjul%2F14%2Fjudge-denies-request-for-mistrial-in-brandon%2F&ei=TNQhTr3gFYPSsgagp92bAg&usg=AFQjCNE9eMbBs3geHnV3Eq-pNxuOldAf0A

judge denies request for mistrial

 

[Nova]

I don't think it is an appelatte issue, all pisoners know that everything that is sent into prison for them is read, all phone calls recorded, it is well established legal practice for the state to use things that have been said on jail phones in court, and to use things the prisoner either writes or receives as evidence,

I have seen trials where a prisoners diary was used as evidence,

the state is using his jail house white supremacist literature to refute that defences assertion that all the white supremacist stuff found in the home he lived in did not belong to him, even if it did not belong to him it is obvious he holds white supremacist views of some form as he is collecting literature in jail to so with it

to me his white supremacist leanings were established well before he was put in prison,

Sorry I wasn't clearer, Joe. I don't object to use of a prisoner's references (diaries, whatever) to the crime for which he was charged.

But if you are a white male, particular an underage white male, you may feel you need to align yourself with a white supremacist group in jail/prison simply for your own protection. That's why *I* object to the prosecution's use of that material.

And I only said that *I* am bothered by this evidence. I'm in no way predicting that a real-life appellate court will feel the same.

(In case it isn't clear, I am staunchly pro-defense in this matter. Nonetheless, I would have tried McInerney as a juvenile and I wouldn't allow evidence of his current reading material unless it was unique to him personally. That doesn't appear to be the case.)

 

[Nova]

http://www.google.co.uk/url?sa=t&source=newssearch&cd=2&ved=0CEUQqQIwAQ&url=http%3A%2F%2Fwww.vcstar.com%2Fnews%2F2011%2Fjul%2F14%2Fjudge-denies-request-for-mistrial-in-brandon%2F&ei=TNQhTr3gFYPSsgagp92bAg&usg=AFQjCNE9eMbBs3geHnV3Eq-pNxuOldAf0A

judge denies request for mistrial

Now that i read this link, I'm not sure what McInerney had in his cell. Maybe my concern over the prejudicial nature of white supremacist literature was irrelevant.

 

[joe jones]

http://www.vcstar.com/news/2011/jul/18/final-prosecution-witnesses-being-called-today/

evidence about white supremacy

 

[Nova]

http://www.vcstar.com/news/2011/jul/18/final-prosecution-witnesses-being-called-today/

evidence about white supremacy

I have a friend who is an appellate attorney for the Public Defender's Office, Juvenile Court division. I realize McInerney isn't being tried as a juvenile, but I can't to ask may friend about some of this judge's decisions.

Testimony about Hitler isn't more prejudicial than probative? This case sounds like a fertile field for appellate issues, but I'm not up-to-date about what is allowed in California criminal courts these days. My friend is.

 

[joe jones]

http://www.latimes.com/news/local/la-me-0721-gay-panic-20110721,0,6004986.story

state will request judge to admonish jury not to consider the victims sexuality

 

[Nova]

http://www.latimes.com/news/local/la-me-0721-gay-panic-20110721,0,6004986.story

state will request judge to admonish jury not to consider the victims sexuality

Thanks, Joe. I think the admonishment is poorly worded (by the article, not by you). Obviously, the victim's sexuality has to be considered for the hate crime enhancement, so what the State is really asking is just that the jurors be instructed that the victim's sexuality isn't a justification for murder.