LOe Mielhgan Daiy - Wednesday, October 27, 1999 - 7
)OCAL/TATE
fe enant aops gapaicri ese in tria
LARAMIE, Wyo. (AP) -- The alleged ring-
ader in the beating death of college student
atthew Shepard has adopted a "gay panic"
tense, a somewhat risky strategy that has had
tie success in recent years.
Ilpening statements on Monday, Aaron
cKinney's lawyer argued that McKinney
tapped after a sexual advance from Shepard
iggered memories of a homosexual assault by
childhood bully. The lawyer also contended
IcKinney was under the influence of drugs and
cohol at the time.
The defense is hoping to save McKinney's life
convincing the jury that he is guilty of
anslaughter instead of murder.
Legal analysts said the defense has an uphill
tt because of key evidence that indicates pre-
'W ction, such as taking Shepard to a remote
tot to rob him.
"I don't know if this will be effective. If you
assert the gay p'ic defense, you have to have
the facts to supprt that." legal analyst Andre
Cohen of Dcnvc said yesterday.
Brian Levin.director of the California-based
Center on late and Extremism, said
McKinney's lwyers will have to proceed care-
fully.
"Jurors wnt to see some type of contrition,
some possille explanation for the crime, but
they don't vunt to see a victim blamed," he said.
Last Ocuber, Shepard was lashed to a
wood fens in a remote area, robbed of S20
and pistolwhipped into a coma. He died five
days later
Prosectors said McKinney led the charge.
His co- fendant, Russell Henderson, pleaded
guilty tr murder and kidnapping in April and is
servingtwo life sentences. Henderson is expect-
ed to tstify.
Duing testimony yesterday, Coroner Patrick
Allen said the s.oane mas's skull as Ireied a
bIra soertn mes srtd some ,rt the blosv mas
have been inflictedl with the buts of a .357
revolver.
Stepar aso apparenyi tried to ward ot tlthe
blows, sufering brises ott hi hands. arms and
bods Th s- were sig'nificat scritus blows
that requird a significan amouini of force,"
AIlen said.
'flomnoual panic"i ui t in th thesrs
that a person with latent hotoseual ttdet-
cies will have an uncontrollable. violent reac-
tion when propositioned by a homosexual.
Ralph Slovenko, a professor of law and psy-
chiatry at Wayn Stat University, said challeng-
ing a pcrson ) sexuai y can be more disrupive
than rLous or racil itsults.
Levin said the strategy has been meeting
with less s mccess in recent years because
Americans have become more tolerant of
hoosxuals
"I vI swe'se tutraid a set's bra corner ini that
netrls everyone agrees that violetice against
tthem is coimplrivls warong" 'ftc said. "1 don't
think you hail the snc type ofatmosphere 211 or
311 years ago."
Thr drfrnse tas been used in several trials,
with linitrd success.
In l992 in Toronto, a 19-year-old man was
acluitttrd of fatally stabbing his boss. He
claimed he was in fear for his life and operating
out of homosexual panic.
In Alabama, Steven Eric Mullins, 24, used the
defense but was convicted of capital murder in
the Feb. 19 slaying of Billy Jack Gaither, who
was beaten with an ax handle and his body
burned atop kerosene-soaked tires.
In Pontiac, Mich., Jonathan Schmitz used the
defense after he fatally shot a gay acquaintance
who revealed a crush on him during a taping of
"[lie ictiti Jonea Show~ " 1E w as senteiteed iii
Sepienmber to 55 to xli s'r rs ini prison.
"TIhe Jonathan ' i rise sas t perfect
esaiiple where inrirodceine elcrents of homo-
sexual patnic von him s srconc-degree convic-
tion instead of ' first-de ree coriction." said
Jefirey Montgomery executive director of the
Detroit-based Trianglr Foundation, a gay rights
organization.
Montgomery complained that the tactic
amounts to blaming the homosexual victim.
Prosecutors typically counter gay panic
defenses by asking juries to focus on the time
that the perpetrator had before carrying out the
attack.
In the McKinney case, the prosecution will
emphasize how long it took McKinney and
Henderson to drive Shepard from a downtown
Laramie bar several miles to a trail leading to the
rocky foothills east of town.
ussian army
oves closer
: Chechen
GROZNY Russia (AP) - Exploding atillery
ells rattled windows and spread fear in the
rechen capital yesterday. as the heavies fight-
weeks brought Russian tanks andsoldiers
ahe city limits. Secretary of State Mideleine
lbright called the situation omin us and
pressed concern with civilian casualtes.
Chechen fighters battled the Russians within
o miles of Grozny's northern edge, chile more
hting raged to the east of the city. here were
iconfirmed reports that elite Russianreconnais-
nce troops had entered Grozny.
Russian jets and artillery elsewherebombarded
least seven towns and settlenents across
s0nya yesterday, officers on botlsides said.
Up to 200 Russian tanks and lf-propelled
tillery pieces led the fiercest a aults in the
'rek Ridge area, the strategic heipts northwest
Grozny's airport, said Gen. Mutadi Saidayev,
op Chechen military official.
The Chechens claimed they hd knocked out
veral tanks and inflicted heany losses on a
issian column advancing fron the southeast,
it no independent confirmationwas available.
Residents of the battered Cheihen capital were
i d with fear and hopelessiess ahead of the
harsh winter season.
"Many of those who have staed in Grozny feel
'omed," said resident Asya Llayeva, complain-
g that officials in both the Rissian and Chechen
Intel, Microsoft
added to Dow
NEW YORK (AP) -
Underscoring the decline of
America's smokestack economy and
the rise of high technology,
Microsoft and Intel are being added
to the Dow Jones industrial average,
while Chevron, Goodyear and Union
Carbide are being dropped.
In another sign of the changing of
the guard on both Wall Street and Main
Street, Home Depot is replacing Sears
on the list.
And the telephone company SBC
Communications is becoming the
fourth addition to the lineup of 30
companies.
The changes were announced yester-
day and take effect next Monday. They
are the first changes in the Dow since
1997, when The Wall Street Journal,
the keeper of the Dow, switched four of
the companies in the best-known gauge
of the stock market.
The Dow is computed by combining
all of the stock prices and dividing by a
special number set by the Journal.
-- 'rseurrtae g a , as-. e 'Mr a .-' -un . -,s
AP PHOTO
A Russian trooper gets a part of his salary at a position 31 miles east of Grozny, Chechnya, on Monday.
Russian forces trained guns on the capital yesterday, shelling the airport and suburbs just north of the city.
governments "see them as raw material"
Russian officials have given mixed signals
about whether they plan to storm Grozny in their
campaign to wipe out Islamic militants based in
Chechnya. After early successes, the Russian
military now appears to be trying to occupy all
of the republic and end its de facto indepen-
dence.
Speaking in Washington, Albright urged Russia
"tot ts repeat the mistakes of the past in
Chehnya, and instead to open a dialogue toward
a peaceful resolution with legitimate Chechen
partners.
Casualties in the latest fighting are unknown.
The Russians say thee have lost some 200 soldiers
and killed 2,000 till sts overall, while the
Chechens claim to has c lost far fewer fighters and
killed many Russians.
WWW4ICHIGA?0AILY.COM
SAPAC
Continued from Page 1
Despite her shaky voice, she contin-
ued. "I'm ready for it not to be a big
obstacle in my life"
The last speaker, Linda Riker, a recent
University graduate and a former mem-
ber of the Michigan women's swim
team, said she was breaking the silence
about her suffering.
Riker said she was removed legally
from an abusive home and survived date
rape later in life.
"I have an ultimate goal I am trying to
reach, and I refuse to let this keep me
from it," Riker said, adding that she
plans to pursue a spot on the Olympic
Swim Team this August.
Despite the difficult healing process,
Riker said, "I can draw strength from it."
Following the Speak Out, survivors
had the opportunity to add designs to
blank T-shirts to illustrate their healing
and to give others hope.
"The T-shirt painting is another form
of empowerment and are used to raise
awareness. Many people will see them in
years to come," LSA sophomore Lana
Karasik said.
The T-shirts are part of the
Clothesline Project and will be on dis-
play in the Michigan Union study lounge
until Nov. I1. Several life-size cardboard
cutouts representing victims who could
not share their stories will accompany
the T-shirts.
SAPAC Director Shingai Chitanda
said the "silent witnesses represent 30
women (from the state of) Michigan
between the ages of 12 and 65 years who
died at the hands of their perpetrators;"
For more information about SAPAC,
interested persons can call 998-9368.
For immediate help, the SAPAC crisis
staff is available 24 hours a day at 936-
3333. The center also offers individual
and group counseling.
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