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View Diary: AL lesbian viciously beaten by girlfriend's brother in horrific Thanksgiving Day hate crime (238 comments)

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  •  Trying not to pass judgement just because it (11+ / 0-)

    happened in Alabama but I find it interesting (infuriating) that the DA isn't wanting to call this a hate crime.

    So, what the hell is it then?

    If this violent freak isn't charged right now with a hate crime, what grounds to convict this guy is the DA pursuing? The girl's brother is just so intimidated by her, he had to nearly beat her face off?

    Hate crime or not, he's going down but the DA is making a big mistake. Testimony from Mallory Owens' girlfriend, Mallory's mother and the rest of the family will probably indicate that this asshole tried to kill her for being his sister's lesbian lover and that's his ONLY MOTIVATION.

    I'm not assuming what happened in that house that night because I'm not trying to make Mallory's case without hearing the facts, it's just that common sense would indicate that unless this kid is a certified sociopath/psychopath, he beat this girl Mallory nearly to DEATH for some other reason than just a passing annoyance or a disagreement in musical tastes. I'm just sayin....

    "It's not enough to acknowledge privilege. You have to resist." -soothsayer

    by GenXangster on Mon Nov 26, 2012 at 05:03:37 PM PST

    •  John Wesley Hardin (0+ / 0-)

      shot a man to death for snoring.

      Just Sayin', cuz gutsynip expanded on this in his comment above pretty well.

      47 is the new 51!

      by nickrud on Mon Nov 26, 2012 at 05:07:43 PM PST

      [ Parent ]

    •  Though hate crime seems the most likely reason, (9+ / 0-)

      it could also be an argument about something political or religious or a number of other hair trigger issues.  It's not hard to imagine Mallory perhaps being a bit more liberal than Travis.  If you add alcohol and existing violent tendencies to the mix, all kinds of ugly shit is possible.  There's a lot of domestic violence this time of year, and maybe this is some.

      •  Blame it on the Muslim Kenyan and Demon Alcohol? (0+ / 0-)

        Really? You are right about domestic violence during holiday season.

        Even so, seems to me that if one disagreed with another's politics or religious views so violently that they would beat their face in, there is more than a passing chance that might have been some hate involved, and the quantity of moonshine consumed would not be a mitigating factor.

        "I'll press your flesh, you dimwitted sumbitch! " -Pappy O'Daniel

        by jakewaters on Mon Nov 26, 2012 at 05:59:14 PM PST

        [ Parent ]

        •  I think you misunderstood me. (3+ / 0-)

          Remember, there is a difference between "some hate involved" and a Hate Crime, from a legal standpoint.  We can see that it looks like there was some hate involved, but whether a prosecutor can prove that in court is another thing.  

          As for the alcohol, it's probably a contributing factor, but definitely not a mitigating factor.  It can help explain what happened, but it can not excuse what happened.  

    •  You left out a part (7+ / 0-)

      Where the DA says "at this point in the investigation". Nothing that says the DA won't call it a hate crime at some point. But there's nothing to be gained by jumping to conclusions until they've done their investigation and gathered all the facts. Plenty of time to call it a hate crime down the road after doing that.

      "No children have ever meddled with the Republican Party and lived to tell about it." - Sideshow Bob

      by ThinkerT on Mon Nov 26, 2012 at 05:34:42 PM PST

      [ Parent ]

      •  Also, I imagine there will be many cases (0+ / 0-)

        where, even under the Shepard Act, incidents that are “clearly” hate crimes to you or me won't be charged that way simply because of a lack of admissible evidence. IANAL, but it seems like even if you've got character witnesses that say the perp hates fags, it might not be clear enough that a particular person was beaten or shot because the perp hates fags. And it has to be clear beyond reasonable doubt, too.

        Not to say this case doesn't seem clear enough to us. But I case understand if the DA is hesitant to play the hate crime card before he's sure he already has specific evidence besides the victim being gay, not just when it looks like it probably is. (Imagine if he has to drop hate crime charges after announcing them, because he doesn't think he can get a solid witness to make it stick? Very nasty PR.)

        Code Monkey like freedom / Code Monkey like peace and justice too
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        Formerly known as Jyrinx.

        by Code Monkey on Mon Nov 26, 2012 at 11:50:21 PM PST

        [ Parent ]

    •  Apparently in Alabama, GLBT individuals are (4+ / 0-)

      not covered in their hate crimes laws.

      Don't blame the DA.

      "The first drawback of anger is that it destroys your inner peace; the second is that it distorts your view of reality. If you come to understand that anger is really unhelpful, you can begin to distance yourself from anger." - The Dalai Lama

      by auron renouille on Mon Nov 26, 2012 at 09:19:55 PM PST

      [ Parent ]

    •  He may just be cautious (0+ / 0-)

      From a professional point of view, he should focus on the crime for which there is clear evidence, not make any assumptions, even obvious ones, and update the case as clear evidence emerges.    

      He many strongly suspect a hate crime, but he may not have sufficient evidence to make that claim as yet.

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