National news briefs • 09.02.11

Posted on 01 Sep 2011 at 5:00pm

Judge puts trial on hold in case against Dan Choi

WASHINGTON — Dan Choi may be closer to having charges against him dropped after the judge in his case put the trial on hold this week.

Choi, a gay former Army lieutenant, was arrested for handcuffing himself to the White House fence in November 2010 to protest “don’t ask, don’t tell.” Choi was dismissed from the Army under the policy.

Choi was arrested two other times earlier in 2010 for similar White House protests. However, charges in those instances were brought against him in local court.

This case is being tried in federal court and he faces six months in jail and a fine. Choi’s attorney claims he is being treated differently and harshly prosecuted because is outspoken and gay.

In putting the trial on hold, the judge said that he believes Choi has shown — at least preliminarily — that he is being treated differently.

The government prosecutor, Angela George, said that she plans to have the judge’s actions reviewed by a higher court. She said that Choi is being treated no differently than the other protesters. Choi attorney Robert Feldman said that he believes the judge’s actions mean that his client has “effectively won the case” and charges will eventually be dismissed.
The trial is on hold for 10 days.

Others arrested in the case accepted a plea deal of no jail time in exchange for pleading guilty with the condition of no further arrest for four months. Choi rejected that deal.

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Death penalty recommended in case of man who murdered family

LYNDON, Kan. — A jury recommended the death penalty for James Kraig Kahler who was on trial in Kansas for killing four family members in November 2009. Final sentencing by the judge is set for Oct. 11.

Kahler is the former city utilities director in Weatherford.

After 23 years of marriage, his wife filed for divorce. She was a fitness trainer at a Weatherford gym and had been seeing another woman she worked with after Kahler tried to initiate a three-way sexual relationship with his wife and the other woman.

Kahler moved to his parent’s home outside Topeka weeks before the murder.

His son Sean, now 12, testified that he saw his father shoot his mother.

In addition to his wife, Kahler killed her grandmother and their two daughters, ages 18 and 16. Sean testified that he was not threatened during the shooting rampage.

The defense argued that the affair affected Kahler’s state of mind. They argued for life in prison because, they said, he was out of control emotionally and suffering deep depression when he committed the murders.

Under Kansas law, mental illness is only a defense if it prevents the defendant from forming the intent to kill or acting with premeditation.

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Jury unable to reach verdict in trial of teen accused of killing classmate

LOS ANGELES — A jury was unable to reach a verdict in deliberations that began on Monday, Aug. 29 in the murder case of Brandon McInerney, who is accused of shooting his gay classmate, Lawrence King, in their computer class in Oxnard, Calif., in February 2008. The judge declared a mistrial.

In closing arguments, the prosecution said that McInerney, whose attorneys claimed shot King in a panic after King repeatedly flirted with him, was lying in wait and planned the killing ahead of time. They claimed the defense was using gay panic as an excuse.

The defense said McInerney was in a dissociative state when he killed King. They claim he was not completely aware of what he was doing and said he grew up in a violent household and was sexually harassed by King.

One of the jurors is a college student who started classes this week. Ventura County Judge Charles Campbell is allowing the jury to deliberate around her schedule.
The trial was moved to Los Angeles because of pre-trial publicity.

The murder took place when McInerney was 14, but he is being tried as an adult. Now 17, he faces up to a 50-year prison term, although jurors may consider a conviction of voluntary manslaughter with a 14 to 21 year sentence.

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Prosecutors: Man filmed with Clementi should stay anonymous

NEW BRUNSWICK, N.J. — Prosecutors say the identity of a man recorded on a webcam in a gay intimate encounter with a New Jersey university student who killed himself should remain a secret.

The Middlesex County prosecutor’s office filed a motion Monday, Aug. 29, asking a judge to withhold the name of the man, identified only as M.B.

The Star-Ledger newspaper of Newark reports the request came in response to a motion filed by lawyers for Dharun Ravi, who is accused of spying on Rutgers University roommate Tyler Clementi and is charged with bias intimidation and invasion of privacy.

Clementi killed himself last September after his encounter with M.B. was transmitted online. His suicide sparked national discussion about bullying.

Ravi’s lawyers say they believe M.B. has information that could help their client’s case but they don’t know his name.

This article appeared in the Dallas Voice print edition August 31, 2011.

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