The Insidious "Choice Myth"

A new op-ed editorial in the Ventura County Star, entitled "14-year-old Brandon McInerney: Ventura County's Sacrificial Lamb," concerning the murder of Larry King underscores why defeating the myth disseminated by Christianists that sexual orientation is a "choice" is ever so critical to the furtherance of LGBT rights and putting an end to opinions implied from this editorial. The anti-gay organizations that keep the choice myth alive know exactly what they are doing and they do it precisely so that LGBT individuals can be blamed for their orientation and thus held accountable/blamed for whatever evil or act of violence that befalls them. While the author, Michael Mehas (pictured at left) a Ventura attorney who has previously written a book based on a juvenile murder case, never says it, the undercurrent of the editorial is that Larry King somehow asked to be murdered by choosing to be different and not conforming.

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True, it's always easy to try to make excuses for juveniles, but at 14, Brandon McInerney knew full well that bringing a gun to school and putting two bullets into the back of Larry King's head was wrong. His action of bringing the gun to school shows on its face that the killing was premeditated, a requirement for a first degree murder charge in most jurisdictions. King's killing was no sudden act of passion that occurred without some careful planning by MsInerney. Here are highlights from Mehas' op-ed which in my view tries to shift blame to Larry King for his own murder (or anyone else other than McInerney):

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Because of the way the prosecutor charged the case, Brandon's age, domestic circumstances and the situation of Larry King's sexual advances become irrelevant to Brandon's case. There will now be no reason to consider the fact the defendant was so young when the crime was committed, that if he were 19 days younger, he would be legally unfit to be tried as an adult. There will be no mitigating circumstances to consider. The court may never hear the facts regarding how Brandon appeared crazed by his victim, a teenager himself who was admittedly gay, who teased and taunted Brandon, which humiliated the 14-year-old in front of his fellow students. There were reports that Larry's behavior had caused problems with other boys as well.

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Instead of counseling the victim about his behavior, and Brandon, too, witnesses claim school officials appeared more intent on nurturing Larry as he explored his sexuality. They allowed him to come to school wearing feminine makeup and accessories and they downplayed the turmoil that his behavior was causing on campus.

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Brandon is going to stand trial in adult court, and he is going to pay severely for what he did. Though considered too young to buy alcohol or cigarettes, sign rental agreements or vote, he will be held to the same degree of culpability as an adult, and face adult penalties, and he will go to prison for the rest of his life.

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Trying Brandon as an adult does not serve us in terms of bringing justice to the issue. What would bring justice was if Brandon were given the chance to mature and learn socially acceptable behavior. But, if he must be charged in an adult court, then levy him with charges that would allow a judge to consider his age, his personal-life situation and the circumstances surrounding his crime. These mitigating circumstances are certainly more relevant than the Ventura County district attorney considers them to be.

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Mehas is clearly more concerned with the rights and sensibilities of the murderer rather than the victim who will have no chance to mature or do anything else thanks to Brandon's homophobia and bigotry. One reason I could never be a defense defense attorney is that I could not in good conscience try to defend someone I deemed guilty. Some attorneys give the appearance of having no conscience whatsoever.