Prosecutor seeks to quash 'gay panic' defense in Oxnard slaying

[Shana A]

Prosecutor seeks to quash 'gay panic' defense in Oxnard slaying
Judge will be asked to invoke a state law that allows jurors to be instructed to disregard a victim's sexuality.

By Catherine Saillant, Los Angeles Times
July 21, 2011

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

The trial of an Oxnard teenager accused of gunning down a gay classmate he thought was flirting with him marks the first test of a state law allowing judges to admonish jurors that a victim's sexual orientation should not influence deliberations.

Attorneys for Brandon McInerney argue that their client, who was 14 when he gunned down Larry King in an Oxnard junior high school computer lab, was so humiliated by King's flirtation that it provoked him to kill his classmate. Gay rights advocates say the argument is a classic "gay panic" defense.

[spacial]

Gay rights advocates say the argument is a classic "gay panic" defense.

With respect, if accepted, it will be a blanket justification for murder, even assault.

But the way US law has trivialised life, so often, it sadly, doesn't surprise me.

[tekla]

But that this defense never works.  If I were the prosecution I'd be creaming my pants for the defense to use this.  Sure they 'object' but that's pro forma stuff, they'd love to let it roll because it's real hard to claim PANIC when you come armed with intent.  Matter of fact, it's impossible.  And 'gay panic' in LA, yeah, right.