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."

Pre-lim to schedule Pre-lim set to schedule actual Pre-lim

Monday, the honorable Superior Court Judge James Cloninger presiding over the Brandon McInerney hate crime trial preliminary hearing scheduled a hearing for May 18 to set another date for the preliminary hearing and determine the status of the case.

If you have been under a rock for over a year, here is the cut and paste that Raul Hernandez puts on every single article he writes for the Ventura County Star: 

McInerney, 15, is charged with first-degree murder and a hate crime in the February 2008 shooting death of Larry King, 15, in a classroom at E.O. Green School. King dressed in a feminine manner and told friends he was gay.

Every interview with Larrys' friends mentions what a bright and caring kid he was. "Dressed in a feminine manner? Heeled boots and a little make up? He wasn't a drag queen for Christs' sake! I've seen goths and punks who dress more feminine than that! 

This p.o.s.  pre-meditated murderer took a gun to class, sat behind his target for twenty minutes, staring at him, shot him in the back of the head, got up, walked over to his prone body and shot him again. He did this in front of his 24 classmates and teachers and then goosestepped out of the classroom like the wannabe Nazi he is!

Mr Hernandez never mentions any of this in his trial coverage. Just that Larry "dressed in a feminine manner" Hernandez either willingly or under his editors orders is part an partial to the fouling of the Ventucky jury pool.

I am glad that his friends remember the Truth about Larry -that he was caring, kind and funny.  Love is what lasts. Love is what matters.