Ellis County Observer publisher Joey Dauben finally gets a court-appointed attorney

Joey Dauben

Joey Dauben, the publisher of the now-defunct Ellis County Observer, finally got to see a court-appointed lawyer this week to help him fight the three felony counts of child sexual abuse that have kept him in the Navarro County Jail without legal advice for almost two months now.

Edward Jendrzey, whose office is in Waxahachie in Ellis County, received the court-ordered appointment Thursday, Feb. 16. Jendrzey accepted the case after Steve Keathley, a Corsicana attorney whose wife is the president of the Navarro County Bar Association, declined an appointment by District Court Judge James Lagomarsino to represent the journalist.

In a telephone interview today, Jendrzey said, “Yes, he knows I’m representing him,” when asked whether he had met with his new client, who reached out for help from the media this week in a handwritten letter from jail. When a defendant declares himself to be indigent and asks for a court-appointed attorney, that is supposed to occur within 72 hours. In the letter, Dauben also again claimed he is innocent of the charges.

Jendrzey said his first step in Dauben’s representation will be to conduct an independent investigation of the case to learn the circumstances and to attempt to get Dauben’s $200,000 bond set by Lagomarsino lowered. “I’ll be meeting with the prosecutor about that,” Jendrzey said. Dauben’s family and friends have been unable to raise the 10 percent (or $20,000) payment bond agencies typically charge to get a defendant released from jail.

—  admin

Former GLBT Political Caucus President to lead Harris County Democratic Party

Former HCDP Chair Gerry Birnberg gives new chair Lane Lewis the keys to the party office

Former Houston GLBT Political Caucus president and longtime Democratic party activist Lane Lewis was elected to serve as the Harris County Democratic Party interim chair by the County Executive Committee on Tuesday, December 20. Lewis will serve the remainder of outgoing chairman Gerry Birnburg term, which expires in April. Birnburg announced earlier this year that he would step down after the November general elections.Lewis has also completed his filing as a candidate for HCDP chair on the April 2012 primary ballot.

Lewis previously served as president of the Houston GLBT Political Caucus in 1997. He has a long history of advocacy on LGBT issues.

“Words cannot express the profound sense of responsibility I feel right now,” said Lewis moments after his election as HCDP Chair.  “I am grateful so many fellow Democrats have entrusted me to lead during such a pivotal time. We have much work to do over the next several months to get our county and our candidates ready for the November 2012 election.  This enormous task will take the work of current elected officials, precinct chairs and activists working in unison.  My job will be to foster a new vision for our party and work to keep us all focused on our common goal.”

During Lewis’ acceptance speech, he spoke briefly about the direction and his vision for the party.

“A unified effort from every Democrat is the key to winning elections,” Lewis said.  “It’s plain and simple.  The middle class is under attack; the work we do in 2012 will be key to protecting the future and the promise that the American Dream provides.”

Lane Lewis was elected by an overwhelming majority.  He will begin operating the HCDP immediately.

—  admin

Putting our children at risk

David Webb
The Rare Reporter

Child sexual abuse a concern for everyone, especially LGBT parents

Most people would probably agree there is no resource that a society cherishes more than its children. So it is hard to fathom how sexual predators manage with such apparent ease to carry out horrendous, undetected assaults on children practically under the noses of their families and others who are charged with their protection.

As horrific as the crime of child sexual abuse is, there are no firm estimates of its prevalence because it often goes undetected and is seriously underreported, according to agencies that study child abuse.

Less than 100,000 crimes of sexual abuse are reported each year because children fear telling anyone, and adults who become aware of the activity are often reluctant to contact law enforcement agencies, even though there is usually a legal requirement to do so.

With so many LGBT households now raising children, it is obviously vital that all parents be aware of the tactics used by sexual predators to seduce children without arousing the suspicion of their families, and aware of the symptoms victims of child sexual abuse exhibit.

The critical need for sustained intervention into child sexual abuse recently gained national attention following a grand jury’s indictment of retired Penn State assistant football coach Jerry Sandusky on 40 counts of child sex abuse involving eight victims over a 15-year period. The victims reportedly came into contact with the now 67-year-old, married Sandusky in connection with the Second Mile, a children’s charity the former football coach founded.

Although Sandusky denied, this week in an NBC interview, engaging in any type of sexual activity with the pre-pubescent boys, he acknowledged showering and “horsing around” with them after exercise. He also admitted hugging young boys and putting his hand on their legs when they sat next to him.

His admissions shocked viewers and confirmed in many minds what was already suspected — Sandusky is most likely a pedophile that has taken advantage of young boys with the unwitting complicity of their families.

It is a devastating scandal that will likely rival the one that rocked the Catholic Church a decade ago when it became known that untold numbers of Catholic Church priests sexually abused young boys and violated the trust of their families.

If the charges against Sandusky are true, the accounts by the victims portray a classic pattern of enticement and betrayal practiced by the former football coach in his pursuit of the young boys. Likewise, the lack of action by those who knew about Sandusky’s alleged criminal activity parallel what often happens when the abuser commands power and respect in a community.

Much of the difficulty in combating child sexual abuse can be attributed to its relative youth in terms of public awareness about the crime. The first studies on the molestation of children began in the 1920s, and the first estimate of the prevalence of the crime was reported in 1948.

In 1974 the National Center for Child Abuse and Neglect was founded, and the Child Abuse and Treatment Act was created. Since then, awareness about the problem has grown dramatically, and much more is known about deterring the crime and assisting victims of it.

Children’s advocates have identified “red flags” to help parents and others protect children from sexual predators. They warn parents to be wary of someone who wants to spend more time with their children than they do, who attempts to be alone with a child, who frequently seeks physical closeness to a child such as hugging or touching, who is overly interested in the sexuality of a child, who seems to prefer the company of children to people their own age, who lacks boundaries, who regularly offers to babysit,who often gives presents or  money to children, who frequently walks in on children in bathrooms or locker rooms, who frequents parks where children gather, who makes inappropriate comments about a child’s appearance or who likes to photograph children.

Signs of possible sexual abuse in children include a fear of people, places or activities, reluctance to undress, disturbed sleep, mood swings, excessive crying, fear of being touched, loss of appetite, a drastic change in school performance, bizarre themes in drawing, sexually acting out on other children, advanced sexual knowledge, use of new words for private body parts and a reversion to old behavior such as bedwetting or thumb sucking.

Aside from the moral responsibility to protect children and other weaker members of society that all people share, it is essential to intervene in child sexual abuse because of the long-lasting psychological damage it usually causes. The problems can include feelings of worthlessness, depression, anxiety, suicidal thoughts and distorted views of sexuality.

Also, victims of child sexual abuse tend to become sexual predators as adults, making it a crime that begets more crime.

The Sandusky scandal will undoubtedly lead to devastating repercussions for Penn State, for the Second Mile charity with which the former football coach is no longer affiliated and for law enforcement and university officials who became aware of concerns about the former football coach’s activities and failed to act on them.

But the real tragedy — if the allegations are true — will be the lasting impact upon the victims.

David Webb is a veteran journalist who has covered LGBT issues for the mainstream and alternative media for three decades. E-mail him at davidwaynewebb@yahoo.com.        

This article appeared in the Dallas Voice print edition November 18, 2011.

—  Michael Stephens

Investigation clears gay Fort Worth teacher

Kristopher Franks set to return to work Friday after 4-day leave stemming from allegations of improper behavior

FWISD School board member Carlos Vasquez

Tammye Nash  |  Senior Editor
nash@dallasvoice.com

FORT WORTH — Gay Western Hills High School teacher Kristopher Franks, put on paid administrative leave on Monday, Sept. 26, following allegations of improper behavior, has been cleared of all allegations and was set to return to work today (Friday, Sept. 30).

Franks is the teacher who  became the target of ire from the religious right after he sent a student in his German 1 class to the principal’s office for saying in class that as a Christian he believed “homosexuality is wrong.” The school’s assistance principal then suspended the student, setting off a controversy that made headlines around the country.

That student, freshman Dakota Ary, and his mother enlisted the assistance of Liberty Counsel attorney Matt Krause in fighting the suspension on the grounds that Franks and the school had violated Ary’s right to freedom of speech.

District officials quickly reversed their decision, lifting the suspension.

But Steven Poole, deputy executive director for the United Educators Association of Texas, a teachers union, said Tuesday, Sept. 27, that the allegations leading to Franks being put on leave were unrelated to the incident with Ary.

Franks, who had not spoken to the press previously on the advice of his union representative, said Thursday afternoon that he had just met with Fort Worth Independent School District administrators, who told him the nearly weeklong investigation had determined that the allegations against him were unfounded. He did not elaborate on the substance of those allegations.

Franks also said administrators had given him the option of returning to teach at Western Hills High or transferring to another school in the district.

“I haven’t made up my mind yet what I’m going to do,” Franks told Dallas Voice by phone Thursday afternoon. “I’m going to go back to work tomorrow, and I will talk to my boss [the district’s world languages supervisor], and see what she says and decide what’s the best thing to ­do from there.”

FWISD Board of Trustees member Dr. Carlos Vasquez told Dallas Voice in a phone call Wednesday afternoon, Sept. 28, that any time allegations are made against a teacher, those allegations have to be investigated, and it is routine for the teacher in question to be placed on paid administrative leave.

Franks said Thursday that he was pleased with the outcome of the investigation, carried out by an independent investigator, and that interim FWISD Supt. Walter Dansby was “very nice” when they spoke.

“I think they did the right thing,” Franks said. “I can go back to work, which is great. But now I just have to figure out how to fix the damage this whole thing has done to my personal life.”

Franks said since the investigation is closed, he is no longer being represented by a union attorney. He has, instead, retained the services of attorney Stephen Gordon to “represent me on any aspects of this whole thing going forward.”

He also indicated that he and Gordon would be discussing what possible actions he might take against “those people who have lied and made false allegations against me.”

While Franks had previously declined to speak to the media, Daokta Ary, his mother and Krause as their attorney went immediately to the press, telling their side of the story in several TV interviews and saying Franks and the school had violated the student’s right to freedom of speech. The case quickly became a rallying point for the religious right.

Krause this week told Dallas Voice that he and his clients are satisfied with school officials’ decision to rescind the unexcused absences the suspension left on Ary’s record, but “we would still like for them [school officials] to completely vindicate him and say that he did nothing wrong. He should never have been written up for an infraction. He should never have been sent to the office, and he should never have been suspended.”

Ary said in  media interviews that he made the comment quietly to a classmate sitting next to him in response to a discussion going on in the class at the time.

Dakota Ary

But Franks told friends shortly after the incident that there was no discussion involving homosexuality at the time, and that Ary made the comment loudly while looking directly at Franks.

Franks also told friends that the comment was only the latest in an ongoing series of incidents in which Ary and a group of three of his friends have made anti-gay comments to and about him.

Franks told friends that the harassment by Ary and his friends began several weeks ago after Franks, who also teaches sociology, posted on the “World Wall” in his classroom a photo, taken from the German news magazine Stern, of two men kissing. The photo was ripped off the wall and torn in two at some point during Ary’s class, and Franks told friends he believes that Ary or one of his friends tore up the photo.

During a later sociology class students upset that the photo had been torn up replaced it with a hand-drawn picture, and another student then covered that picture with a page bearing a hand-written biblical scripture from Leviticus calling sex between two men an abomination.

Franks told friends that since that incident, Ary and his friends had continued to make derogatory and harassing comments.

Franks’ friends also said that the teacher, a Fulbright scholar, has been the target of anti-gay harassment for at least the last two years, including having hateful messages left in his classroom and, in one case, having his car vandalized.

FWISD teacher Martin Vann, spokesman for the group LGBTQ S.A.V.E.S. that was formed about a year ago to help protect students and teachers in the district from anti-gay discrimination and bullying, said that Franks told his version of the incident last week, before the current investigation was launched and Franks was required to sign a statement saying he would not discuss the incident with other teachers, administrators, parents or students. Vann said Franks denied getting angry and yelling at Ary, as Ary had said, and reiterated that Ary’s comments were not pertinent to any discussion in the class at the time.

Vann said Franks told him that another student had asked him what the German word for “Christian” was, and how, if he moved to Germany, he could find an English translation of the Bible. That’s when, Franks told Vann, Ary looked directly at him and said loudly that as a Christian, he believes homosexuality is wrong.

It was not, Franks told Vann, a simple statement of belief or opinion but rather an intentional effort to insult and harass the teacher that Ary perceived to be gay.

Krause this week again said that Ary did not direct his remark in class that day at Franks, and that Ary had nothing to do with tearing down the photo of the men kissing.

The attorney also said that Ary told him he did not know to whom Franks was referring when he talked about Ary’s “three friends.”

The Franks case comes in the wake of months of scandal over allegations by teachers that administrators routinely allowed some teachers and administrators to harass and bully students and other teachers, and that teachers who complained often faced retaliation.

Vasquez, who is openly gay, said Wednesday that he believed the Franks investigation would be fair, that he would watch the situation closely “to make sure all the proper procedures are followed,” and that he believed Dansby would handle the situation fairly.

“Considering all the problems we’ve had, I know he [Dansby] will be watching this closely,” Vasquez said.

Vasquez said it is the school district’s responsibility to make sure there is “no harassment in our schools, whether it’s from the teacher to the student, or student to student or even student to teacher. I know that happens, sometimes, too.

“There should be no harassment whatsoever in our schools,” Vasquez , himself a former teacher, said.

Fort Worth ISD has been credited with having one of the most comprehensive anti-bullying and anti-harassment policies in the state, having adopted individual policies within the last year to include prohibitions against harassment and bullying, including that based on sexual orientation, gender identity and gender expression, for both teachers and students.

This article appeared in the Dallas Voice print edition September 30, 2011.

—  Michael Stephens

Latin flair

comedy
MUY FUNNY | Dan Guerrero works for laughs while being gay and Latino in his one-man show.

Before he could write ‘¡Gaytino!,’ Dan Guerrero first had to find his roots

rich lopez  | Staff Writer
lopez@dallasvoice.com

Growing up gay and Latino can be a tough hand to play. In a culture that revels in religion and machismo — hell, the word “machismo” is Latino — coming out poses pitfalls.

But Dan Guerrero lucked out. With some artsy upbringing by a musician dad and a not-so-practicing Catholic background, Guerrero’s closet was easy to open. In fact, it was harder for him just to be Hispanic.

“Los Angeles never made me feel like I was good enough,” he says. “I fell in love with musicals in junior high. I wanted to hear Julie Andrews in Camelot! Who gives a rat’s ass about mariachi?”

His dad might have given one. He was famed musician Lala Guerrero, the father of Chicano music who popularized the Pachuco sound in the 1940s (the beats most associated with Zoot suits and swing dancing). While Guerrero appreciated his father’s legacy, he established his own identity by moving to New York to become an actor. That didn’t work out so much, but becoming an agent did.

“It was kind of by accident, but I ended up being an agent for 15 years,” he says. “I got into producing and I loved it.”

Although he stepped away from performing, Guerrero finds himself back onstage Friday and Saturday at the Latino Cultural Center with ¡Gaytino! The autobiographical one-man show is part comedy, part cabaret, with Guerrero recounting in lyrics and punch lines his experiences growing up gay and Latino, life with father … and having to rediscover his roots after moving back to L.A.

“The main reason I did the show is, I wanted to know more about my dad and my best friend. I was already fabulous,” he laughs. “So I don’t think of this as my story. I wanted to embrace his legacy and celebrate him and our lives, but also tell of being a born-again Hispanic.”

In L.A., Guerrero rediscovered his heritage. While still working in entertainment, he noticed a lack of Latinos behind the scenes. He started a column in Dramalogue to change that, interviewing actors like Jimmy Smits and Salma Hayek and producing shows that spoke to Latin audiences.

And then came ¡Gaytino!

“Well, the word itself hit me first so I trademarked it. Then it was madness as I set about writing it,” he says.

When the show debuted in 2005, Guerrero hadn’t performed in 35 years. He was a different man, no longer a young buck with nothing to lose and untarnished optimism. He was a behind-the-scenes producer and casting agent. He was — gasp! — older.

“I remember thinking, ‘What am I gonna do? What if I forget my lines?’ I’m an old codger,” he says. “But I got onstage and it was like I had did it the day before. Performing is just part of who I am.”

With his successful day job (he once repped a young Sarah Jessica Parker), a healthy relationship (32 years this November) and irons in many other fires, why bother with the daunting task of writing a show and carrying it alone?

“It still feels like I’m breaking into show business. At least when you’ve been around as long as I have, you can get the main cheese by phone,” he answers. “But really, I had something I wanted to say and I love doing it. I’ve been lucky to stay in the game this long but it’s not by accident; it’s all been by design.”

What he loves isn’t just doing his show, but how it pushes positive gay Latino images. He’s dedicated this chapter in his life to that. Guerrero now feels parental toward the younger generation — maybe because he has no children of his own.

“I do feel a responsibility and not just to younger people, but to all,” he says. “For ¡Gaytino!, I first want them entertained, but I hope audiences will leave more educated about some Chicano culture and history and Gaytino history.”

……………………………………

QUEER CLIP: ‘BEGINNERS’

screen

 

Beginners is such a dreadfully forgettable and generic title for what is the year’s most engaging and heartfelt comedy, you feel like boycotting a review until the distributor gives it a title it deserves.

Certainly the movie itself — a quirky, humane and fantastical reverie about the nature of love and family, with Ewan McGregor as a doleful graphic artist who, six months after his mother dies, learns his 75-year-old dad (Christopher Plummer) is gay and wants to date — charts its own course (defiantly, respectfully, beautifully), navigating the minefield of relationships from lovers to parent/child with simple emotions. It’s not a movie that would presume to answer the Big Questions (when do you know you’ve met the right one? And if they aren’t, how much does that matter anyway?); it’s comfortable observing that we’re all in the same boat, and doing our best is good enough.

McGregor’s placid befuddlement over how he should react to things around him — both his father’s coming out and a flighty but delightful French actress (Melanie Laurent) who tries to pull him out of his shell — is one of the most understated and soulful performances of his career. (His relationship with Arthur, his father’s quasi-psychic Jack Russell, is winsome and winning without veering into Turner & Hooch idiocy.) But Plummer owns the film.

Plummer, best known for his blustery, villainous characters (even the heroic ones, like Capt. Von Trapp and Mike Wallace), exudes an aura of wonder and discovery as the septuagenarian with the hot younger boyfriend (Goran Visnjic, both exasperating as cuddly). As he learns about house music at a time when his contemporaries crave Lawrence Welk, you’re wowed by how the performance seethes with the lifeforce of someone coming out and into his own. His energy is almost shaming.

Writer/director Mike Mills’ semi-autobiographical film suffers only being underlit and over too quickly. It wouldn’t be a bad thing to spend more time with these folks.

—Arnold Wayne Jones

Rating: Four and half stars
Now playing at Landmark’s Magnolia Theatre.

This article appeared in the Dallas Voice print edition June 10, 2011.

—  Kevin Thomas

Snap shots: ‘Bill Cunningham New York’ turns the camera on fashion’s most influential paparazzo

LENS ME A SHOE | The Times photographer documents foot fashion in ‘Bill Cunningham New York.’

ARNOLD WAYNE JONES  | Life+Style Editor
jones@dallasvoice.com

Maybe Project Runway’s to blame, maybe The Devil Wears Prada, but for the past few years there has been a surplus of documentaries about the fashion industry, with profiles of designers like Valentino (Valentino: The Last Emperor), Yves Saint-Laurent (several in fact), even young designers (Seamless) and Vogue magazine’s editor (The September Issue). (By contrast, I can only recall one fashion doc from the 1990s: Unzipped, about a young designer named Isaac Mizrahi.) Is there really that much to say about dressmaking?

Maybe not, but while Bill Cunningham New York fits broadly within the category of fashion documentaries, its subject is unusual because he eschews the trappings of haute couture even as he’s inextricably a part of it — a huge part, really.

If you don’t read the New York Times, you might not recognize Cunningham’s name, and even if you do read it, it may not have registered with you. For about, well, maybe 1,000 years, Cunningham has chronicled New York society with his candid photos of the glitterati on the Evening Hours page. At the same time, however, he has documented real fashion — how New Yorkers dress in their daily lives — with his page On the Street, where he teases out trends (from hats to men in skirts to hip-hoppers allowing their jeans to dangle around their knees). Anna Wintour may tell us what we should wear; Cunningham shows us what we do.

“We all get dressed for Bill,” Wintour observes.

What makes Cunningham such an interesting character is how impervious he seems to the responsibility he effortlessly wields. He loves fashion, yes, but he’s not a slave to it himself. He scurries around Manhattan (even in his 80s) on his bicycle (he’s had dozens; they are frequently stolen), sometimes in a nondescript tux but mostly in jeans, a ratty blue smock and duck shoes, looking more like a homeless shoeshiner than the arbiter of great fashion. He flits through the city like a pixie with his 35mm camera (film-loaded, not digital), a vacant, toothy smile peaking out behind the lens, snapping the denizens of Babylon whether they want it or not.

One of the funniest moments is when strangers shoo him away as some lunatic paparazzo, unaware how all the well-heeled doyens on the Upper East would trade a nut to have Cunningham photograph them for inclusion in the Times. Patrick McDonald, the weirdly superficial modern dandy (he competed as a wannabe designer on the flop reality series Launch My Line a few seasons back), seems to exist with the hope that Cunningham will shoot him. And shoot him he does.

Many artists are idiosyncratic, even eccentric, but Cunningham is supremely odd by any standards. He lives in a tiny studio near Carnegie Hall filled with filing cabinets cluttered with decades of film negatives on the same floor as a crazy old woman, a kind of urban variation on Grey Gardens. He knows tons of people but most of them seem to know very little about him. By the time near the end when the filmmaker, director Richard Press, finally comes out and ask him outright whether he’s gay, Cunningham arches in that prickly New England way, never really answering outright, though he says he’s never — never — had a romantic relationship. Things like that were simply not discussed by men of his generation.

In some ways, we never really know any more about Cunningham at the end than any of his friends do, and perhaps even him. Cunningham comes across as defiantly non-self-reflective. He lets his work do all the talking for him. And that work has a lot to say on its own.

This article appeared in the Dallas Voice print edition April 8, 2011.

—  John Wright

Fidel Castro: I Take Responsibility For Cuba’s Persecution Of Gays

Calling it a “great injustice,” today Fidel Castro told a Mexican newspaper that he accepts responsibility for Cuba’s persecution of its gay citizens, thousands of whom were rounded up and placed in internment camps during his regime.

Castro said that the revolutionary government’s actions represented “a great injustice – a great injustice! – whoever committed it. If we committed it, we committed it. I am trying to limit my responsibility in all that because, of course, personally I don’t have that type of prejudice.” The interviewer paraphrases him as saying that “everything came about as a spontaneous reaction in the revolutionary ranks that came from the nation’s traditions. In the old Cuba, blacks were not the only ones discriminated against; there was discrimination against women and, of course, homosexuals.” Was the Communist Party to blame, the interviewer asks. “No,” Castro responds. “If anyone is responsible, I am. True, at that time I couldn’t concern myself with the subject. I was deeply and mainly involved in the October Crisis, the war, the political issues. But in the end, if responsibility must be assumed, I assume mine. I’m not going to blame others,” Castro says.

Many will likely credit Castro’s niece Mariela for today’s statement as she has led Cuba’s burgeoning LGBT rights movement in recent years. Havana has staged gay pride parades for the last two years.

Joe. My. God.

—  John Wright

Heterosexuals Bailing On Biological Responsibility to Spit Out Children

For all the sex the gays are having, none of it is resulting in offspring. The onus of fostering new generations of children, conservatives like Marco Rubio and Sally Kern tell us, is the exclusive right of heterosexuals. So how come they're DOING SUCH A TERRIBLE JOB AT IT.


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Queerty

—  John Wright