July 21, 2009
Gay Panic Defense in King Murder?
By Julie Bolcer

http://www.advocate.com/news_detail_ektid99802.asp

As testimony got under way on Monday in the pretrial hearing for Brandon McInerney (pictured), the Ventura County teen accused of murdering openly gay classmate Lawrence King last year, his defense attorney argued that he was provoked by same-sex romantic overtures, reports the Los Angeles Times.

Defense attorney Scott Wippert reportedly questioned a witness from the Oxnard police department sharply at one point, asking, "Did you inquire if Larry King was making sexual advances toward McInerney ... you do realize he's charged with first-degree murder? That he was provoked?"

He is being charged as an adult, so this will be in adult court, and in Ventura that's going to be a hard argument to make, it's not like it's worked in the last decade or so.

Ya know, I am very much against this child being tried for a capital offense in this case, or for that matter getting sent to Soledad or some such adult prison. I'd feel that way about pretty much any child being tried that way.

Just on a note of curiosity, though.

OK, Larry teased and challenged Brandon. But never has there been any evidence that Larry used any sort of physical violence or threat in any way at all against Brandon and the other boys who were arrayed against him daily.

So, in whose mind would I expect it to be formulated that shooting someone else in the back of the head while the kid sat in a biology lab is a means of self-defense for "sexual harassment?"

I'm just not seeing the logic of that entire notion. Of course, I have no idea what a jury in Ventura is likely to look like either. And given the workings of American jurors and juries it may fly. 

From the Wiki.

Ventura County is a county in the southern part of the U.S. state of California (Southern California). It is located on California's Pacific coast, and forms the northwestern part of the Greater Los Angeles Area. It is often referred to as the Gold Coast, and has a reputation of being one of the safest populated places and one of the most affluent places in the country. It is ranked as one of the 100 highest-income counties in the country and as the sixth wealthiest county in California by per capita income. As of December 2008, the median home price is $355,000 [1]