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Mercado's killer identified, "homosexual panic" likely defense
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by Rhonda J Mangus | November 17, 2009 at 11:26 pm
1431 views | 50 Recommendations | 13 comments
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Mercado's killer identified, "homosexual panic" likely defense
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A suspect arrested in the murder of gay Puerto Rico teen George Steven Lopez Mercado has been identified as 26-year-old Juan Antonio Martinez Matos, a father of four who is likely to use "homosexual panic" as a defense for the brutal killing of Lopez Mercado.
On the night of his death, Mercado was allegedly propositioned by Martinez Matos who was cruising for sex in a "red light district". Martinez Matos decapitated, dismembered and burned Mercado before dumping his body on a roadside in Caguas, Puerto Rico.
Martinez Matos was “looking for women” in a red light district last Friday. He had already been turned down several times, but Lopez Mercado, wearing a blue dress and boots, agreed to get in his car.District Attorney Jose J. Bermudez says that in his confession, Martinez Matos said that he thought Lopez Mercado was a woman. The victim asked him for money and when he refused, Lopez Mercado pulled out a knife. When Martinez Matos realized that the teenager was actually male, he had a flashback to when he was raped in prison while he was serving a sentence for domestic violence. He then attacked Lopez Mercado, separating his arms from his torso.
Police found a wig, a knife, a burned mattress, a burned PVC pipe and blood on the wall where the murder took place.
The forensic evidence is being investigated by the FBI. Though they have not specified charges yet, the DA says that he is sure this qualifies as a hate crime.
Activists are calling for justice and for the media to focus on the suspect’s acts instead of the behavior of the victim.
Juan Costa Rivera, who knows Lopez Mercado's friends, says Martinez Matos will likely use a "homosexual panic" defense, arguing for a plea of temporary insanity.
Rivera says the police told media outlets that the suspect will likely use a “homosexual panic” defense, arguing for a plea of temporary insanity.
Is homosexual panic a legitimate defense? According to Kara S. Suffredini, author of Pride and Prejudice: The Homosexuality Panic Defense, it is not.
Gays experience a disturbing paradox in American society today: while the gay rights movement enjoys increased visibility, gay-bashing is perhaps the most common and most rapidly increasing of hate-related crimes. The Homosexual Panic Defense (HPD) is based on the homosexual panic disorder, a scientific and medical explanation of, and justification for, the behavior of defendants who murder gay individuals. However, while used to justify some of the most frequent and heinous of hate crimes, the HPD has no uniform definition across cases and bears only a tenuous connection to the psychiatric disorder that legitimizes it. This Note explores the disassociation between the disorder and the defense, and argues that the HPD is not actually based on the psychiatric disorder, but rather on social and institutional prejudice against gays. This Note concludes that the HPD’s use must, therefore, either be limited by the application of new evidentiary rules, using the rape-shield rules as a guide, or better yet, eliminated altogether.
Read the statements of The National Gay and Lesbian Task Force and Pedro Julio Serrano, Task Force Manager and founder of Puerto Rico Para Todas.
Previously on NowPublic by this Author:
Suspect arrested in murder of gay Puerto Rican teen
Gay teen decapitated, dismembered and burned in Puerto Rico
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Rhonda J Mangus
North Tonawanda, New York, United States
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Most RecentMost Recommended Comments (13)
at 02:52 on November 18th, 2009
I do not think that it can get much more gruel and gruesome then this.
at 03:56 on November 18th, 2009
Thanks for keeping us up to date on this story.
at 06:00 on November 18th, 2009
His "defense" might be easier to believe if he didn't butcher the poor boy...
at 06:24 on November 18th, 2009
there is no excuse for what this monster did
at 06:59 on November 18th, 2009
"Activists are calling for justice and for the media to focus on the suspect’s acts instead of the behavior of the victim."
No doubt that this is an inhuman act by one individual, as a sudden reaction against a threat from previous experience.
But...
... why are some other activists who want to focus on this suspect's act want everyone to have a look at the reason behind 'Major' Hasan's "god is great" act that snuffed out 13 human lives?
Sorry, if I asked a wrong question in wrong place.
.Agent.
at 10:20 on November 18th, 2009
Martinez Matos seems to have a violent history. It may well have been that whomever was unfortunate to have stepped inside his car that night would have been murdered. It looks like the female hookers knew he was dangerous. The poor kid didn't.
at 19:37 on November 18th, 2009
Thanks everyone for reading, commenting, and for the recommendations. There is no excuse for what Martinez Matos did to Mercado. Matos was clearly cruising in a district where (apparently) both female and female 'illusionists' were prostituting -- I don't believe that Matos was unaware of this fact. Too, he can say whatever he wants -- because there is here again, apparently, no one who witnessed the event. Consequently, no one (yet) to refute his statements.
I agree with Suffredini's analysis on "homosexual panic defense". It has been 'legitimatized'.
"HPD is not actually based on the psychiatric disorder, but rather on social and institutional prejudice against gays."
at 00:37 on November 19th, 2009
Mercado's killer is charged with murder, but not immediately charged with a hate crime.
Source: etaiwannews.com
at 00:40 on November 19th, 2009
"U.S. authorities said they were still considering whether to make it a hate crime case."
There clearly is a problem when U.S. authorities are still considering whether to make this case a 'hate crime' case, especially in light of the fact that even though Puerto Rico has had hate crimes legislation on the books, no crime has ever been prosecuted as such???
at 09:06 on November 19th, 2009
I think the dismembering indicates a hate aspect to the crime, surely. And Puerto Rico might get some enlightening from the FBI .
at 10:15 on November 19th, 2009
Well, being charged with murder is a start, but it should be a hate crime for sure I think.
at 02:24 on November 25th, 2009
I have a question - where are all the religious zealots when it comes to this man's crime against humanity? And what of this protection of the family? Here we have a father of four "cruising for sex" - where's the church's condemnation of this?
at 17:03 on December 11th, 2009
Lock him away. I don't believe the temporary insanity defense. It takes time to decapitate and cute off a persons arms. Do you know how hard it is ri rip the bones from their sockets or cut through the vertebrae? This took time, and this guy took the time to do it. Can't use the "family man" rationale because he was looking for prostitutes. Just put him away. Forever. That way in jail, least the other prisoners will fight back. Then we'll see if the "homosexual panic" is real. Poor George.. Gay bashing happens more than people realize, because gay people who are bashed usually don't want to be outed or made a spectacle of. Just as a plain homicide Juan should be imprisoned for life do to the violence of the crime.