Judge Ware Denies Motion to Vacate Judge Walkers Prop 8 Decision

American Federation for Equal Rights rocked it out it again.

It seems Defendant-Intervenors (Protect the Family, NOM et al)  attempt to to overturn Judge Vaughn Walkers ruling of the unconstitutionality of Prop 8 overturned on the basis of his gayness has failed.

Read the decision >

Yesterdays argument was basically, "The Judge is gay, he's in a 10 year relationship, so he MUST want to get married, which makes him biased and will benefit from equality the law - so please overturn the decision".

The fact is they never put on a case to begin with. They will continue to lie to play to peoples fears and suck as much money as they can for as long as they can from as many misguided souls as they possible.

Bigotry is big business.

Lez BE 4 Real: The Lies of Paula Brooks AKA Bill Graber

In July of '09 when I signed up to write for http://lezgetreal.com with the tag line "A Gay Girls View to the World" I had no idea my editor "Paula Brooks' was Bill Graber.  I just liked the writing - especially Melanie Nathan and Bridgette LaVictoire. I had several long chats with fellow lesbian "Paula" and shared things that I would never have shared with a straight man. I felt great admiration for the deaf, gay, mother of twins... now I just feel icky. 
Linda S. Carbonell in her giggling, cavalier "To Our Readers" column makes light of the creep factor in this situation, offering little compassion and assuring readers that business as usual will resume soon. AS IF!!!


Next ; lies

McInerney Brother Says Trial Not About Hate

"Are you writing for a gay rights magazine? This was not a hate crime." said James McInerney, brother of defendant Brandon McInerney, who is on trial for the murder of Lawrence 'Larry' King.

"They don't want me talking to you, but I know my brother, this thing with him (King) has been going on for years and there's no way it was a hate crime."

Two Lez Get Real reporters were suprised to be approached by the young man whose grief and anxiety were apparent. His emotional appeal clearly demonstrated his love and concern for his brother.

James McInerney was present at Ventura County Superior Court for the pre-trial motion on behalf of his brother, (now) 16 year old Brandon McInerney who is being tried as an adult for the execution style shooting of Larry King in a classroom full of students at E.O Green middle school in Oxnard, CA in February of 2008. Along with 1st degree murder and two gun charges, McInerney is charged with the special circumstance of lying in wait and a hate crime. The hate crime charge was attached because of white supremacist style drawings found among the defendants things as well as the fact that 15 year old King identified as gay. If convicted of a hate crime , it will add two years to Brandon's sentence.

The encounter begs the question, can a horrific, hateful act of a 14 year old against a 15 year old gay person of different ethnicity spring from a teenage rivalry and not be a hate crime as alleged?

Today's hearing addressed defense attorney Scott Wippert's motion to Have judge Campbell recuse himself under section 170.1. Wippert is claiming bias because the judge refused a contuance in the 2 1/2 year old case that has yet to see trial. Last week Wippert told the local paper, (vcstar http://www.vcstar.com/news/2010/jul/14/days-before-trial-mcinerney-attorneys-say-they/ link) that he had no defense for Mcinerney. At every proceeding for the last two years Wippert has claimed inadequate time to prepare a defense. In a statement to reporters when asked directly what it would take for him to be prepared and how long until ready "about three months but...." and recited a rambling list of possibilities that could interfere with the case ever moving forward.

Prosecutor Maeve Fox was openly disgusted by the defense's latest tactic. Calling it " A ploy, an obvious defense end run" and "a travesty of the court system and rule of law."

Camp Courage Central Coast was Amazing

Hi all! It's been a while. Camp Courage has us motivated and more positive than ever! 2 We connectected with some wonderful people and heard many touching stories. We will be writing more when we rest and process a little. Meanwhile, we saw this at CC and couldn't wait to share. It's from http://hitrecord.org and premiered at Sundance.

http://www.youtube.com/watch?v=i1sxXVcQzHA

Lying in Wait Charge Added for McInerney Arraignment

Ventura, CA. Prosecutor Maeve Fox asked for and was granted an additional charge of lying in wait to the charges of pre-meditated murder, using a firearm to commit bodily harm, and a hate crime in the case of Brandon McInerney who shot Lawrence 'Larry' King on Feb 12th, 2008 as he sat in computer class at E.O. Green middle School. 

The final witness at the preliminary hearing was Detective Dan Swanson a gang and white supremest/skinhead expert. He did an evaluation of materials taken from McInerney's backpack and bedroom in his home that indicated McInerney had been indoctrinated into the neo-nazi,or skinhead philosophy. evidence included several drawings of Nazi Hitler Youth logo, a Swastika behind a hand that was crushing a Star of David with what appeared to be drops of blood dripping from it, as well as a Swastika inside a winged heart.

During several hours of testimony Detective Swanson gave extensive details about the history of Nazism and it's many incarnations today. 

McInerney had also repeatedly doodled "SSL" and "Nardcore" several times. SSL is Siverstrand Surf Locals and NardCore is a remnent of the Oxnard punk movement. He testified that it is known that some of the SSL's have ties to Skinhead/neo-nazi groups.

It was also revealed that Brandon spent the night, on the weekend prior to the shooting with an avowed white supremest adult who lives in Silverstand with his girlfriend.

Download the original attachment

Kat’s Kolor Kommentary 

Brandon McInerney Preliminary Hearing

July 20, 2009 

The morning began quietly with onlookers barely awake as the cases were called and counsel asked if they were ready.  I sat there staring in shock and disbelief as Defense Counsel for accused murderer Brandon McInerney petulantly replied “as ready as we’ll ever be”.  At last, after endless continuances and a no show from the defendant’s lead counsel, the preliminary hearing would take place.     

Scott Wippert, lead defense attorney looked completely out of his element in the courtroom.  His attitude and demeanor were something more rightly expected of his teenaged client.  His co-counsel, a mousy woman shabbily dressed and having the worst hair day in the history of bad hair days also displayed a certain tantrumy petulance.  She spent most of the morning entertaining the defendant with whispered one liners causing him to smirk inappropriately during testimony. 

Appearances were not deceiving.  As the proceedings went on defense counsel reached a Barney Fife level of incompetency; committing blunder after blunder, forgetting who was on the stand and what they had testified to.  Repetitive redundancy would best describe the defense’s cross examination style.  At certain points I felt like raising my hand because I wanted to tell Mr. Wippert that he was asking witnesses to testify about conversations in which they had not been present at the interview because he forgot who he was talking to. 

The bailiffs all looked to be about 12 years old themselves.  One had this scary serial killer look with his buzz cut and horn rimmed glasses to offset his physique and uniform.   Despite the presence of three uniforms, the judge had to threaten to kick the spectators out due to comments from the Peanut Gallery during the proceeding. 

The spectators, comprised of McInerney’s family and members of the press had a look all of their own.  The McInerney males all had this hair sticking out from the back of their heads not unlike Dennis the Menace in that comic strip.  It occurred to me that this could be one of the reasons that Brandon shaved his head.  His grandfather was allowed to stay and watch although he would be called as a witness when trial begins.  If you’ve ever read Stephen King’s Bag of Bones you’ll understand what I mean when I say that I was entirely dismayed to find Max Devore sitting beside me. 
 
 

Brandon’s mother looked tired, angry, confused and not at all unlike Aileen Wournous.  There was also a man who looked suspiciously like Joe the Plumber set up in the back row of the spectator seats with broadcast/audio recording equipment.  It was amusing to see the reporter from the Ventucky Star scribbling down notes as if he were going to actually report something instead of regurgitating the same two paragraphs that have been offered as coverage these past months.   

Some of the highlights for me were the testimony of officers who collected statements from witnesses and friends of the defendant and the victim’s friends.  Try as he might, Mr. Wippert failed to get any one of those officers to relay that witnesses had heard or seen Larry King engage in sexual harassment of the defendant.  Not that it would constitute any sort of defense if they had, but it was refreshing to see that the Prosecutor and the Judge weren’t having any of it based on the number of sustained objections and the defense’s inability to tender sufficient offer of proof to go down that sordid road. 

I’ll sign off saying that while I take my laughs where I can get them, murder is no laughing matter.  I walked away from that first day of the preliminary hearing relieved that the matter is in Maeve Fox’s more than capable hands.  She is small, she is quiet and she is entirely effective.  You don’t see her coming.  I feel quite confident that she will ensure justice is done in this matter. 
 
 

Brandon McInerney ; "I'm going to kill him because he's gay"

CA, Ventura County Superior Court, room 27 where the preliminary hearing for Brandon McInerney,who has been charged with Willful, Deliberate, Premeditated Murder, Personal and Intentional Discharge of a Firearm as well as a Hate Crime for shooting Lawrence King execution style while he sat in his computer class on Feb 12th 2008.

Today 6 police officers, the Ventura County ME and a crime scene tech gave testimony about the investigation of the Larry King shooting at E.O. Green Middle school in Oxnard. They testified regarding their reports of eyewitnesses, crime scene details, autopsy reports, as well as results of interviews with the victims friends, the defendant's friends and girlfriend.

Detective Luis Mancha reported that "Samantha C.",(the full names of minor witnesses were not identified in open court) McInerney's girlfriend said that the weekend before the murder McInerney told her he was going to kill a guy because he was"gay and stupid."

prosecutor Maeve Fox asked Detective Mancha if he had asked Ms C about her boyfriends skinhead and Nazi interests but she replied that she "didn't like when he talked about that, so he usually didn't around her." She told the detective that she had asked him"Is the only reason why you want to kill him, is because he's gay?" to which he replied "Yes."

Prior to that, the court heard testimony from Sargent Basinger of Oxnard PD who testified that in interview " Avery" a long-time friend of Larry King stated that McInerney was a bully, had been threatening King for a long time. When their class was studying WWll, McInerney stated the Nazis were "just like any other gang." and "It would have been really cool to be in that gang." Basinger also testified that 'Avery' told him she had once slapped McInerney in the face for a pro-nazi comment he had made. At which time Mr. McInerney, seated at the defendants table began to giggle.

In the most bizarre moment, on cross examination of the Detective, defense attorney, Scott Wippert of the United Defense Group who is taking the case, pro bono rose and stated, " The Holocaust, where many a Jew died." He asked Detective Basinger if he knew that the defendant had been doing a report on the Nazis. The witness said"No." Wippert then asked, "Is the court aware that his attorney is a Jew?' indicating Robin Bramson, second chair. 

Wippert repeatedly tried to elicit testimony that Larry King made sexual advances on McInerney and wore dresses but Foxes objections were sustained due to lack of foundation and insufficient offer of proof.

Prosecutor Fox presented evidence that McInerney had told friends that he intended to "Beat up Larry" as well as "jump Larry, beat him, and shank him" and told Kings friend, "Say goodbye your friend, you won't won't be seeing him anymore." McInerney while younger, was at least a head taller than the 5'4" 111 lb Larry King.

When the hearing resumes Tuesday, Prosecutor Fox is expected to present more hate crime evidence.

Sex With Ducks

This is a video response to Pat Robertson who said "If you legalize gay marriage you might as well legalize sex with ducks."

Happy Harvey Milk Day

Today would have been Harvey Milk’s 79^thbirthday. And, absent a veto last year by Governor Schwarzenegger, it would have been an official day of significance in the State of California. 

Last year’s veto won't stop us from celebrating and honoring Harvey. It is a day to remember the principles that he stood for and that still ring true today: being out in every part of one’s life; building coalitions as part of a broader social justice movement and never settling for less than full equality. 

This year, the Governor has a second chance to honor a hero who stands for freedom and equality. He can sign the Harvey Milk Day legislation authored by Senator Mark Leno and sponsored by Equality California and make Harvey’s 80^th birthday (and every May 22 thereafter) an official day of significance in the State of California.

Like Harvey said " It's not just about gay rights, it's about human rights."

He would have been tickled that the California Supreme Court chose to announce their up coming Prop 8 decision, Tuesday on his birthday. Is it a good omen? Are you smiling your thousand watt smile wherever you are, Harvey? It sure feels like it!

Love is what matters, love is what lasts.

Gay = Sin .. Very Sad Video

GAY = SIN from Matthew Brown on Vimeo.