The Scapegoating of Brandon McInerney

Ventura County Superior Court Judge Douglas Daily ruled yesterday that Brandon McInerney, the 14-year-old who shot and killed Lawrence King at school in February and was charged with first-degree murder and a hate crime, can be tried as an adult.

McInerney’s lawyer, William Quest, along with a large coalition of gay groups, had urged the court to try McInerney as a juvenile. That coalition includes the American Civil Liberties Union of Southern California, Equality California, Gay Straight Alliance Network, Lambda Legal, the Los Angeles Gay and Lesbian Center, the National Center for Lesbian Rights, the National Gay and Lesbian Task Force, and the Transgender Law Center.

I know this is a controversial, but I see no purpose this ruling serves. There has already been one tragedy — Larry’s life is over — and there will soon be another. What this court and district attorney is doing setting the stage for a 14-year-old with no prior record to spend the next 50 years in prison. If this path reaches its logical conclusion, two lives will be over.

Do we really think that solves anything?

[Rocco]

It is barbaric to lock up a 14 year old for 50 years. What is the point of having a juvenile justice system if you treat a 14 year old as an adult?

Another nail in the coffin of US human rights

[CLMalnar]

Why does someone think that a person who is capable of such hate at such a young age should be any place but prison for the rest of his life? I work in the juvenile justice system; I understand the purpose of rehabilitation, but it does not work. Someone like this will most likely never be anything more than a cold-blooded murderer. Why would you want to take the risk of someone you love being the next victim?

[Sir Andrew]

Brandon should serve the same number of year he stole from Lawrence King.

[Justin]

CLMalnar wrote:

Why does someone think that a person who is capable of such hate at such a young age should be any place but prison for the rest of his life? I work in the juvenile justice system; I understand the purpose of rehabilitation, but it does not work. Someone like this will most likely never be anything more than a cold-blooded murderer. Why would you want to take the risk of someone you love being the next victim?

Rehabilitation can work but it's got to be a good company with their act together. I've worked in four group homes for boys with emotional/legal problems and only one of them was well run which is sad. I have worked at two detention centers for boys and they were jokes. We need to get good systems in place to rehabilitate but sadly it won't work under the current way of doing things. Major change is needed.

[M a r c]

CLMalnar wrote:

Why does someone think that a person who is capable of such hate at such a young age should be any place but prison for the rest of his life? I work in the juvenile justice system; I understand the purpose of rehabilitation, but it does not work. Someone like this will most likely never be anything more than a cold-blooded murderer. Why would you want to take the risk of someone you love being the next victim?

It's interesting how you know the facts of this case explicitly enough to describe this as a hate motivated crime. I am not discounting the reality that this murder appears to fall under the law as a hate crime. But even in our society where murder is prevalent and school shootings horrifically commonplace, the circumstances that led to this crime our currently unknown and obviously unique.

Perhaps the opportunity is to not think you know it all, you obviously haven't been able to solve the problem of non-rehabilitation in our juvenile justice system.

[born that way]

The poor kid, like most every other kid, has been brainwashed since he emerged from the womb, in a fallacious and nefarious web of lies about what's right and wrong, and what is an acceptable response to any activity that does not fit the brain-washed definition of such. Unfortunately, religion has left him high and dry in this case. They told him he was on the right side, but now he's suffering the consequences. John Lennon, we need you! "Imagine there's no religion..."

[Emmatg52]

Unfortunately Brandon's life was over the moment he shot and killed Lawrence King. Whether or not he should spend the rest of his life behind bars, or should the state attempt to rehabilitate him (which is usually a joke)is not really the issue.

I see this as what kind of message is going to be delivered to the other Brandon's out there who may be thinking that killing a faggot would be cool. All this talk about his poor background is just blowing smoke trying to find an excuse for his actions, there is no excuse for what he did to Lawrence.

What happens to Brandon now, and this may sound cold, but I don't really care as long as he is not allowed to live free on the streets.

Rehabilitate him for 15 years, and when he gets out he will probably blame his lost life on those damned faggots. I wouldn't want to be anywhere near him.

Besides, doesn't rehabilitating a cold blooded murderer sound erriely similar to rehabilitating a gay person? And we know how well that works,...

[Catholic created gay]

You have to be a bloomin idiot to not see the hypocrisy in the double standard we as a society are teaching our young people when we treat them as adults when they are perpetrators but treat them as children when they are victims. The District Attorneys in most states in this country are idiots.

[CLMalnar]

Marc,
I don't believe I implied to "know it all". I was asking a question... "Why would a person think Brandon should be anyplace but prison". That's a question. I have more questions now: Who said anything about me solving the problem of non-rehabilitation? Do you not think murder such as this is obviously motivated by hate of some sort, regardless of the details of the crime? I really don't understand your point.(that's a statement)

[LadyIsREAL]

We have a much greater problem to address now that this tragic event is being highlighted by the news media... that of the scientific evidence available now being used to try and convict teens as adults. There was another Ventura County case involving a killing several years ago, and scientific evidence was introduced which allowed the killer to receive a much lighter sentence - see http://scienceline.org/2008/7/23-policy-solti... for further details.

Trying teens as adults might be one thing, but it opens up a whole new ball of wax - if we can try a teen as an adult despite the prefrontal cortex not being full developed until the age of 23 to 25, then we have to ask ourselves as a society why our laws give rights and privileges to people prior to the full development of this part of the brain. The particular area of the brain manages reasoning, impulse control and judgment... and yet? We give most of the rights of adults to young people once they turn 18 - 5 years prior to the time they have the full capacity to understand the full ramifications of the rights they have been given. Scary thought, huh?

The right to drink in many states, full legal rights in regards to contracts, credit, etc... the right to vote which determines the pathway of this country in every presidential election for at least 4 years, if not 8 --- and yet we know (now) scientifically, the brain is not fully developed in regards to reasoning and judgment during this time.

So if you want to try a teen based upon his incapability to manage impulse control, then you must address all the other areas of society that the 18 - to 25-year olds provide major impact on in our communities, society and our country in general.

The greatest purchasing power lies in the hands of this same age group - changing the rules to allow teens to be tried as adults - means you need to be aware of the economy which hinges on this same age group, which is also the majority of this country's all volunteer military force.

You can't have one aspect of the problem tweaked and not resolve the whole issue... make the punishment one of an adult, we need to change our laws to address scientific research that has proven this period of life sets up emotionally-driven behavior that can be erratic and dramatically affects everyone by their votes, dollars, actions and opinions.

[West Coaster]

Just a question to throw out there.... if we expect our children to behave as adults by the time they're 18, then shouldn't we teach them to be adults by then? The parents failed miserably in this kids life..... they got to have him.... where's the responsibility of parenting now?

[Catholic created gay]

CLMalnar wrote:

Why does someone think that a person who is capable of such hate at such a young age should be any place but prison for the rest of his life? I work in the juvenile justice system; I understand the purpose of rehabilitation, but it does not work. Someone like this will most likely never be anything more than a cold-blooded murderer. Why would you want to take the risk of someone you love being the next victim?

I pity those you supervise in the juvenile justice system, and I pity you for your ignorance.
You don't even have a basic understanding of juvenile psychology. We can't recognize a boy of 14 when he reaches 18 or 19, he has changed completely in that time span.
Why do we as a society continue to treat children as adults when they are perpetrators, and as children when they are victims? A child is a child and nothing else, no matter what happens. This trying to get even with children will bring us to our doom.

[LadyIsREAL]

West Coaster wrote:

Just a question to throw out there.... if we expect our children to behave as adults by the time they're 18, then shouldn't we teach them to be adults by then?

Some of the worst behaved teens can come from the most devoted parents. Because you provide the skills, support network and discipline along with love, does not insure your child will become the model citizen during this time period in their life. Clearly the research studies indicate that... it's like faulting someone who, having diabetes, can't control the sugar levels 100% of the time. We only have so much control over the human body, despite all the options and resources available.

West Coaster wrote:

The parents failed miserably in this kids life..... they got to have him.... where's the responsibility of parenting now?

I'm not saying either young adult had the best or worst parents, nor the proper environment to grow up in. But there is a 'cattle drive' to exploit childhood environments in relationship to any wrong doings. Many people have had bad childhoods and grew up to, in fact,'break the cycle' or use it as an example of what NOT to do when faced with these decisions. Science has not yet gotten to the point where they can isolate minute triggers and environments to predict which young adult will take which pathway when presented with a myriad of choices. It has only reached the point (now) that we know the front part of the brain that governs many of these impulse-control decisions has not yet fully developed until someone is between the ages of 23 and 25. If you want to charge this same age group as someone who has a fully-developed brain section, then you can't allow the circumstances legally at the same time. It's the same as putting heroin in front of a known addict and then expecting them to NOT attempt to use it, ya know?

[Wolf]

Brandon was stalked by a gay kid. was harrassed by a gay kid. teased because he was the psychological victim of the gay kid. Couldn't ask the teachers to make the gay kid leave him alone because the administration didn't want to put limits on the gay kids self expression or sexual identity.

He was a victim that went over the edge. Somebody had to get hurt. I wish he just assulted the other kid instead of killing him, but this is how it happened. He doesn't deserve 50 years in Jail, he needs consuling, and a lighter sentance. in his mind it was self defense.

I'm not advocating violence against anybody, but a 14 year old boy pushed to the limit isn't a reasonable adult, and cannot be trialed as one. Between the stupidity that is being a kid, and the stress he was going under, I have no reason to hate this kid. May god have mercy on him.

[Dyssonance]

"Wish he had assaulted"

Wow.

"Not advocating violence"

Wow again.

Quit subverting your blaming the victim.

[Fourteen Words]

Brandon McInnery's actions are indeed horrific, but we must remember that Mr. King was not entirely without blame in this matter, and neither are his parents or the school's administration. There is still the matter of that "be my valentine" issue (which I suspect was more in the nature of a leering, disgusting proposition for gay sex). There is in addition the issue of the school's (and his parents') tolerance of King's outrageous behavior, which was clearly a disruptive influence.

I suspect that if McInnery had gone to the faculty and complained about King's act of sexual harrassment, which it indeed was, he would have been ignored.

Those who are denied recourse to justice cannot be blamed for taking justice into their own hands.

[e-mail]

[Fourteen Words]

Wolf wrote:

Brandon was stalked by a gay kid. was harrassed by a gay kid. teased because he was the psychological victim of the gay kid. Couldn't ask the teachers to make the gay kid leave him alone because the administration didn't want to put limits on the gay kids self expression or sexual identity.
He was a victim that went over the edge. Somebody had to get hurt. I wish he just assulted the other kid instead of killing him, but this is how it happened. He doesn't deserve 50 years in Jail, he needs consuling, and a lighter sentance. in his mind it was self defense.
I'm not advocating violence against anybody, but a 14 year old boy pushed to the limit isn't a reasonable adult, and cannot be trialed as one. Between the stupidity that is being a kid, and the stress he was going under, I have no reason to hate this kid. May god have mercy on him.

Parents of homosexual children should be required to home-school them. The rest of us are trying to raise our kids to be decent men and women, not fodder for perverts. Keep your little dirtbag at home, society doesn't want him/her around.

[e-mail]

[ltndncr59]

Fourteen Words wrote:

Brandon McInnery's actions are indeed horrific, but we must remember that Mr. King was not entirely without blame in this matter, and neither are his parents or the school's administration. There is still the matter of that "be my valentine" issue (which I suspect was more in the nature of a leering, disgusting proposition for gay sex). There is in addition the issue of the school's (and his parents') tolerance of King's outrageous behavior, which was clearly a disruptive influence.
I suspect that if McInnery had gone to the faculty and complained about King's act of sexual harrassment, which it indeed was, he would have been ignored.
Those who are denied recourse to justice cannot be blamed for taking justice into their own hands.
[e-mail]

I'm sorry, but are you saying that there is ANY justification for MURDER? That that poor child who was MURDERED was responsible for his own death?

You're sick.

[ltndncr59]

Fourteen Words wrote:

<quoted text>
Parents of homosexual children should be required to home-school them. The rest of us are trying to raise our kids to be decent men and women, not fodder for perverts. Keep your little dirtbag at home, society doesn't want him/her around.
[e-mail]

And you are the best argument for abortion that I have ever heard.

[Fourteen Words]

ltndncr59 wrote:

<quoted text>
I'm sorry, but are you saying that there is ANY justification for MURDER? That that poor child who was MURDERED was responsible for his own death?
You're sick.

The fact remains that King's behavior was outrageous and unacceptable, and the rules regarding sexual harrassment apply to GBLT's just as they apply to heterosexual men and women. Gays should not be awarded a mulligan, merely for being gay.