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McInerney's Lawyer: I Won't Gay-Bash

As the arraignment of Lawrence King's accused killer, Brandon McInerney, gets postponed again, both the prosecuting attorney and the public defender talk to The Advocate
An Advocate.com exclusive posted June 13, 2008
McInerney's Lawyer: I Won't Gay-Bash

A California judge on Thursday postponed the arraignment of 14-year-old Brandon McInerney, charged with premeditated murder with a special hate-crime allegation in the slaying of 15-year-old gay classmate Lawrence King. This is the second postponement in just over a month.

According to witnesses, on February 12, McInerney shot King in the head just as first period began in a packed classroom at E.O. Green Junior High School in Oxnard, a port city of 200,000 about 60 miles north of Los Angeles.

Ventura County superior court judge Kevin McGee continued the arraignment until July 24 to permit McInerney’s attorney, Senior Deputy Public Defender William Quest, to file a motion which, if successful, would transfer the case to juvenile court. McInerney has been charged as an adult under Proposition 21, a controversial 2000 law enacted by ballot initiative that affords district attorneys almost unilateral discretion to try juveniles as young as 14 as adults for certain felonies.

In a telephone interview with The Advocate on Wednesday, Senior Deputy District Attorney Maeve Fox, who is prosecuting the case, said that “the biggest, obvious difference” between the juvenile system and the adult system is that the “range of punishment if we keep him in adult court is much broader, and the maximum potential based on the charges that he faces now is 53 [years] to life. Fourteen- and 15-year-olds cannot receive life without the possibility of parole in California.”

As for the hate-crime enhancement, Fox said that “as far as the punishment goes, it doesn’t add anything significant. It’s one, two, or three years additional.”

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DelVecchio is a practicing attorney, a reporter for In Los Angeles magazine and Frontiers, and a freelance writer living in West Hollywood.
Keywords:  Larry King 
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Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

  • Name: Bill Courson
    Date posted: 2008-07-27 10:51 AM
    Hometown: Mnotclair, New Jersey USA

    Comment:

    I do not think, David, that I would equate my objections to the death penalty for minors (in fact, for anyone) with 'internalized homophobia.' Nor would I equate your advocacy of "frying the little monster and his parents" wit pride in being gay. I would equate it with self-immersion and paranoia of the kind best exemplified by the current administration in Washington.


  • Name: Michael
    Date posted: 2008-07-22 6:34 PM
    Hometown: Austin

    Comment:

    Despite the fact that it was wrong for Brandon to murder his classmate, I think that it is time for the LGBT community to take a step back and acknowledge that tolerance works both ways. There are some elements of the LGBT community, these days, that enjoy promoting over exposure, decadence, and values that disregard the feelings of others. Some gay males in particular believe it's OK to sexually harass "STRAIGHT" males to the point of insanity. If that kind of behavior is unacceptable from "STRAIGHT" people, why then should it be any different for "GAYS"? I'm a gay male and the things that attract me to men do not involve make-up, high heels, or flamboyance. Kids these days need to learn that the spotlight does not shine on just them and that they have to consider the feelings of others. Let the judicial system sort this out, pray for all those involved, and everyone take a look in the mirror.


  • Name: Franco
    Date posted: 2008-06-19 7:11 AM
    Hometown: La Verne

    Comment:

    Allan I am not gay and I do not agree with the lifestyle. But to each his own. Before I found your comment I was hoping to find it. It is a pleasing to see your someone from your commuity take this stand. I agree with everything you said.


  • Name: Marvin
    Date posted: 2008-06-18 1:15 PM
    Hometown: Detroit

    Comment:

    As soon as I read William Quest say that he wasn't going to use the "gay panic defense", I knew that is *EXACTLY* what he plans on using. This is a quintessential defense tactic. His comment that he has a gay brother further confirms that he is trying to soften the atmosphere so he can indeed use the "gay panic defense". The guy should have been challenged more by The Advocate because I guarantee this is what is going to transpire.


  • Name: Jozett Odame
    Date posted: 2008-06-17 2:54 PM
    Hometown: Oklahoma City, Oklahoma

    Comment:

    There is very good reason to put this kid away for life. He walked into a classroom and slaughtered a classmate! That little demon spawn should never see the light of day! At 14 he knows good and well that murder is wrong and there is a punishment for it. Why should he be allowed to roam the world with the rest of us law abiding citizens when he didn't see fit to leave that poor boy alone? This was not a spur of the moment decision on that kids part. He knew just what he was doing and with no qualms carried out his plan. They need to stop him now and prevent him from hurting anyone else for whatever reason this little bastard can justify.


  • Name: Joey
    Date posted: 2008-06-16 6:42 PM
    Hometown: Dayton, Ohio

    Comment:

    It goes as far as right and wrong for me. What McInerny did was wrong, no doubt, however, his life will ultimately be changed forever because of this; and personally, I don't believe any EXTRA jail-time will bring little Larry back. McInerny needs to learn that gay people are not second class citizens. It is OK to be gay. What I hope can happen is people of the LGBT community can stand up with ONE voice and say just that. Nothing more, nothing less. If we're fighting 'hate crimes', don't HATE those who do it! How does that make you any better than them? I feel that I have a strict responsibility to respect everyone for their opinions. I by NO means agree with the injustice committed against Lawrence, however, it's just as unfair to HATE someone for their beliefs. We can't blame a 14 or 15 year old for their beliefs. At that age, are they really THEIR beliefs? Maybe the issue here is education, not hate... Please, spread love and peace, not hate... FOR ANYONE!


  • Name: David Ehrenstein
    Date posted: 2008-06-16 1:30 PM
    Hometown: Los Angeles, Ca.

    Comment:

    FRY THE LITTLE MONSTER AND HIS PARENTS TOO!! More proof of how useless our LGBT orgs are. When do we fight back? As far as they're concerned, NEVER. We're just poor pathetic litrtle creatures who should be grateful for the hand-outs straights deign to give us. Sometimes I think Intwernalized Homophobia is worse than AIDS.


  • Name: Allan
    Date posted: 2008-06-13 10:13 PM
    Hometown: San Diego, Calif.

    Comment:

    A lot of national and state GLBT organizations have issued statements saying that they hope that this trial is conducted in juvenile court. I'm gay and I agree. Under-16s do not belong as defendants in adult court, no matter the crime and, yes, I've thought about "what if it was my son or brother who was killed." It just does no one any good, least of all society. If that forces us to deal with how so many children have become murderers, then that is a good thing, and that is what we must do. Warehousing a child for 50 years is equal to a life sentence without the possibility of parole, and that is illegal.


  • Name: Sally
    Date posted: 2008-06-13 8:45 PM
    Hometown: San Francisco

    Comment:

    There is not a good reason for treating children in the justice system the same as competent adults. Putting 14 year olds away for life is shameful, regardless of who they shoot. The recidivism rate for murder is very low, the only reason for keeping McInerny in prison until he is 65 is pure spite on behalf of Lawerence King. You can't honor someone's memory by acting vengefully on their behalf.


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