Gay/gender identity panic wins as McInerney murder case results in mistrial
By: Pam Spaulding Thursday September 1, 2011 7:24 pm
http://pamshouseblend.firedoglake.com/2011/09/01/gaygender-identity-panic-wins-as-mcinerney-murder-case-results-in-mistrial/ (http://pamshouseblend.firedoglake.com/2011/09/01/gaygender-identity-panic-wins-as-mcinerney-murder-case-results-in-mistrial/)
My FDL colleague Teddy Partridge has already blogged about this horrifying news, but I wanted to register my own level of despair (but not surprise) about the mistrial declared in the murder case of Brandon McInerney, who shot classmate 15-year-old Lawrence King in the back of the head at point-blank range with a .22-caliber gun.
The defense's case rested on a naked claim of gay panic — that McInerney was somehow so traumatized by King's dressing in makeup and girl's boots and teasing him that McInerney had to resort to homicide to alleviate his discomfort.
To claim it 'wins' is to misstate what has taken place. Jeopardy did not attach. The State retains the right to retry the case. And actually in a situation like this, the State is often in BETTER shape on the retrial because they can more thoroughly prep the case to address the perceived weaknesses identified by the jurors in the post-trial interviews...
So by that logic, a person could be so shocked and horrified and discomforted by this mistrial that they have to resort to homocide to alleviate their discomfort and get away with it.
I hope the whole Heaven/Hell thing is real after all. I may burn in hell but it will be worth it to see that bastard who defended McInerney burn.