Counsel for the Kentucky Equality Federation, Jill Hall Rose, has reviewed the court proceedings in the Jackson District Court involving Cheyenne Williams on behalf of the Federation. It has been determined that while the Federation respects the ruling of the Court, there may have been certain irregularities within the proceedings that should be reviewed to ensure that the victim was not treated differently due to her sexual orientation.
These irregularities include the following:
1. SUPPORTERS OF THE DEFENDANTS
During the preliminary hearing on April 29, 2010, 8-10 individuals supporting the Defendants, none of whom were witnesses, parties, court personnel or attorneys, were allowed to sit in the jury box in courtroom during the hearing to visually show support of the Defendants. These seats were directly in front of the Judge and separate from the public area of the courtroom. Further, these individuals were completely dressed in white as a sign of support for the Defendants. This dress was coordinated by the Defendants, and all of the Defendants’ supporters in the public area of the courtroom were similarly dressed in white. These 8-10 individuals were allowed to remain in the nonpublic area of the Court room instead of the area designated for the public. This is highly unusual and creates a perception of favoritism for the Defendants.
2. INVESTIGATION
It appears that the charges were not promptly and fully investigated by law enforcement. While the incident took place on 4/16/10, the officer who testified at the hearing stated that he had still not completed his investigation.
3. PRIVATE COMPLAINT
No officer would support the charges and therefore, Ms. Williams was required to bring the Complaint herself through a private complaint.
4. VICTIMS ADVOCATE
Jackson County does not have a victims advocate that serves the court system. While this is likely a funding issue, the Kentucky Equality Federation has had to fill that role for Miss Williams.
5. STATE HATE CRIME
At no point, has the prosecutor or court recognized that one of the charges upon which the Judge found probable cause, namely fourth degree assault, can be subject to the “hate crime” statute under KRS 532.031. Pursuant to this statute, the Judge may consider whether the offense the victim’s sexual orientation was primary factor in the commission of the crime in sentencing, including the denial of probation.
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Kentucky Equality Federation also received a voice-mail stating gay and lesbian people are not welcome in Kentucky at 1:08 PM on Fri, Apr 30 2010. The message was directed to our President and the Discrimination, Hate Crimes, and School Bullying Committee.
Click here to listen.
8 comments:
Fred Jones
You don't represent me or how I feel about LGBT community. If their is prove in this case of hate or discrimination due to cheyenne being gay, it needs brought to the table. We need to teach our children that all people are God's creation, all to be respected and loved. My message to Fred Jones is to get rid of your hiomophobia, seek treatment and allow people to love whom they desire. How does that bother you or threatens you in any way? We should all want others to be in love and happy with who they find an attraction too and decide to make a committment together. I mind my own business, let people make their own choices and don't worry about making righteous judgments about others. I support Cheyenne and if it takes the federation coming in here and reviwing the case then I SALUTE
Jackson County Corruption
You will never see justice in the Jackson County and I urge the Federation to bring in the FBI. Had the happened in another part of the commonwealth you may have had a shot a justice. Keep up the good work Mr. Palmer and all Federation members.
Well to begin with 2 of the 3 girls in this case were supposed to be holly rollers that go to church,so lets not be so quick to judge gays and lesbians, If Mr.Fred Jones had any kahoonas he would have left his real name.If i was a gambling person i would bet mr.fred jones is a sinner and he has had some gay moments in his life he need not judge anyone.Only god can judge who mad so called fred jones GOD..Get real no one is scared of you mr.fake name jones ..Im very glad that these people arent letting it lay and taking it all the way to fedral court if they have to ..Its is about time someone took a stand in jackson county ky and all the people making all the threats you can all stop its not going to help. There will always be gays and lesbians in the world and sinners like mr.fake name jones .If you dont like it look the other way ....Go Cheyenne and Jordan Palmer ......
I think we need to pray for all gay and lesbian people. Being homosexual is an abomination to God. However, sin is sin, and people should never forget the hole they were in when God saved them. We will all stand before a Just and Holy God one day to be judged, so where will you be? As disgusting as homosexuality is, it is still sin, so just pray for those people that they will wake up before it is too late.
I think we need to pray for all gay and lesbian people that they will realize it is wrong and will change their lives. Being a homosexual is an abomination to God and is not what He created human beings for. It is a sin (disgusting as it may be) and therefore, unless they're forgiven for that sin, cannot go to where our Heavenly Father is. So just pray for those people. One day we will all stand before a Just and Holy God and be judged. Where will you be?
Thank you for everything and Fred Jones needs to MOVE
Kentucky Equality Federation has a good attorney and I want to thank her for representing a victim and Kentucky Equality Federation for being such a good victims advocate. Fred we are here to stay so deal with it.
Fred Jones does not represent us in KY
Not sure who Fred Jones other than some backwards redneck. Gays and lesbians are already here in KY. If he doesn't like it he needs to just crawl back under the rock he came out of!!!
I am glad to know that there are measures going to be taken to ensure that Ms. Williams will be treated fairly. This will set a standard for future issues with the lgbt community.
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