I read the admonition that will be requested as the jury can not hold any prejudice against the victim for being gay, this is to prevent any member of the jury from bringing in any personal homophobia, the fact he was murdered for being gay must be considered by the jury, the fact that he was gay is not an issue they must consider,
GUILTY CA - Lawrence 'Larry' King, 15, fatally shot at Oxnard school, 12 Feb 2008
- Thread starter SheWhoMustNotBeNamed
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I read the admonition that will be requested as the jury can not hold any prejudice against the victim for being gay, this is to prevent any member of the jury from bringing in any personal homophobia, the fact he was murdered for being gay must be considered by the jury, the fact that he was gay is not an issue they must consider,
http://www.google.co.uk/url?url=htt...+trial&usg=AFQjCNG3pQeGs2uqV5wrVI9r1-7Zn_8WUQ
surveillance video of fight shown to jury
surveillance video of fight shown to jury
http://www.vcstar.com/news/2011/jul/22/juvenile-hall-supervisor-said-mcinerney-was-in/
testimony about how he has behaved whilst in juvenile detention,
testimony about how he has behaved whilst in juvenile detention,
http://www.vcstar.com/news/2011/jul/23/gilliam-attorneys-regrettably-revive-the-gay/
more on the strategy of asking for the "gay panic" law to be envoked
more on the strategy of asking for the "gay panic" law to be envoked
Joe, my friend who is an appellate attorney for the California Public Defender's Office (juvenile division) was out for a visit this week. I told her some of my concerns about prejudicial material (Hitler, white supremacist lit acquired after the crime) presented to the jury.
She agrees that an appellate court might well find that the judge erred, BUT she also thinks a higher court will rule that the errors aren't fatal and don't merit a retrial. This baffles me, but the courts in general have become increasingly pro-prosecution over the years.
She did NOT opine on some of the issues in this latest link of yours, issues such as fair mutual discovery. But I suspect an appellate court would also find that these do not rise to the level of reversible error.
it makes me mad when either side does not disclose all they are required to disclose, I think there should be a law that says if you don't disclose information/evidence in a timely manner pre trial you don't get to use the non dislclosed material during trial, it would stop all the shennanigans that goes on,
I think courts at all levels have always been pro prosecution, which is why I get peed off when defence attys get such a bad rap, defence attys are fighting against the might of the state, often alone with little money to defend there clients, and often defending what many see as the indefensible,
I think there is such a law (or rule) and the judge has the power to throw out evidence that wasn't properly disclosed. But I've also worked as support staff for some trials and I know how easy it is to lose something among the thousands of pages of evidence compiled for any trial.
So judges have other remedies, such as giving opposing counsel extra time to review the withheld info.
http://www.vcstar.com/news/2011/jul/26/video-of-mcinerney-fighting-in-juvenile-hall-to/
defence tries to dent the prosecutions assertions that defendant had white supremacist opinions
defence tries to dent the prosecutions assertions that defendant had white supremacist opinions
http://www.vcstar.com/news/2011/jul/28/gay-classmate-of-brandon-mcinerney-testifies-she/
defence CIC blaming the victim for his own murder, although I personally find it repugnant that some may think Larry in any way brought about his murder, I think the defence should be allowed to do so, there job is to get either an aquittal or a conviction on a charge less than murder, and I think defence attys should do all they can on behalf of there clients
defence CIC blaming the victim for his own murder, although I personally find it repugnant that some may think Larry in any way brought about his murder, I think the defence should be allowed to do so, there job is to get either an aquittal or a conviction on a charge less than murder, and I think defence attys should do all they can on behalf of there clients
http://www.vcstar.com/news/2011/jul/29/victims-mother-ordered-out-of-the-courtroom-in/
victims mother now banned from trial, as is his brother,
victims mother now banned from trial, as is his brother,
I agree that such a defense is repugnant, but so is not doing whatever you have to do to defend your client. So I agree there is no remedy until society progresses to the point such defenses simply stop working.
Maybe this case will be a step in that direction.
Poor Larry King. Between his family, his teachers and his classmates, that kid never had a chance!
ETA re the teacher's testimony that Larry King acted "too gay," I really want someone to slap that woman.
I was lecturing on gay theater at Pepperdine College (a conservative, religious college in Malibu) when one of the students asked me why gay people have to wear flamboyant clothes. I said, "Some do, some don't. We all have ways of 'performing' who we think we are, etc." But the funny thing was that the kid who asked the question was wearing full cowboy regalia, including a 10-gallon hat!
http://www.google.co.uk/url?url=htt...+phase&usg=AFQjCNFFHITQZeL7Qc1dZmOYcdx5Rx42mA
trial focusing on school administrators, seems odd to me why all these teachers are coming forward to testify for the defence and telling the jury that Larrys behaviour was affecting the other pupils and the school, but when asked by the prosecutor what actual events or things did they witness they suddenly reveal it was all gossip and they never witnessed King doing anything beyond dressing in a slightly feminine manner, and now they have got into the record that the only teacher who has supported Larry was a lesbian so she can't possibly be telling the truth she must have an agenda as to why she testified as she did
I find it odd that they are testifying in a way that appears to be attacking the victim for his choices, and the school should have put a stop to his ways, they don't apear to be very compassionate towards the victim considering they are teachers who knew the victim,
trial focusing on school administrators, seems odd to me why all these teachers are coming forward to testify for the defence and telling the jury that Larrys behaviour was affecting the other pupils and the school, but when asked by the prosecutor what actual events or things did they witness they suddenly reveal it was all gossip and they never witnessed King doing anything beyond dressing in a slightly feminine manner, and now they have got into the record that the only teacher who has supported Larry was a lesbian so she can't possibly be telling the truth she must have an agenda as to why she testified as she did
I find it odd that they are testifying in a way that appears to be attacking the victim for his choices, and the school should have put a stop to his ways, they don't apear to be very compassionate towards the victim considering they are teachers who knew the victim,
They've changed the content of that link. It's about another case now.
But what the hell is going on up in Oxnard?!
The testimony as you describe it (and suggesting that a woman would automatically commit perjury because she is a lesbian) sounds like the trial of Dan White for shooting Harvey Milk and George Mosconi! That crap, along with the so-called "twinkie defense", ended in White getting a reduced sentence.
It is not okay to shoot somebody because he or she strikes you as unusual. It is not the job of gay people to hide so that ignorant people feel comfortable.
http://www.google.co.uk/url?sa=t&source=newssearch&cd=1&ved=0CCsQqQIwAA&url=http%3A%2F%2Fwww.vcstar.com%2Fnews%2F2011%2Faug%2F01%2Ftestimony-in-mcinerney-trial-focuses-on-school%2F&ei=Yy03TsXhHZCq8APtrOCgDg&usg=AFQjCNG8_VQ18Poj9YwyI279_G4pgr5p-w
here is the link again, I hope this one sticks around,
here is the link again, I hope this one sticks around,
I'm not sure whether I'm glad you fixed the link. I am literally sick to my stomach after reading it.
(I'm not actually blaming you, joe, of course. Thank you for finding that article for us.)
The trial is being held in Chatsworth, right? I'd like to think jurors there will be too smart to fall for the testimony of homophobes such as Brown (the teacher who felt it necessary to testify to the vice principal's sexual orientation), but I'm not really very optimistic.
(ETA contrary to my post above, which was made before I'd actually read the link. The point of Brown's testimony may not have been to suggest that Epstein, the lesbian vice principal, was lying on the stand; the point may have been that she favored Larry King because she was a lesbian and therefore didn't take care of the "problem." Either way, Brown disgusts me.
That public school teachers think a student is "the problem" just because s/he is different is a sad commentary on public schools in Oxnard.)
http://www.google.co.uk/url?sa=t&source=newssearch&cd=1&ved=0CCoQqQIwAA&url=http%3A%2F%2Fwww.vcstar.com%2Fnews%2F2011%2Faug%2F01%2Fteacher-testifies-at-mcinerney-trial-about%2F&ei=z0Q4Tq_nIIrD8QOa9o2UAw&usg=AFQjCNFbtmZnbC8weeCn56whSbzf23YLgA
more teachers testify, so sad that Larry w3asn't allowed to grow up and find himself, and decide for himself who he was and how he wanted to live his life, he was just a mixed up boy who like many teens found it difficulot to fit in,
I am having a sinking feeling in the pit of my stomach that some on the jury may feel that Larry brought this on himself, and they may not convict on the murder charges,
the way Larry was shot was cool, calm and collected, it was not during the heat of the moment, he was sat in class with his back to his killer, he was shot in the head once, and then the killer looked around at the other pupils and shot him again in the head,
we shall have to wait for the verdict to see if any on the jury feel that Larry was responsible in any way for his own murder
more teachers testify, so sad that Larry w3asn't allowed to grow up and find himself, and decide for himself who he was and how he wanted to live his life, he was just a mixed up boy who like many teens found it difficulot to fit in,
I am having a sinking feeling in the pit of my stomach that some on the jury may feel that Larry brought this on himself, and they may not convict on the murder charges,
the way Larry was shot was cool, calm and collected, it was not during the heat of the moment, he was sat in class with his back to his killer, he was shot in the head once, and then the killer looked around at the other pupils and shot him again in the head,
we shall have to wait for the verdict to see if any on the jury feel that Larry was responsible in any way for his own murder
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