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Federal Lawsuit Filed in Fatal Park Shooting of DeFarra Gaymon

There are new developments in the case of an unarmed Atlanta banking executive who was fatally shot by an Essex County Sheriff's Police officer in a Newark, New Jersey park  on July 16 2010. The family of DeFarra Gaymon has filed a federal lawsuit against the county, reports Gay City News' Duncan Osborne.

The lawsuit claims excessive force and says Gaymon was "under control ... unarmed and helpless" before he was shot and killed during the public sex sting in the park.

"Officer Esposito chased decedent Gaymon to a pond located within the park," wrote Christopher W. Kinum, the attorney for the Gaymon family, in an amended complaint filed in federal court on February 15. "Decedent Gaymon got down on his knees. At this point, decedent Gaymon had no avenue of escape due to the pond being in front of him… Officer Esposito approached decedent Gaymon from behind. Defendant Officer Esposito kicked decedent Gaymon several times."

The complaint asserts that Edward Esposito, a sheriff’s deputy in the Essex County Sheriff’s Office, then drew his gun and fired a single shot into the 48-year-old Gaymon’s stomach, killing him.

"At the time he was shot, Defarra was unarmed and helpless, and in no way posed a threat to Defendant Officer Esposito’s safety or to the safety of any other persons," wrote Kinum, who wrote in a separate brief that he was relying on "Officer Esposito’s written statement made three days after the shooting."

On July 16 2010, the Montclair, NJ native had driven to New Jersey from his suburban Atlanta home to attend his high school’s 30th reunion. Esposito claims Gaymon was masturbating in the park when he approached the detective. Officials said there was a chase and the officer fired one shot after the unarmed man "reached in his pocket and lunged" at the officer. There were no witnesses.

DeFarra Gaymon was married with four children. Gaymon's family has disputed the official version of events but has not commented on the sexual angle of the case. Family, friends and co-workers say the descriptions of Gaymon's alleged violent behavior are "uncharacteristic" and possibly even fabricated.

Esposito—the police officer who killed the unarmed man—may "have been involved in at least three 2009 public sex arrests that also turned violent," reported Gay City News in January 2011. Up to 16 arrests possibly made by Esposito follow a disturbingly similar pattern. An Essex County grand jury chose not to file charges against the officer in June 2011.

The Essex County Sheriff has suspended the five-year park sting operation at Newark's Branch Brook Park.

Read R20"s complete covereage HERE.

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"Not Guilty" Verdict in Murder of NJ Trans Woman Victoria White

There is a disappointing update to the tragic case of Victoria Carmen White, the model and transgender woman brutally murdered in September 2010. A Newark jury voted to acquit one of the men implicated in her murder on Friday, reports the Star-Ledger.

Authorities say 26-year-old Alrashim Chambers and 27-year-old Marquise Foster met White at a nightclub on 12 September 2010. Only hours later, White was shot three times at point black range inside her cousin's apartment. Twenty-eight-year-old White legally changed her name after undergoing sex reassignment surgery ten years ago. Authorities suspect her killer(s) may have discovered this and killed her in anger.

Both men were initially charged with murder but Foster took a plea deal before the trial began earlier this month. Foster pleaded guilty to hindering apprehension in exchange for his testimony. Chambers faced a murder charge. The jury acquitted Chambers after he and Foster pointed the finger at each other.

The jury found Chambers, of Newark, not guilty of murder, bias intimidation and two weapons offenses. Chambers, 25, who maintained his innocence from the beginning and took the stand in his own defense, had faced up to life in prison if convicted of murder.

The case was a difficult one for the Essex County Prosecutor’s Office, because the only witness was Chambers’ co-defendant, Marquise Foster, who testified at trial. Foster, who was also charged with murder, pleaded guilty to a reduced charge in exchange for his testimony against Chambers.

Foster, 26, said Chambers had been hugging and kissing White that evening, but became enraged when he suspected she was a man. "You a dude?" Foster claimed Chambers shouted at White. Three gunshots followed seconds later, he said. The .22-caliber handgun allegedly used in the killing was never recovered.

Alrashim Chambers claimed that he had no idea that White was transgender female and had no reason to hurt her. Chambers testified that he left the apartment and Foster was the killer, the Star-Ledger reported earlier last week.

In a calm and clear voice, Chambers denied the allegation, claiming he was in the vestibule of the Maplewood apartment building when he heard three gunshots. He said he had left the apartment and gone to his vehicle to retrieve marijuana. ... Chambers said he soon left the studio apartment when he noticed Foster and White were "in motion" to have a sexual encounter and didn’t want to watch. After the shooting, Foster emerged from the building, Chambers said, and refused to tell him what had happened. The two then drove off.

Chambers and Foster surrendered several weeks later after authorities had secured arrest warrants. Foster, who was also charged with murder, has since pleaded guilty to hindering apprehension in exchange for his testimony.

There were no other witnesses to the killing, though White’s female cousin and another woman were in the bathroom at time with the door closed. Both women testified that only Chambers and White were the ones getting close. From behind the closed door, the women said they heard someone say, "You a dude?" followed by the sound of gunshots.

Foster and Chambers surrendered only days after authorities captured another man in an unrelated homicide that happened in the same town of Maplewood. On Oct. 19 2010, 30-year-old John Staten was arrested and charged with murder in the beating death of Arthur Downey, a 27-year-old Black gay man killed on March 15 2010. Downey met his would-be-killer on a telephone chat line.

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Jury Selection Begins in Murder of NJ Trans Woman Victoria White

There is a welcome update to the tragic case of Victoria Carmen White, the professional lingerie model and transgender woman brutally murdered in September 2010 in New Jersey. On Monday, jury selection began in the murder trial of 26-year-old Alrashim Chambers, one of the men implicated in her murder.  Chambers faces counts of murder, weapons possession and bias intimidation.

Authorities say Chambers and another man, 27-year-old Marquise Foster, met White at an Irvington nightclub on September 12 2010. Only hours later, White was shot multiple times inside a Maplewood apartment.

28-year-old White legally changed her name to Victoria Carmen after undergoing sex reassignment surgery ten years ago. Authorities suspect her killer(s) may have discovered this and  killed her in anger.

Both men were initially charged with murder but Foster has taken a plea deal, reports the Star-Ledger.

The only other alleged witness to White’s killing, Marquise Foster, was charged with Chambers but has since pleaded guilty to a lesser count in exchange for his planned testimony against the defendant, according to a plea deal Foster accepted. At trial, the defense will likely concede Chambers’ presence in the apartment but attempt to paint Foster as the shooter. There are no other direct witnesses to the crime, law enforcement officials have said.

Previously unknown, though very much part of the case, are the two women allegedly inside the Maplewood apartment with White, Chambers and Foster that night. The two women were in a different room when they heard the shots and didn’t see the shooting. One of the women may testify to hearing a man make a comment about White’s gender identity before the gunfire erupted.

Monday would have been Victoria White's 30th birthday. "Her aunt, Monica White, said the killing faded from the headlines too soon but for the family has remained a constant point of pain. 'We miss her and it’s been very hard for everybody,' she said."

Foster and Chambers turned themselves in only days after authorities captured another man in an unrelated Maplewood homicide that is being investigated as a bias attack.  On Oct. 19, 30-year-old John Staten was arrested and charged with murder in the beating death of Arthur Downey, a 27-year-old Black gay man killed on March 15 2010. Downey met his would-be-killer on a telephone chat line.

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NJ Congressman and LGBT Ally Donald Payne Dies at 77

Very sad news to report. New Jersey's Rep. Donald M. Payne has died after a brief battle with colon cancer.

The 77-year-old Democrat was a native of Newark and became New Jersey's first Black congressman in 1988. The 12-term congressman was also the former chairman of the Congressional Black Caucus. President Barack Obama released this statement which reads in part:

"By any standard, Don lived a full and meaningful life. After serving as the first African American President of the National Council of YMCAs, and then several years in local government, Don went on to become the first African American Congressman to represent the state of New Jersey.

"He made it his mission to fight for working families, increase the minimum wage, ensure worker safety, guarantee affordable health care and improve the educational system. He was a leader in US-Africa policy, making enormous contributions towards helping restore democracy and human rights across the continent. Don will be missed, and our thoughts and prayers go out to his family and friends during this difficult time."

Rep. Payne was a progressive, a staunch champion of civil, women's and labor rights—and a major LGBT ally. The congressman boasted a 100% Rating from the Human Rights Campaign, supporting the Employment Non-Discrimination Act, opposed "Don't Ask, Don't Tell", a federal marriage amendment and the Defense of Marriage Act. Payne was an early supported of marriage equality.

VIDEO: Whitney Houston Laid to Rest at New Jersey Cemetery

PHOTO: Reuters

Your final glimpse of the superstar known as Whitney Houston ...

The hearse that carries the casket of the late entertainer arrives at the cemetery before her Sunday burial in Westfield Township, New Jersey. Houston was laid to rest at the Forest Lawn cemetery and her body was buried next to her father. Family, friends and celebrities mourned her in Saturday funeral service that was livestreamed on television and across the internet.

The iconic singer with the megawatt voice and powerful range died on February 11 in a Beverly Hills hotel room. Houston was found underwater in a bathtub but an exact cause of death has not been determined.

Whitney Houston  received more than 400 awards, two Emmy Awards, six Grammy Awards, 30 Billboard Awards. The iconic singer sold more than 300 million records. So many incredible memories. May she find the happiness in eternity that eluded her on earth.

Watch video of the casket arrival AFTER THE JUMP ...

WATCH LIVE: Whitney Houston's Funeral Service in Newark

PHOTO: Reuters

Hundreds of mourners are arriving at the New Hope Baptist Church in Newark for Whitney Houston's homegoing service . The funeral for the superstar begins at 12P ET. Watch live AFTER THE JUMP ...

Those attending are expected to include mother Cissy Houston, cousin Dionne Warwick, Alicia Keys, Ray J, Brandy, Tyler Perry, Kevin Costner and Whitney‘s ex-husband Bobby Brown and daughter Bobbi Kristina.

The legendary Aretha Franklin and Stevie Wonder are scheduled to perform. Franklin was Houston's godmother.

The burial will be Sunday in Westfield N.J.'s Fairview Cemetery. She will be laid to rest next to her father, John Russell Houston.

Watch live AFTER THE JUMP ...

REPORT: Whitney Houston Funeral at Newark's Prudential Center

PHOTO: Screencapture: Wetten Dass

More developments after the tragic death of pop superstar Whitney Houston. The 48-year-old singer and actress died  Saturday in Beverly Hills on the eve of the Grammy Awards.

Funeral arrangements are reportedly underway as Houston's body was released by the Los Angeles County Coroner. "Houston's body departed from Los Angeles earlier this afternoon on a private XO Jet bound for New Jersey. It has been handed over to the care of her family," reports EOnline.

The funeral has been "tentatively scheduled for Friday at the Prudential Center" in Houston's hometown of Newark, reports the Star-Ledger.

The arena, which seats more than 18,500 people, represents the largest indoor venue in Newark and could accommodate far greater crowds than the New Hope Baptist Church, the red brick house of worship that served as Houston’s childhood church. The source declined to be identified because he was not authorized to speak for the family.

If plans proceed as expected, the service would take the route of Michael Jackson’s 2009 public memorial service at the Staples Center in Los Angeles, which brought out tens of thousands to bid the pop icon’s final farewell in a star-packed event.

In other news: The Beverly Hills Police Deparment has confirmed that "Houston was found in the bathtub of her Beverly Hilton hotel room by a member of her personal staff," reports EW. The Los Angeles County Coroner performed an autopsy on Sunday but a final cause of death will likely be deferred pending toxicology results.

There has been speculation that the pop icon died after mixing Xanax and alcohol, or, possibly drowned in the bathtub after falling asleep. More developments as they become available.

VIDEO: Newark Mayor Cory Booker Slams Christie on Gay Rights

Newark Mayor Cory Booker has slammed New Jersey Gov. Chris Christie's suggestion that marriage equality should be submitted to a voter referendum.

"Dear God, we should not be putting civil rights issues to a popular vote, subject to the sentiments and the passions of the day," says the Newark mayor, named one of TIME’s 100 most influential people in the world and a strong gay rights and equality supporter. "This is a fundamental bedrock of what our nation stands for."

You may recall that in 2010, the mayor has said he would refuse to officiate any marriage ceremonies until "all people have the legal right to marry" in New Jersey.

Christie has called for a voter referendum on same-sex marriage. The Republican governor has promised to veto "any" marriage equality bill that comes to his desk.

Watch the video  WHEN YOU JUMP ...

Newark Pastors Discuss "DADT" and Gays in the Black Church

The Star/Ledger informally surveys a number of Newark pastors on LGBT rights and the Black church. The consensus: There are many gay members of Black churches .... they're just "not open" and don't push for any recognition. The well-known practice is often described as "Don't Ask, Don't Tell."

"You have gay people in leadership positions already, just not openly," said the Rev. Reginald T. Jackson, pastor of St. Matthew AME Church in Orange and executive director of the 600-member Black Ministers’ Council of New Jersey.

Not openly: That seems to be the way most church leaders like it, based on conversations with New Jersey pastors.

A random sampling of black ministers in the Newark area found many are aware of lesbians, gays, bisexuals and transgendered men and women in their congregations, singing in the choir or working in a church office. And they are willing to welcome them with open arms. The Rev. Ronald Slaughter of St. James AME in Newark estimates 60 to 70 percent of all churches have homosexuals in their congregations. "They (the congregations) may not know it, but they can’t be judge or jury at the door," he said.

The actual number is probably much higher than 70 percent, especially among the more conservative churches and denominations.

Several pastors claim the church is becoming more supportive and younger members accept supportive of gay rights and same-sex marriage.

But support gay marriage from the pulpit? Don’t even think of it. Some pastors object on the basis of scripture, others just don’t see it as the church’s mission to take a political stand on gay rights of any kind.

The Rev. M. William Howard of Bethany Baptist in Newark said he speaks against homophobia from the pulpit, but "my ministry is not defined by advocacy of gay people." He doesn’t believe the church should be called upon to overtly endorse or criticize topics such as gay marriage. "Church — not just the black church — is still wrestling with how it addresses sexuality."

The black church is still generally criticized for its slow reaction to the AIDS/HIV epidemic. Many pastors admit as much. "We had our heads in the sand," says Howard. Now, he points with pride to Bethany educational programs and the church website, which heralded World AIDS Day this month. ...

The Rev. Jethro James of Paradise Baptist in Newark is adamant in his disapproval of gay marriage. "Marriage is between a man and a woman, and that can’t be legislated," he said. James, who is also president of the Newark North Jersey Committee of Black Churchmen, said that for gay advocates to insist on changing the church is to persecute the church for its beliefs. James said there are several gay people and one transgendered person in his congregation. "They come to worship. And ask forgiveness. Sinners welcome. Come join us."

Sinners welcome ... just be quiet and keep dropping cash in the collection plate. Unfortunately this denial and hypocrisy remains the modus operandi in too many churches in our community.

VIDEO: Cory Booker Launches HRC's Americans for Marriage Equality

Newark Mayor Cory Booker launches the Human Rights Campaign's Americans for Marriage Equality. The campaign is based on HRC's popular New Yorkers for Marriage Equality campaign.

"I support equality because I believe in the 14th Amendment, equal protection for all under the law," says the Newark mayor, named one of TIME’s 100 most influential people in the world and a strong gay rights and equality supporter. "I support marriage equality because I support love and in this nation we need a lot more."

The mayor has refused to officiate marriage ceremonies until "all people have the legal right to marry" in New Jersey. What an ally. Watch AFTER THE JUMP ...