Brandon McInerney’s defense team’s busy laying the groundwork for their client’s potential murder trial.
McInerney, you’ll recall, stands accused of shooting 15-year old Lawrence King to death last February. His lawyers yesterday won access to King’s personal records, which they hope will shed light on the “context” of the killing, which many say was motivated by King’s crush on McInerney.
The records in question are expected to disclose information on King’s behavior during the time he was living at Casa Pacifica, a center for troubled and abused children located near Camarillo, and attending Green School.
[Attorney William Quest] told the judge that he wanted unedited records, including the names of students, so he can talk “to other people,” including students, about the case.
…
“As I said before, Brandon is not a sociopath. This is not some crazy kid,” the attorney said, adding that this shooting was unlike others that have occurred in schools across the nation.Quest said there was “a lot of stuff going on” before the shooting.
“There were warnings of trouble,” he said. “What I am trying to establish, given the mandatory harsh sentencing that goes with trying a 14-year-old as an adult, is explaining what was going on. How this tragedy happened, not trying to minimize it or take anything away from the tragedy. But at least, provide it in the context which we think would provide a partial defense on behalf of Brandon.”
Let’s hope this doesn’t turn into a “blame the victim” side show…
tallskin
Hmmm, a ghastly and tragic case.
But might I suggest that the ease with which this murderer got hold of a gun might be partly to blame?
NG
Let’s hope this doesn’t turn into a “blame the victim” side show…
It was blame the victim the minute Lawrence was assasinated, what are you talking about?
Trenton
So the defense wants us to believe that Brandon isn’t a sociopath and that, though this fact doesn’t mitigate the tragedy, he can’t really be held accountable for this?
Oh yea…I smell ‘gay panic’ in 5, 4, 3, 2…
Willie Hewes
Yeah, too late. 🙁
There was lots of stuff going on. Any reasonable person would have smuggled a gun into school and shot their classmate in the head. He’s not some crazy kid!
ggreen
The brain dead media has already convicted Lawrence King of being gay and “asking for itâ€. It was blame the victim from the beginning and apexes with the shiteous Newsweek story that was based on gossip and not facts.
GoodBuddy
The US has an overly punitive criminal justice system. Europe has far lighter sentences, and also a much lower crime rate. While a 14 year old is not fully grown, they should know that killing is wrong. But I would say a life sentence for a 14 year old should not be more than 14 years.
Becca
“Let’s hope this doesn’t turn into a “blame the victim” side show…”
Huh? That began the second Lawrence King was murdered. It makes me so sick.
CHURCHILL-Y
“a lot of stuff going on” before the shooting.”
Yeah, a gay or questioning youth was being bullied and defended himself the only way he could think of by making public verbal displays of affection towards another kid.
That abhorrent legal term that has entered the American judicial system (Gay panic defense) will most definitively be used here.
Nick
Tallskin, crawl back into the sewer from where you came and shut the f**k up.
tallskin
Nick you festering reeking turd, why don;t you come over to the UK and say that to my face?
Got the guts?
Sean S.
I was heartened when the defense lawyer initially stated his opposition to using the gay panic defense, but I see that, at very least, he’s going to try and mitigate his his clients actions by portraying King as at best someone who taunted others, and at worse, some sort of gay bully.
Is it possible King was a bully? Certainly. being gay doesn’t mean you can’t mistreat others, even as a teenager. Does that mean he deserved getting blown away? As indicated by the sentences in other school shooting cases were children were pushed too far by bully, no. More than likely the bullying charges are overstated, or unfounded anyways.
As I mentioned in the Glazer/Hyett adoption case, things go awfully fucking wrong when individuals decide to take matters into their own hands. Vigilantism simply escalates things till their out of control, and then we end up with tragedies like this.
Dr. Pedantic
There are accounts that say that Lawrence King was in effect sexually harassing Brandon and constantly taunting him. Brandon’s lawyers are doing their job in wanting records relating to what went on and who might have witnessed interactions between these young men. Lawrence’s family is obviously in on this to some degree, blaming the school for “allowing” Brandon to be flamboyant.
None of these excuses what Brandon did, morally or legally. It does not matter how Lawrence behaved — he obviously did not deserve to be murdered, and can’t be “blamed.” But Brandon’s lawyer is entitled to argue the circumstances, for example to reduce the degree of the murder or to argue for a reduced sentence. That’s just the way the law works, whether we like it or not.
Alan down in Florida
What did Tallskin say that was incorrect?
John
It would be a shame if the kid got off, but the penalty is much too high. Even if the kid did panic due to an expression of love he could not absorb reasonably, killing has no justification. But he’s only a kid, and probably hasn’t had a full chance to look at the ideas he was imbued with in much of a critical way.
michael
Tallskin said nothing incorrect, we obviously have an NRA member
reading Queerty, and can you imagine that it is people like “Nick”
who only have enough intelligence to scream absurd obscenities
and senseless rantings that are our pro gun people? This is why this kid was able to get a gun so easily because obviously someone
with little brains, like Nick, made it easy for him to get a hold of.
It is crazy that this kid could get his hands on a gun in the first place. 2 lives would be saved here had that not of happened. Nick,
go back in your trailer, you don’t have the capacity to be making intelligent arguments about anything.
Lena Dahlstrom
Blaming the victim began a long time ago in this case….
Nick
Tallskin, although it would be easy and over in a few seconds, I would not waste my time kicking your ass.
Anyone who uses the word “ghastly” to describe this event and then try to blame someone else to excuse the murder is nothing more than a sniveling, shriveled-dick pussy. Again, f**k you are your cheerleaders.
xylitol
It’s unfortunate this kid is being tried as an adult. Why is that?
Gay Panic is bogus, but having him spend his whole life in prison is no solution either.
nikko
How can Brandon not be crazy or sociopathic when his solution to ridding unwanted attraction by another male is to murder him???! THAT is the very definition of an antisocial SOCIOPATH, you fucktard lawyers!!!
Sean S.
“How can Brandon not be crazy or sociopathic when his solution to ridding unwanted attraction by another male is to murder him???! THAT is the very definition of an antisocial SOCIOPATH, you fucktard lawyers!!!”
No its not, actually. The definition of a sociopath is much more coherent as one can be seen from the DSM;”the essential feature for the diagnosis is a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood or early adolescence and continues into adulthood due to the lack of love and care for the child.”[2] Deceit and manipulation are considered essential features of the disorder.”
The better term would be antisocial personality disorder, which is also characterized in adolescence by pyromania, abuse of animals, and pathological lying. Until we see the court case, and what the prosecution presents, we probably won’t know if any if those traits are in play. They might be.
natriley
The immediate problem is that this will be a public trial not a juvenile proceeding. It will focus on provocation. There is widespread feeling in the community — shared by Lawrence King’s parents and Brandon McInerney’s family that the school was too permissive. It should have used the dress code to prevent King from wearing high heels and displaying provocative behavior. Naturally, the school thought King had rights to experiment as apparently did the foster home where King’s Parents sent him.
It is doubtful that the dressing up would provoke the extreme violence in this incidence. It had to represent some kind of fundamental threat. For example had McInerney and King been getting it on? And King threatened McInerney with exposure? Not only would he have been revealed to be gay, but doing it with a Black. McInerney’s parent appear to be conservative. Could the 14 year-old have killed to preserve his masculine image for his father?
When you are dealing with young adolescents such complicated plots have to be considered. They shouldn’t be done in a public trial. There is no sign that McInerney was anything but desperate and troubled. After he got up the courage to pull the trigger, he simply walked a few blocks and waited. He had no plans about what to do afterwards.
This is a sad and unfortunate event. Everybody should try to imagine the young people involved and their constricted set of choices. The gay community and thoughtful people in Oxnard protested the DA’s decision to treat this case as an adult.
One has to wonder if middle schools had gay straight alliances could someone have warned the school because it was no secret that McInerney was talking murder.
Chris
I know I’ll get dumped on big-time for this, but has anyone considered the concept that Brandon is a victim, too? The kid is a victim of our society’s homophobia. Doesn’t excuse what he did, obviously, but it’s something to consider. This is just a sad, sad case all the way around.
Now, if we’re talking about adults here instead of impressionable youth, that’s a different story.
Ian J UK
Kid ‘A’ points a gun at Kid ‘B’ and shoots him dead, and just what excuse are you going to use for that?
He had a crush on me so I killed him, that’s the first response of American youth today? They did something I didn’t like so I killed them!
Ian J UK
It happens here too, lack of respect for others.
Becca
Michael,
You wrote, “Tallskin said nothing incorrect, we obviously have an NRA member
reading Queerty, and can you imagine that it is people like “Nick” who only have enough intelligence to scream absurd obscenities
and senseless rantings that are our pro gun people?”
Please don’t make generalities. It hurts when people do it to us in the LGBT Community so you can understand where I am coming from.
I am an NRA Member and a Firearms Instructor and also a Member of the LGBT Community. I am outraged by what happened to Lawrence King and I have written on many blogs and Op Eds about it sharing some of my personal experiences and why what happened to this young man touches me so deeply. Some have even been selected for print.
So please, don’t lump an intelligent, caring, responsible person such as myself and others with the likes of Nick just because you want to make an anti-gun statement.
By the way, for your own edification there are already multiple laws in place to prevent MacInerney from obtaining a firearm. Among them are CA Penal Code 12101(a)(1) and CA Penal Code 12101(b)(1). Additional, there is a plethora of laws that will punish the parents for improperly storing a firearm so a minor could gain access to it and the additional charges of serious harm or death to a minor for improper storage of a firearm.
The vast majority of us “Gun Nuts” are responsible, educated and law abiding citizens that take ownership of a firearm very seriously. Therefore, if you are ever in SoCal please send me an email and I would be honored to give you free lessons and a free day at the range to educate you. Knowledge is Power.
Now let’s get back to where our anger should be focused, and Mr. McInerney, his irresponsible Parents and his slimy Lawyer. More importantly, let’s never forget young Lawrence King. A life senselessly ended far too young.
gregory
This case devestated me when it made news last Feb. and contintues to break my heart when I read the defense tactics. This heartless scumbag should rot in jail for killing this kid.
sofia
Im a mother of 3 and to see how this child was ASSASINATED because he had a crush on a fellow student DESERVES …i repeat DESERVES to rot in prison…the death penelty is way to easy . I dont care on your thoughts if you disagree but if my child was the one who pulled the trigger id feel the same way. That is why i teach my children TOLERANCE and EDUCATE them . Where are Brandon’s parents and what are their thoughts. This is just so EFFIN sad and so TRAGIC !! And people who say this kid was “crazy” PLEASE hes 14 …at 14 ALL your ass knew right from wrong so please save the “hes the victim also card!”