Prosecutor in Larry King Murder Invokes "Gay Panic" Law
http://www.bilerico.com/2011/07/prosecutor_in_larry_king_murder_invokes_gay_panic.php7/26/11
Jillian T. Weiss
In the first-degree murder trial of Brandon McInerney, who brought a gun to school in Oxnard, California to kill his classmate, 15 year-old Larry King, the defense is arguing that McInerney was "provoked" into killing King because King was gay and McInerney perceived him as flirtatious. It appears that King attempted to counteract hateful conduct of McInerney and others by "blowing kisses" and similar strategies during their frequent bullying.
Prosecutors, on the other hand, are seeking to quell this "gay panic" defense, invoking a state law that allows jurors to be instructed to disregard a victim's sexual orientation. The Gwen Araujo Justice for Victims Act, passed in 2006, allows the judge to instruct the jury not to allow bias based on sexual orientation, gender identity or other protected bases to influence their decision.