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."

California Attorney General Reads Constitution, Changes Mind Re Prop 8

Dec. 19,2008.

Californian Attorney General, Gerry Brown has "upon further reflection and a deeper probing into all aspects of our Constitution" decided to file a brief with the CA Supreme Court charging that Prop 8 denies a minority a fundamental right."

Duh.

Article I, section 7, (b) A citizen or class of citizen may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked.

Now, you'll notice that it doesn't say rights may be revoked by Bible thumping bigots, even if they are a (very slight) majority. What blows my mind, is that I've always liked Gerry Brown - I thought he was a pretty smart guy. I mean, he was Governor. Attorney General now. You would think that knowing the Constitution is something he would have heard about in law school! Besides that, it's easily available on the Internet. http://www.leginfo.ca.gov/const/.article_1 

Actually, I'm glad he's changed his mind about supporting Prop H8. It took guts to go against the right wing extremists. When they get their panties in a twist they are relentless! They have money and are very organized. If they don't try to impeach him outright, they will do their damnedest to make sure he doesn't get re-elected in 2010. Maybe he won't run for re-election. Maybe fighting for equality will be his legacy to the State of California.

If that's the case, then I take back the sarcastic comments.

Peace Out