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Matthew Shepard book creates uproar

Laramie sheriff calls writer’s claims about 1998 murder ‘conspiracy theory BS’

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Matthew Shepard, The Book of Matt, gay news, Washington Blade
Matthew Shepard, The Book of Matt, gay news, Washington Blade

A new book claims Matthew Shepard sold crystal meth and worked as an escort. His family said it won’t respond to ‘conspiracy theories.’

A newly published book that claims gay University of Wyoming student Matthew Shepard had a sexual relationship with his killer and his 1998 murder wasn’t a hate crime has triggered expressions of outrage by LGBT activists and fueled efforts by anti-gay groups to downplay the need for hate crimes laws.

“The Book of Matt: Hidden Truths About the Murder of Matthew Shepard,” written by gay journalist Stephen Jimenez and officially released on Tuesday, comes on the eve of the 15th anniversary of Shepard’s murder in Laramie, Wyo.

It also comes at a time when the “Laramie Project,” the internationally acclaimed play about the Shepard murder and its portrayal of the slaying as a hate crime, is about to open at the Ford’s Theater in Washington with a newly produced epilogue.

In addition, a documentary film called “Matt Shepard is a Friend of Mine,” directed by a filmmaker who was one of Shepard’s high school friends, is scheduled to premiere at the Washington National Cathedral on Oct. 4.

With the play and film exploring the Shepard murder as a hate crime that adversely impacted an entire community beyond the scope of an individual victim, the startling assertions made in Jimenez’s book have prompted at least one prominent gay commentator to reassess longstanding assumptions about the Shepard case.

“Events are more complicated than most politicians and activists want them to be,” said gay conservative commentator Andrew Sullivan. “No one should be afraid of the truth.”

Among the book’s claims is that Shepard, 21, knew and socialized with Aaron McKinney, also 21, one of two men convicted of his murder, at least a year before the crime. According to Jimenez’s stated findings in the book, Shepard and McKinney each used and sold crystal meth, both had been involved with an escort service in Denver and Laramie that arranged for them to have sex for money with men, they were seen at the same parties in Laramie, and the two occasionally had sex with each other.

Jimenez told the Blade he devoted more than 13 years of research and investigative reporting in preparation for his book, interviewing more than 100 people on the record, including a dozen people he identifies as friends of Shepard and more than a dozen friends of McKinney.

But some of the national LGBT advocacy groups have joined the Matthew Shepard Foundation, which was created by Shepard’s parents to combat anti-LGBT violence, in challenging the accuracy of the book and the credibility of its sources.

“Attempts now to rewrite the story of this hate crime appear to be based on untrustworthy sources, factual errors, rumors and innuendo rather than the actual evidence gathered by law enforcement and presented in a court of law,” a statement released by the Shepard Foundation says.

“We do not respond to innuendo, rumor or conspiracy theories,” the statement says. “Instead we remain committed to honoring Matthew’s memory, and refuse to be intimidated by those who seek to tarnish it.”

Albany County, Wyo., Sheriff David O’Malley, who served as Laramie police commander at the time of the murder, told the Blade on Tuesday that he believes the book “is full of lies” and described it as “conspiracy theory BS.”

Jimenez said he and others working with him have thoroughly and meticulously scrutinized and vetted the findings of his investigation, which he says included a careful reading of virtually all of the police and court records related to the case that initially had been sealed by a judge.

Laramie officials have said the records became available to the public in late 1999 shortly after the conclusion of the trial of McKinney, who was convicted of bludgeoning Shepard to death by repeatedly striking him in the head with the barrel of a .357 Magnum pistol while Shepard was tied to a fence at an isolated prairie just outside of town.

Co-defendant Russell Henderson confessed to having tied Shepard to the fence while accompanying McKinney on what he said began as a plan by McKinney to lure Shepard from a Laramie bar to rob him. Unlike McKinney, Henderson pleaded guilty to a murder charge rather than face a trial. Both men were sentenced to life in prison without the possibility of parole.

“I think the discovery of who Matthew Shepard was as a person and the complexity of who he was as a human being is really important,” Jimenez told the Blade.

“And so my reason for writing the book is to really say let’s understand what was really going on here,” he said. “If we’re serious about dealing with hate and violence in the culture, let’s understand what really happened here. What are the forces that came into play that created this grotesquely violent murder?”

Added Jimenez: “And certainly as I know now, the official story that these were two strangers that walked into a bar and targeted Matthew because he looked well-dressed and looked like he had money and appeared to be gay or that Matthew came on to them in the bar or that they lured him out of the bar because he was gay – those are simply not true.”

Jimenez was referring to the findings in the official police report that was based in part on a confession by McKinney to police at the time of his arrest three days after the murder. In his confession, McKinney said he and Henderson planned to rob Shepard, not to kill him. He said he lost control of his emotions and actions after Shepard allegedly groped him in the pickup truck that Henderson was driving after Shepard accepted McKinney’s invitation to drive him home from the Fireside bar on the night of Oct. 6, 1998.

McKinney’s lawyers, who attempted to invoke the so-called “gay panic” defense at McKinney’s trial, told the jury in his November 1999 closing argument that McKinney’s judgment was clouded that night by his consumption of alcohol and his use of and addiction to crystal meth amphetamine.

“Aaron McKinney is not a cold-blooded killer,” defense attorney Dion Custis said. “What happened is he hit him too many times” after the crystal meth consumption and Shepard’s alleged groping caused him to fly into an “uncontrollable rage.”

LGBT advocacy groups, noting that perpetrators of anti-gay hate crimes often use the gay panic defense as an alibi, said at the time that McKinney’s use of the gay panic defense confirmed their belief that McKinney’s motive was anti-gay hatred.

O’Malley said the police investigation found that McKinney had not been using crystal meth for several days and that investigators concluded that the murder “had nothing to do with drugs.” He said that the incident started as a robbery but investigators believe the brutality of the beating, in which McKinney crushed Shepard’s skull, involved a form of “overkill” that indicated the true motive was anti-gay animus.

Jimenez argues in his book that McKinney was suffering from the effects of his crystal meth use at the time of the attack but that some of his animus toward Shepard was based on alleged conflicts over a drug deal at a time when the two were working for rival drug suppliers. He bases this theory on information from both named and anonymous sources.

“It boggles the mind that this book flies in the face of all of the evidence related to the drug use,” said Cathy Renna, a former official with Gay & Lesbian Alliance Against Defamation (GLAAD), who attended the McKinney trial.

“Aaron McKinney has changed his story so many times it’s not even worth trying to keep count,” said Renna in referring to subsequent statements that McKinney has made to reporters in interviews from jail.

“But the one thing that Aaron McKinney has been clear about and has remained consistent to is that he didn’t know Matt beforehand.”

Renna and others questioning the reliability of Jimenez’s sources have cited a memo that ABC News correspondent Elizabeth Vargas mistakenly left at O’Malley’s residence in 2004, when she interviewed O’Malley, as confirmation that Jimenez reached his conclusions about the Shepard case before he began research for a controversial report on the ABC program 20/20. The memo, according to critics who have seen it, outlined the view the Shepard murder was not a hate crime along with some of the other revelations recounted in the Jimenez book.

Jimenez, however, told the Blade that the criticism is unfounded because his memo was based on more than two years of research that he already had conducted on the case long before he became involved in the 20/20 project.

He also disputes claims by critics that the 20/20 broadcast on the Shepard case in 2004 was based on unreliable sources.

“When I did the ABC News story every single note, every single interview transcript, everything we did was vetted by the top vice presidents and lawyers at ABC,” Jimenez said.

Concerning his book, Jimenez notes that the lead prosecutor in the Shepard murder case, Cal Rerucha, has stated on the record in his book that he agrees that the preponderance of evidence shows that drugs rather than anti-gay hate was the motive behind the murder of Matthew Shepard.

Regardless of whether the claims in Jimenez’s book are correct or not, some LGBT activists question the purpose of such a book, which they note has already been cited by right-wing anti-gay organizations to question the validity of hate crime legislation.

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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