GUILTY CA - Lawrence 'Larry' King, 15, fatally shot at Oxnard school, 12 Feb 2008

[PrairieWind]

Nova, i dont know what the Calif hate crime law says. I was confused by the prosecution's presentation of the white supremacist testimony as well. Especially since it was discredited. I honestly think it was just an attempt to demonize the defendant without much relevance to this crime. As for the gay issue, i think the defense was that McInernay snapped after allegedly being harassed by King. It wasnt that he killed King for BEING gay, but for allegedly making gay advances on him, which he couldnt handle. I'm not making a statement one way or the other, just giving my two cents on what i think the defense strategy was. Apparantly the jury wasnt buying the hate crime issue. but mostly it appears the jury was concerned by the age of the defendnant, which is why I think it is wrong to retry him as an adult.

 

[Nova]

Nova, i dont know what the Calif hate crime law says. I was confused by the prosecution's presentation of the white supremacist testimony as well. Especially since it was discredited. I honestly think it was just an attempt to demonize the defendant without much relevance to this crime. As for the gay issue, i think the defense was that McInernay snapped after allegedly being harassed by King. It wasnt that he killed King for BEING gay, but for allegedly making gay advances on him, which he couldnt handle. I'm not making a statement one way or the other, just giving my two cents on what i think the defense strategy was. Apparantly the jury wasnt buying the hate crime issue. but mostly it appears the jury was concerned by the age of the defendnant, which is why I think it is wrong to retry him as an adult.

Sorry if I'm repeating myself, but I don't think it's fair to assume everyone has read every post. I was always against trying McInernay as an adult. Even the head of the local gay legal association spoke out in opposition to doing so back at the time of the crime.

So AFAIK this was not a case where the DA was under heavy pressure from the gay community to move the case to adult court OR to add the hate crime enhancement.

Nonetheless the hate crime charge was added. I heard the jurors on TV last night say they were unanimous in rejecting the hate crime enhancement, yet the testimony was that McInernay "snapped" supposedly when he overheard the victim call himself "Letitia". What has that to do with claimed sexual harassment? King wasn't even talking to McInernay at the time! (And never mind how McInernay got a gun to school before he "snapped".)

California has supposedly limited the ability of defendants to employ the "gay panic" defense, yet that is exactly what was done here.

The problem may lie in the reporting or in my own understanding of the law, but thus far, little about this case has made much sense to me.

 

[Allusonz]

Sorry if I'm repeating myself, but I don't think it's fair to assume everyone has read every post. I was always against trying McInernay as an adult. Even the head of the local gay legal association spoke out in opposition to doing so back at the time of the crime.

So AFAIK this was not a case where the DA was under heavy pressure from the gay community to move the case to adult court OR to add the hate crime enhancement.

Nonetheless the hate crime charge was added. I heard the jurors on TV last night say they were unanimous in rejecting the hate crime enhancement, yet the testimony was that McInernay "snapped" supposedly when he overheard the victim call himself "Letitia". What has that to do with claimed sexual harassment? King wasn't even talking to McInernay at the time! (And never mind how McInernay got a gun to school before he "snapped".)

California has supposedly limited the ability of defendants to employ the "gay panic" defense, yet that is exactly what was done here.

The problem may lie in the reporting or in my own understanding of the law, but thus far, little about this case has made much sense to me.

I don't believe this young man snapped. It was planned and he shot him in front of a classroom of others while he was seated at his desk, in the back of the head not once but twice. It has made little sense to me either Nova

 

[Nova]

I don't believe this young man snapped. It was planned and he shot him in front of a classroom of others while he was seated at his desk, in the back of the head not once but twice. It has made little sense to me either Nova

No, I don't think McInernay "snapped" either. At least not in the way the law defines loss of reason.

It's interesting that only the jurors who voted for manslaughter agreed to appear on "48 Hours." That must have been one hell of a contentious deliberation if those who disagreed wouldn't even appear with their colleagues.

 

[joe jones]

http://old.news.yahoo.com/s/ap/2011...led?utm_source=twitterfeed&utm_medium=twitter

plea deal, pled to 2nd degree murder, will serve a further 21 years in prison,

 

[Nova]

http://old.news.yahoo.com/s/ap/2011...led?utm_source=twitterfeed&utm_medium=twitter

plea deal, pled to 2nd degree murder, will serve a further 21 years in prison,

Thank you, Joe. This paragraph buried deep down in the article is puzzling:

The murder conviction will be stayed, and the plea deal calls for McInerney to be given the harshest sentence under California law for voluntary manslaughter — 11 years_ and use of a firearm — 10 years, Frawley said. McInerney is ineligible for time served or good behavior because he pleaded guilty to murder.

After serving nearly four years since King's slaying, McInerney will be released just shy of his 39th birthday.

I guess this is a way to get a murder conviction and yet allow McInerney to serve less than the full sentence for 2nd degree murder, yes?

Personally, I'm glad we will call a murder a murder. Although I recognize the purpose of hate-crime enhancements, I think it's fine to drop them when a defendant is already getting a long sentence.

But I doubt a 40-year-old ex-con who has been in prison since he was 14 will be anything but a further danger to society. I suspect McInerney has just been sentenced to "college and graduate school" in white supremacy, gang violence (including rape) and general criminality. Contemplating his lack of prospects over the next couple of decades just fills me with sadness.

If he had been tried in juvenile court as so many of us wanted, is it possible that McInerney (and his future victims) could have been saved?

 

[PrairieWind]

Thank you, Joe. This paragraph buried deep down in the article is puzzling:



I guess this is a way to get a murder conviction and yet allow McInerney to serve less than the full sentence for 2nd degree murder, yes?

Personally, I'm glad we will call a murder a murder. Although I recognize the purpose of hate-crime enhancements, I think it's fine to drop them when a defendant is already getting a long sentence.

But I doubt a 40-year-old ex-con who has been in prison since he was 14 will be anything but a further danger to society. I suspect McInerney has just been sentenced to "college and graduate school" in white supremacy, gang violence (including rape) and general criminality. Contemplating his lack of prospects over the next couple of decades just fills me with sadness.

If he had been tried in juvenile court as so many of us wanted, is it possible that McInerney (and his future victims) could have been saved?

Given the current state of affairs of California's financial situation and prison overcrowding, I would be very surprised if McInerney does more than 10 years. VERY surprised.

 

[Allusonz]

No, I don't think McInernay "snapped" either. At least not in the way the law defines loss of reason.

It's interesting that only the jurors who voted for manslaughter agreed to appear on "48 Hours." That must have been one hell of a contentious deliberation if those who disagreed wouldn't even appear with their colleagues.

Finally got the opportunity to watch this.

What an understatement with respect to the jury!!!

 

[joe jones]

http://www.dailymail.co.uk/news/art...classmate-lesson-finally-jailed-21-years.html

formally sentenced today, he will be released when he is 39

 

[Allusonz]

I have to honestly state I simply don't know where I stand with this sentence. I find myself flipping all over the map on this one. I must also realize as well that a life has been taken.

 

[PrairieWind]

Allusonz, I agree. I just don't know what to think about this. Has to be one of the most difficult cases to get my head around. I'm glad I wasnt the judge or jury. Difficult because they both were so young. And aggravating when you think about all the ways this could have been avoided.

 

[Nova]

Well, I'm glad that a murder of a human being who happens to be gay has been legally deemed a murder. That hasn't always been the case in past trials.

And at the same time I'm sad that our system couldn't find a way to deal with an obviously troubled child except to treat him as an adult.

There have always been two tragedies in this case. That's still true now that sentencing is complete.

 

[Allusonz]

Well, I'm glad that a murder of a human being who happens to be gay has been legally deemed a murder. That hasn't always been the case in past trials.

And at the same time I'm sad that our system couldn't find a way to deal with an obviously troubled child except to treat him as an adult.

There have always been two tragedies in this case. That's still true now that sentencing is complete.

BBM

I think this statement is the reason I am having such a difficult time with it all.

Once again Nova you expressed it so well.

 

[OtterPops]

I know this is a super old thread but I just watched the documentary Valentine Road on YouTube and I am shocked at the lack on commentary and follow-up information online. Just tossing it out there that the doc is worthwhile.