Date: Mon, 1 Nov 1999 19:15:10 -0500 From: "Gay & Lesbian Alliance Against Defamation (GLAAD)" Subject: GLAADLines - November 1, 1999 GLAADLINES - November 1, 1999 FOR IMMEDIATE RELEASE Contact: Wonbo Woo GLAAD Communications Manager (212) 807-1700 x24 woo@glaad.org http://www.glaad.org News and Breaking Stories about the Lesbian, Gay, Bisexual and Transgender Community 1) DEFENSE RESTS IN SHEPARD TRIAL 2) HATE CRIMES PREVENTION ACT 3) ACTIVISTS GATHER TO CREATE CHANGE 1) DEFENSE RESTS IN SHEPARD TRIAL: The defense for Aaron McKinney, the second man charged in the murder of Matthew Shepard, rested its case this afternoon in Laramie, Wyo.. Closing arguments and jury instruction are scheduled to begin tomorrow. This morning, Wyoming State District Judge Barton Voigt's told McKinney's attorneys that they would not be allowed to employ a "rage" strategy that lesbian and gay community activists have referred to as the "gay panic" defense. McKinney's lawyers had attempted last week to show that an inebriated McKinney had been enraged by a supposed sexual advance made by Shepard because it triggered memories of childhood sexual abuse. In the last days of the trial, the defense called Michael St. Clair, who also alleged that Shepard had made a pass at him. Voigt had specifically barred from the trial any accounts of McKinney's alleged history of sexual assault. Not barred, however, were accounts such as St. Clair's, which alleged advances made by Shepard - as was further evidenced by testimony admitted by telephone this afternoon, from a 23-year-old man named Christopher Hoogerhyde, claiming that Shepard had made a pass at him last August after meeting Hoogerhyde at a bar where he worked. He further testified that he had hit Shepard twice following the alleged advance, knocking Shepard unconscious. According to an Associated Press (AP) report, Voigt referred to his decision on the "gay panic" defense by saying "he did not believe defense attorneys had offered any evidence that such a strategy would be relevant," and continuing to quote a written order released by the court stating: "Even if relevant, the evidence will mislead and confuse the jury." Jeff Montgomery, steering committee member for the National Coalition of Anti-Violence Programs said today: "Follow the line of thinking suggested by the 'gay panic' defense: You're gay, You made a pass at me, I'm enraged - It's homophobia plain and simple that drives the equation. If someone came into a courtroom and said 'I'm a racist, so I killed this person,' would we accept it then? Had Judge Voigt not barred this strategy, it would have carved out a special, unique and tailored defense for McKinney. That is not how justice works." GLAAD Executive Director Joan M. Garry added: "Think about the message 'gay panic' sends: making a pass at someone gives them a license to kill. How many men do you suppose might be dead if women followed that line of thinking? We applaud Judge Voigt for his fair-minded decision, and hope the defense, the media and the public will be mindful of the tragic impact of blaming the victim here." The AP report further noted that Voigt said the strategy was in effect a temporary insanity or diminished capacity defense - both of which are prohibited under Wyoming law. For more information, contact Montgomery at (313) 506-1847 or GLAAD Communications Manager Wonbo Woo at (212) 807-1700 x24. 2) HATE CRIMES PREVENTION ACT: President Clinton vetoed the Commerce, State, Justice appropriations bill last Tuesday, citing the removal of the Hate Crimes Prevention Act (HCPA) from that bill as part of his reason for vetoing. The HCPA, which passed in the Senate this past July as part of the appropriations bill, was omitted from the House version, and subsequently removed from the version crafted as a compromise between the House and Senate. In a written release on the subject, the Human Rights Campaign (HRC) cited recent findings by the Federal Bureau of Investigations (FBI) showing that reports of hate crimes based on sexual orientation have risen 14.3% since 1997, a statistic it juxtaposed with a lower overall crime rate for the same period and a substantial drop in the number of reporting agencies (from 11,211 to 10,461). HRC further pointed to FBI statistics showing hate crimes based on sexual orientation to be the third highest category of those reported. Elizabeth Birch, executive director for the lesbian and gay political organization, said, "This legislation is nearly dead in a partisan ditch. The issue is whether the Republican leadership will call the ambulance." For more information, contact HRC Communications Director David Smith at (202) 628-4160. 3) ACTIVISTS GATHER TO CREATE CHANGE: The National Gay and Lesbian Task Force (NGLTF) will hold its 12th annual Creating Change conference Nov. 10-14 in Oakland, Calif.. The conference is widely regarded within the lesbian, gay, bisexual and transgender community as the premier gathering of grassroots community activists working toward progressive cultural change. Among this year's programmatic highlights are a series of skills-building media trainings conducted by GLAAD, including the launch of its MediaStrategies module, which will provide activists and community members with the tools necessary to employ more sophisticated media campaigns. Other highlights include the Body Politic Workout, a series of political organizing sessions and seminars specifically targeting those working to fight the anti-gay Knight Initiative proposed in California - an anti-marriage bill which has recently faced scrutiny following public statements by Presidential candidates Bradley and Gore denouncing the measure. The tersely-worded Knight Initiative, sponsored by conservative State Senator Pete Knight, will be put to referendum vote on March 7, 2000, and seeks to state that: "Only marriage between a man and a woman is valid or recognized in California." Creating Change, expected to draw 2,200 participants, will feature some 120 workshops and training sessions on topics ranging from religion to racism, youth to aging issues, schools to health and culture. For more information, contact NGLTF Communications Director David Elliot at (202) 332-6483 x3303. The Gay & Lesbian Alliance Against Defamation (GLAAD) is dedicated to promoting and ensuring fair, accurate and inclusive representation of individuals and events in all media as a means of eliminating homophobia and discrimination based on gender identity and sexual orientation.