Judge in Larry King Murder Case Declares Mistrial: Jury Hung

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Judge in Larry King Murder Case Declares Mistrial: Jury Hung

No Justice Yet for Hate Murder Victim Larry King

Chatsworth, Los Angeles, California – In breaking news, the judge in the trial of teen Brandon McInerney for the hate crime murder of bi-racial student Larry King has declared a mistrial. Prosecutors have not yet decided whether they will seek to retry 17-year-old McInerney for the murder of his gender variant classmate in 2008. Steve Rothaus of Gay South Florida picked up the Associated Press report late this afternoon, detailing how the jury could not come to a unanimous verdict in the case. Nine women and three men on the jury informed Judge Charles Campbell that they were stalemated over whether to find McInerney, who undisputedly shot 15-year-old Larry King to death with a .22 caliber pistol in first period computer class at E.O. Green Middle School in February 2008, guilty of manslaughter, first-degree murder, or second-degree murder. Seven jurors declared they were in favor of a verdict of voluntary manslaughter, while the other five were split between first- and second-degree murder.

The defense team appears to have scored something of a victory, convincing a majority of the jury that their client was in some sort of "dissociative state" at the time of the killing. More disturbingly for LGBTQ legal advocacy observers and hate crime activists is the partial success of the "gay panic defense" that Scott Wippert and the defense team denied was a part of their strategy, but which most sure was. Defense hammered the jury with claims that teen gay student King was somehow responsible for his fate because of their rendition of "bizarre sexualized behavior" and "sexual aggression." The gay panic defense, which blames the victim for the crime, has been discredited for years in American courts, but the special circumstances of a youth like McInerney who came from a dysfunctional family background (both his parents were addicts) successfully clouded what was otherwise a clear cut case of first-degree, premeditated murder.

Under California law, McInerney was old enough to be tried as an adult. Ventura County Prosecutor Maeve Fox argued that since the defendant told at least six people he was going to kill King, premeditation was clearly established. Further, Fox argued that McInerney was a fervent anti-gay boy, influenced by white supremacist and Neo-Nazi skinhead ideology and teachings. McInerney was in possession of a trove of Nazi items and symbols, as well as white supremacist literature at the time of the murder.

Nonetheless, the mistrial gives the prosecution pause. As commentator Lisa Bloom, a respected attorney, noted on a CNN panel discussing the trial last week, the jury is not supposed to ignore premeditation or be swayed by sympathy for the sad circumstances of a defendant. "[The gay panic defense] is not an acceptable defense in an American courtroom," she said. Bloom went on to assert that no jury would allow a racist to claim that rage over the acts and speech of a black person altered the consciousness of the defendant enough to push him to murder. What is the prosecution to do in a situation in which the message that a boy was gay was enough to get him killed, and to hang the jury in his slayer's murder trial? McInerney killed King. Now, whether he will face the justice his actions deserve is up in the air–as well as the memory of his victim, Lawrence Fobes "Larry" King.