Don't Lock Me Up, I'm Gay
By Keith Boykin, in sexuality
Tuesday, September 18 2007, 9:49AM
The murder trial of the defendants accused of killing Michael Sandy took a bizarre turn yesterday when one of the defendants argued that the charge could not be an anti-gay hate crime because he himself is gay. Anthony Fortunato, a 21-year-old suspect, announced to the court, through his lawyer yesterday, that he is a gay man. Fortunato's lawyer claimed that the defendant "was even looking forward to the possibility of a sexual hookup with the victim at Plumb Beach," according to defense attorney Gerald DiChiara.
"This man [Fortunato] has been tortured by a secret he's had for a long time," DiChiara said in his opening statement. "The stakes in this case are too high for him to keep this a secret any longer." The lawyer said Fortunato has been arranging sexual hookups with men through the Internet since he was 17, and investigators reportedly recovered a collection of "homoerotic images and messages" from his computer. But wait, there's more.
Not only is Fortunato gay, according to DiChiara, but the main prosecution witness, Gary Timmins, is also gay. Timmins has pleaded guilty to attempted robbery in exchange for his testimony. In fact, Fortunato planned to tell his friends of his sexual orientation on the night of the murder, the lawyer said.
Now for some context. I don't know if any of that is true or not, but I can't really see how it matters. Even if everyone involved in the murder was a part of some gay fraternity, that doesn't change the fact that they lured Michael Sandy, a black gay man, from his home in Williamsburg to a parking lot in Sheepshead Bay, attempted to rob him, chased him and ran him into traffic where he was struck by cars and killed. Then they rifled through his pockets and stole his money. The defendants are responsible for his murder, plain and simple.
Nor does it matter that the defendants might be gay in determining if the killing was a hate crime. Anyone who thinks that gay people cannot be homophobic or can't commit anti-gay crimes isn't too familiar with the concept of internalized homophobia. From Ed Shrock to Larry Craig (who is "not gay") to Mark Foley to Ted Haggard, it seems that closeted gay people can be some of the most self-hating individuals around.
Of course, everyone in the closet is not a potential criminal. And there are strong societal factors that contribute to the internalization of homophobia among closeted gay men and lesbians. But that is no excuse for targeting a gay man for a crime.
The defense will apparently argue that Fortunato could not have committed a hate crime because he is gay himself and wanted to have sex with the victim. That seems unlikely. Exactly what kind of "come on" line was he planning to use with Sandy after he stole all his money with a group of his "non-gay" friends? The argument itself is so ridiculous that it cannot be taken seriously.
Fortunato even bragged that he had ripped off gay men before. He's not exactly a model gay citizen. The day after the murder, Fortunato did not shed a tear for the death of a fellow gay man. Instead, he and another co-defendant looked at a newspaper article about the case and laughed, according to one of the participants who is testifying for the prosecution.
Now that Fortunato is in trouble, he's willing to play the "gay card" to save his butt. But if he were any kind of self-respecting gay man (in or out of the closet), then he wouldn't have tried to rob Michael Sandy in the first place. I hope the gay community doesn't fall for the same trick that O.J. used to pimp the black community when he was on trial for murder. Gay or not, the men who killed Michael Sandy belong in prison.
Comments conceal
Billy
September 18 2007, 10:22AM
Wow!! Thanks for the update and I agree that was done in pure intent to kill. They can take their ass to prison and get all the sex hookups they want.
Fred
September 18 2007, 10:27AM
Unbelievable. From a closeted teen to now a prison bitch. How sad!!!!!
Liquid Fonts
September 18 2007, 10:27AM
Sounds like he's trying to play off the fact that society generally doesn't bother to split hairs between the attitudes and beliefs of openly gay men and men on the down low. To someone who isn't gay/bi/dl etc..it may be all just about gay sex
Obviously many if not most openly gay men are not limited to homosexual sex alone when defining their sexual orientation(love, commitment) whereas DL men tend to be all about the sex and clearly view being gay as inferior social status.
Its not hard to see that a man on the "DL" could indeed commit a HATE CRIME against someone who's Openly gay and then "come out" when it's serves him to do so.
MidwestGuy
September 18 2007, 10:32AM
WHOA! This is more than a bit bizarre. It does raise an interesting question regarding hate crimes.
If one of the victims is gay himself, can he really be prosecuted for a hate crime? Can he?
If a black person kills another black person, can he/she be prosecuted under the hate crime statue.
That's very murky water to tread.
reality_check
September 18 2007, 10:33AM
Can someone help me out here..? I have been under the impression that the defendants killed this guy...but they were attempting to rob him; he fled and was struck by a car? So the defendants didnt actually kill him? Are they being charged with murder or robbery?
Derrick from Philly
September 18 2007, 11:03AM
I still have trouble deciding when an act of violence is considered a "hate crime". When someone pulled a knife on me and said, "Gimme' your money, faggot." Sure he hated me, but robbery was his motivating factor, not a violent statement against gay people (or possibly both). When someone threw a bottle across the street yelling, "faggot!"--well, that's definitely a hate crime, the motivating factor behind the act is hate. Just like when an interracial violent robbery occurs: is the motivating factor racial hatred, or robbing someone who happens to be of a different race? I'm not alone, there are many who believe that hate-crime laws are necessary, but want to be very careful about when they are used. It does not mean we don't want the criminal punished, we just want the law used correctly--with real meaning behind it, not just political pressure.
Ben
September 18 2007, 11:08AM
If the jury believes this crap...I have some beach houses in Montana for sale real cheap.
Kyon Saucier
September 18 2007, 11:36AM
Please cut da shit!? Oh so they're massicis now? LOL! Pleeze. I could give a crap about their sexuality. Closeted gay men who do crap like this should be treated as heteros under tha law if that's the case first of all. Secondly any gay people who commit murder are criminals and they still go to jail for muder. Third and foremost uhmmm aren't they all White men who ganged up upon, robbed, beat and murdereed a Black man not just because he was gay but also because he was black and they figured that those 2 factors together would mean that no one would give a fuck about his death? I think so which in my mind still makes this a hate crime.
Remember folkz some people will say and do anything to stay out of prison and that's the only thing REAL about this new development.
Bob Zuley
September 18 2007, 11:42AM
The murderers defense may/may not be true that he is actually gay. It is immaterial - gay men can be murderers, too. But what this does help accomplish is undermine the irrational & irresponsible demand that these criminal offenses against a politically-determined protected class of victim be prosecuted as "Hate Crimes." Hate Crime laws are symbolic & meaningless distractions from actual criminal charges.
Blue
September 18 2007, 11:56AM
I'm not surprised to hear this at all ... I had a feeling one of them would go there eventually. Derrick is right ... hate crime territory can be a bit murky and has to be used carefully to ensure that it's applied correctly and that future cases that warrant the label do in fact get it. But in this case his sexuality is a non-issue - they are monsters and definitely need to be punished.
Liquid Fonts
September 18 2007, 12:07PM
Bias (hate) Crime—
A criminal offense committed against a person or property which is motivated,
in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation,
or ethnicity/national origin; also known as Hate Crime.
MidwestGuy
September 18 2007, 12:18PM
Bob, nice try. But, if you had a white friend who was gang-raped, beaten, tortured, and eventually killed, all while his attackers were screaming "THIS IS WHAT WE DO TO COCK-SUCKING, SLAVE-OWNING, WHITE MOTHERFUCKERS LIKE YOU"
You can replace white with gay in the above.
If a court heard such evidence, even they would probably think HATE CRIME, as irrational/irresponsible/meaningless/distracting it may be to the actual charges.
We don't have to like all laws. I certainly don't. But some are in place for a reason.
bubba
September 18 2007, 12:55PM
This is a good example of why hate crime status is ridiculous. However you classify it as an act of hate, or selfishness, or greed, the perpetrators should be under a jail anyway. An empty gesture that throws a few extra years onto a sentence doesn't make criminals more remorseful and aware of how hurtful their actions were. I sure don't feel safer because of it.
Doug Cooper-Spencer
September 18 2007, 1:07PM
The defense is just trying to mix things up in order to confuse the jury. Unfortunately there are those who will fall for that excuse. Hopefully the prosecution will know enough about the disorder known as cognitive dissonance to refute them.
It's sad, but that kind of crap is exactly why we need to continually make our wonderful gay selves known, so using such ignorant assertions like that won't hold water.
LaRufus
September 18 2007, 1:13PM
Sorry boo, gay for pay does not make you gay and thus more sympathetic. He has that look that those who like to pay for it like, but, I hope a real time jury does not fall for this bald face lie.
And, just what does his alleged sexuality have to do with murder? Gay folks can kill just as easy as straight ones and need to be punished.
NYC324
September 18 2007, 2:35PM
WOW!
We've come along way.
Now being gay can be a defense strategy.
Amazing.
Suga Hillz
September 18 2007, 2:40PM
I guess this dude's defense lawyers said hey if that nigga OJ can get off so can this lil' white boy! Regardless, it's still a hate crime and a robbery. They met him with intentions or robbing him and scaring him - whether sex was involved in their intentions or not they should still be found guilty on all counts. Not only are they masochists, but sadists as well if they are gay!
Suga Hillz
Mel Smith
September 18 2007, 4:36PM
I agree. They should be treated like heterosexuals.
MidwestGuy
September 18 2007, 5:04PM
Regardless of how ridiculous this "new" information about the accused may be, are we really suggesting that a gay person killing a gay person is a hate crime.
Agreed, it's as low as you can go. But, it's an arguable defense against hate crime prosecution.
Yes, gays can be murders. So can blacks. Psychology of supressed homosexuality or cognitive dissonance aside, I've never heard a case where a black person has been accused of a hate crime for killing another black person.
Psychology would suggest that there is something wrong with people who specifically chose as targets, those who look a certain way--like them.
cmoney
September 18 2007, 5:30PM
If he's gay, lets see his ass take a pounding from a porn star like Bobby Blake. I want some real evidence of his gay-ness! How far is he willing to go to prove that he is in fact gay? If the dick fits, you must acquit!
J
September 18 2007, 6:17PM
As others have said this is great news. When he's locked up he'll make lots of new friends. Doesn't OJ love pooning lil white girls like Miss Fortunato? I bet Mr. Simpson can't wait to cuddle up next to him and see what those rosy little lips can do.
Sandy and his family deserve justice, but really trash like Miss Fortunato will die in jail or be murked regardless.
Ostend Street
September 18 2007, 6:29PM
One Statement: "Stone the whores!"
Karmatic
September 18 2007, 9:08PM
LMAO@ Cmoney's comment....
I want to see the evidence of gayness too...lol
MuscledOperaLover
September 18 2007, 9:37PM
Oh please! Michael Sandy and his cohorts are a bunch of prejudiced criminals who deserve whatever they get!
sandy
September 18 2007, 10:12PM
OK, the boy is gay and Michael Sandy is still dead. I hope this Fortunato is jailed for the rest of his life.
brohemian![[TypeKey Profile Page]](http://www.keithboykin.com/blog2/nav-commenters.gif)
September 18 2007, 11:45PM
LOL! cmoney, i don't know how many of us bonafide bgms would pass the bobby blake test!
ridiculous jury pandering. shame.
algie
September 19 2007, 12:40AM
whatever he says he is sexually you still have to reap what you sowe buddy
Chocolatebear
September 19 2007, 2:27AM
THE BOTTOM LINE IS THIS SINCE HE IS GAY (CLOSETED). LET HIM DO HIS TIME BEHIND BARS AND THEN HE'LL BE READY TO COME OUT TO THE WORLD AFTER HIS SENTENCE HAS BEEN SERVED. WHERE ELSE CAN YOU GET GAY SEX AND BECOME A PRO-BOTTOM BUT BEHIND BARS. SO LOCK HIS ASS UP AND HE WON'T BE TORMENTED ANYMORE.
Ron Lee
September 19 2007, 3:01AM
This case should be national news and I wonder why it isn't? Also I'm suprized no one asked whether or not the hate crime charge would be a lesser charge as in the Carolina kidnapping case. Also,I challenge all you guys to go to starjones site and hit her up with a comment about this case maybe we can help her spolight this case. P.S. tell all your friends to hit star-up.PEACE.
nhlanhla
September 19 2007, 6:36AM
I think this might be the one time I would welcome the jury turning homophobic on Fortunato and actually jail him just because they hate young gays like him. lol.
don't ever quote me.
alicia banks
September 20 2007, 5:35PM
all rabid homicidal gaybashers are gay...
and gay men are incarcerated daily
so
this cowardly thug needs to stop whining and assume the caged position...
peace
ab
Robert
September 21 2007, 10:00PM
The killers are NOT gay. This is just a ploy by the defense to get their punishment reduced.
Tony
October 3 2007, 11:26PM
This is another example of the hurt that closeted gays can perpetrate on the gay community!
Michael Jones
October 20 2007, 1:35PM
I was involved in a similar incident during a 1991 murder trial in Queens NY. In 1990, three men lured Julio Rivera into a schoolyard and beat and stabbed him to death. I'd known one of the guys (and toted a crush on him) since my high school years...By '90/'91 I was already in college and had known little of the incident. In any case, EB (the guy) had called me one day, quite out of the blue...the long-short of it: we drank, laughed, puffed and ended up in bed together. It was messy, awkward and quite regrettable. I'd known very little of his murder charge, and was just reeling that I had finally bagged the very straight EB after all these years. Some days later I received a call from his lawyer, who invited me to have a more professional chat concerning my EB conquest. I consented and was asked if I would take the stand in EB's defense. It seems the conquest was EB's, eh? I never took the stand. Years later I received a letter from EB, in jail, saying that the sex was not a ploy. I don't know & never will.
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