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. 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