An update on the tragic murder of 15-year-old Lawrence King, which is the focus of a somewhat uneven cover feature in the latest Newsweek. The Ventura County Star reports a hearing scheduled tomorrow will address if 14-year-old murder suspect Brandon McInerney will be tried in juvenile court.
McInerney's attorney, William "Willy" Quest, filed a legal motion in June asking a Ventura County Superior Court judge to dismiss the prosecution of his client in the adult criminal justice system so the case can go back to juvenile court.
In his petition, Quest argued that the state law allowing a 14-year-old defendant to be sentenced to life in prison without the possibility of parole is cruel and unusual punishment.
On July 7, Senior Deputy District Attorney Maeve Fox submitted her reply to Quest's legal arguments. She stated that Quest is raising "the same old arguments" already addressed by the California Supreme Court.
California prosecutors have wide authority to file charges in criminal court against juveniles 14 years without having to go to a judge. In this case, McInerney's mandatory sentence, if convicted of murder and a hate crime, ranges from 41 years to as much as 51 years to life.
That's not the general position of the gay community and "a coalition of 27 LGBT rights groups" want prosecutors to "try McInerney in juvenile court, not as an adult."
Fifteen-year-old Lawrence King, who was biracial, troubled, and, from a dysfunctional home environment, sometimes wore makeup and believed he was gay. On February 12, McInerey allegedly shot King at E.O. Green School in Oxnard as students were working on English assignments. McInerney's attorney argues that the school failed to intercede.
Hearing Set Over Trying Teen As An Adult [VCS]
Student's Slaying Focus of Cover Story [VCS]
Some Background ...
Newsweek's Disturbing Feature on Lawrence King [R20]
WaPo Profiles 15-Year-Old Openly Gay Teen [R20]
News: Noah's Arc, Lawrence King, Black Gay Youth [R20]
News: Pope, Lawrence King, Simmie Williams [R20]
News: Obama, Clinton, Pharrell, Lawrence King [R20]
Larry's eyes tell it all, don't they? As a teenager and as a little boy those eyes are so unsure and sad. Some folks don't seem to have a chance from the start.
How many years can a juvenile be sentenced to in California? What do you do when victim becomes victimizer and kills another victim?
Posted by: Derrick from Philly | 23 July 2008 at 13:17
This story is tragic on so many levels. It's clearly obvious both of these young men were hurting and the system failed them both. I totally agree with Luther and do not want to see children behind bars, especially if they do not have to be. I just don't know.
Posted by: Mitch | 23 July 2008 at 15:18
Are you sure the gays rights groups are opposing his prosecution as a juvenile? Seems like it would be the other way around.
Posted by: AR | 23 July 2008 at 15:30
What does the fact that Lawrence King was "biracial, troubled and from a dysfunctional home" have to do with the fact that he was brutally murdered at school?
It's a sad and troubling repetition of the negative media portrayals in Newsweek and other national publications, and insinuates that his flamboyance and past were both invitations -- and excuses -- for his murder.
Most families are dysfunctional at some level, and just because he was mixed doesn't mean that he should be painted as a "tragic mulatto."
I expected more from this blog.
Posted by: Jay | 23 July 2008 at 15:43
JAY Don't. Go. There. I never said Lawrence King deserved what happened to him, and, on Monday specifically took Newsweek to task for its one-sided, 'blame the victim' portrayal. I also have never expressed an opinion on Brandon McInerey's prosecution.
You're either trolling or didn't read Monday's post. This is also your first comment, so, I have no idea what you expect or how long you've been reading. But I'm awaiting your apology.
Posted by: Rod Mc | 23 July 2008 at 16:30
That's a quantum leap, Jay, because Rod never said any of those things. Seriously.
Posted by: Alan T | 23 July 2008 at 16:31
I'm not sure how this young man should be prosecuted. On the one hand, he obviously killed another boy in cold blood. On the other hand, he is still unfortunately underage. A strong message needs to be sent, but, I think prosecutors should be careful. It's also very interesting that the gay rights groups are asking for leniency.
Posted by: BG | 23 July 2008 at 16:37
Both of these young men were troubled and from dysfunctional home lives, inasmuch as Lawrence was in foster care and a group home and possibly abused. Jay's mom was a meth addict. So, there is abnsolutely no problem with anyone reporting their state of mnind.
That being said, it's clearly obvious the system failed both of these young men. It's also very obviuous this was a premeditated crime.
The problem with this case is the madatory sentence. He should be prosecuyted but it seems unfair to keep a child behind bars that long without a chance of parole.
In other words, I don't know.
Posted by: BL | 23 July 2008 at 16:54
This is a tragedy to be sure... Know one should be murdered for any reason, period!
That being said it has been recently reported that this young man was heavily supported
by school officials and allowed to take his sexuality to the opposite extreme and making
many of of his heterosexual peers feeling attacked and sexually harassed. Its been reported that
he aggressively harassed the young man who shot him. Publicly humiliating him by asking to sit with
him at lunch under the guise of a relationship and asking him publicly to be his valentine.
No child should have the leeway to harass another.
It's been reported that one of the vice principles at the school was a lesbian with a political agenda
and egged him to amp up his flamboyant behavior. If this is true than as an adult she
should be held accountable for her actions as well. The simple fact is school is made for learning
and not socializing and if they really want to fix this issue they should address the even larger
issue of school bullying which effects so many students and has lead to a level of disfunction
in some to have cause Columbine and other school shootings to occur.
Again this murder was wrong... senseless and tragic, Bullying straight boys is equally unacceptable
and should have been corrected. Respect is earned, not forced. This kid should not be treated as an
adult but as a child.
Posted by: CJC | 23 July 2008 at 18:13
Trying a 14-year-old as an adult is completely unfair and inhuman. Children who commit murder should at least be given a chance for parole some time after they reach full adulthood. People do grow and change between childhood and adulthood, and learn to regret past misdeeds. The child should be scorned and punished and treated horribly as the murderer he is right now, but a window has to be left open for hope for the future.
Posted by: Mark | 23 July 2008 at 18:26
CJC, you sound like some "Christian" activist. How was Brandon "publicly humiliated" by being asked to be this boy's Valentine? And how was Lawrence "bullying" straight boys? The word "bullying" implies power or dominancxe and Lawrence had none. It's hard to be a "bully" if you're being taunted and beaten. Oh, and it's really hard to be a "bully" when you're lying on a slab in the morgue.
Brandon was man enough to get a gun and pull the trigger, he should be man enough to face the consequences.
Posted by: Xavier Greene | 23 July 2008 at 19:20
"It's been reported that one of the vice principles at the school was a lesbian with a political agenda and egged him to amp up his flamboyant behavior."
It was "reported" by who? Focus on the Family or the Republican party?
Jeebus.
Posted by: carl | 23 July 2008 at 19:27
Actually News week, Time, CNN, NBC all reported these facts today...
And actually Im as far left as you can get up here in Canada given that I am happily married "legaly"to a fine man from Nigeria.
Had you read my entire note you might have noticed that I clearly stated that what happened was a horrible crime, in fact I said it twice....
Just because I brought up other facts in the story that don't support YOUR
opinion doesn't mean I have to throw out some critical thinking skills.
There is no difference between someone calling you a faggot or you making unwanted advancements on a straight person ..it's all harassment! All party's feel
uncomfortable and humiliated.
If the school went overboard to make a statement of support and encouraged this young man to do what ever he wanted with out consequence then they have made them selves part of this tragedy. So yeah there is implied power in this case.
This can not be argued...
Children are not fully developed and are not fully capable of making the correct choices...thats why they have PARENTS! (though I suspect parents were in short supply
in this case)
Bottom line...kids sould never be tried as adults...
Posted by: CJC | 23 July 2008 at 22:11
PS. Carl and Mr. Greene, Please do some reasearch befor you revert to name calling... Makes you look like a bully
Posted by: CJC | 23 July 2008 at 22:15
Well, if CNN and Newsweek said it, it must be true! Not.
Posted by: Tony T | 23 July 2008 at 22:40
It has indeed been reported that Larry was openly gay and made advances to his peers. But THAT, CJC, is NOT bullying. Last time I checked, straight boys make advances to their female peers all the time and yet that isn't considered bullying. It's boys being boys. I'm curious as to what made you make that leap. Are you suggesting that gay teens should refrain from expressing themselves the way others do?
That being said, the McInerney kid should be tried as a youth and I commend LGBT rights groups for taking a stand on this.
Posted by: Shabaka | 23 July 2008 at 22:41
Yes and many little girls are abused as well some even raped but to you I suppose that's ok as well. Well let's be honest much of the news reported here comes from CNN and newsweek so if its good enough for Rod then it should be good for you!
Posted by: cjc | 23 July 2008 at 22:52
CJC/JAMES Please do not use more than one name in comments, or, cut and paste huge blocks of text. Post links in tinyurl or snipurl format.
You must also be brand new to this blog. The Newsweek article was extensively discussed on Monday and is linked above. It was very slanted and hardly an authoritative reference on the murder ... and not worthing cutting and pasting to the comments here.
Posted by: Rod Mc | 23 July 2008 at 22:57
CJC, it's weird you are trying to argue ... whatever point you are trying to make. My impression is that most of the comments agree that the suspect should be tried as a juvenile, but, disagree with the Newsweek report and depiction of Lawrenece as a predator.
However, it is weird that you claim to be gay and are using the loaded descriptions from the article ... gay 'agenda', 'bully', etc. I have never heard a gay person use terms such as that. And what was the rape comparison about? Doesn't seem appropriate coming from a 'left wing' married gay, imho.
Posted by: ATL KID | 23 July 2008 at 23:17
I'm actually impressed the gay rights groups are asking for leniency. I also do not think this 14 year old should be tried as an adult. But I do not want to see the defense destroy Lawrence's character and blame the victim on this murder.
Posted by: Brandon | 23 July 2008 at 23:20
Look, we should not be arguing here on this story we all want to see justice in the King case, some of us just disagree how it should be accomplished. And let's not question anyone's motives or authenticity, it's hard to psychoanalyze someone via comments or a blog.
I'm actually impressed that we care so passionately about this case that we are arguing. Oh, and congratulations on your marriage, my Canadian friend hopefully we will all have that right one day in this country.
Posted by: TRW | 23 July 2008 at 23:56
CJC wrote:
And actually Im as far left as you can get up here in Canada given that I am happily married "legaly"to a fine man from Nigeria.
Bullcrap. Xavier has you pegged as a “Christian” activist, although you may just be an homophobic activist. If you are indeed married “legaly” to a fine man from Nigeria, then you are a woman.
And being married to a Nigerian does not make you “left.” Bishop Akinola is married to a Nigerian and has six children, and he is a worshiper of the devil.
Posted by: Jim | 24 July 2008 at 01:43
DELETED
Posted by: CJC | 24 July 2008 at 06:39
Wow. This is a hot one.
I don't think that because straight boys pursue girls it's okay to say that boys are just being boys. Women and girls and in our society are constantly living with or the fear of being sexually harassed. We have no idea what it feels like to walk in the shoes of women in that regard; well, except for maybe Halloween, for some of us, anyway, but I digress.
I can empathize with both boys in this situation. Larry was clearly in the process of waking up to and expressing his new found sexuality. BUT sexuality or not, he might have been unaware of some boundaries that all children and adults as well have to follow. He and Brandon, who clearly being in the category of "at risk", should have also been receiving some sort of counseling in particular to their needs.
And whether we like it or not, being gay in an overwhelmingly heterosexual society is a struggle, and we are considered different either by society at large and in some cases by definition. That said, and let's keep it real here, IF what is said about Larry is true, it was not conducive to ensuring his safety by coming on to guys who identify as straight, in school especially because there is tremendous pressure from peers to define yourself as "normal". And kids are just not sophisticated enough to rebuff unwanted or what they perceive to be "unnatural advances" in a rational way.
These are lessons we learn as gay men growing up and navigating our way through school and beyond. We learn that all our behaviors, gay and straight, sexual and otherwise bring forth consequences, good or bad, and how to behave and act accordingly.
This is a tragedy for all involved, and lastly, Brandon is a child and should by tried and counseled as such. I only wish that Larry had lived so he could have gotten the loving support and understanding he deserved.
Posted by: banjiboi | 24 July 2008 at 09:05
CJC: Now you're trolling. "James" comment was not "edited" because he "supported" you. You and "James" have the same IP address, so, James is YOU.
Since you believe mainstream news is reputable and and blogs are "worse", comment no further and leave this thread. Another comment on this topic will have you banned.
Posted by: ROD MC | 24 July 2008 at 09:52