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Parole denied for man who murdered gay sailor in 1992

Commission receives more than 100 messages opposing release of killer

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Terry M. Helvey pleaded guilty to the 1992 murder of gay Navy sailor Allen Schindler.

A five-member U.S. Parole Commission voted 4-1 on March 7 to deny parole to a former U.S. Navy sailor sentenced to life in prison for the 1992 anti-gay murder of fellow U.S. Navy sailor Allen Schindler while the two were stationed in Japan.

The decision by the Parole Commission, which is an arm of the U.S. Department of Justice, came 18 days after a Feb. 17 hearing in which one of its members issued a recommendation that former Navy Airman Apprentice Terry M. Helvey be approved for parole and released from prison Oct. 26, 2022.

Schindler’s surviving mother, sister, and niece, who strongly opposed parole for Helvey, noted that the one commission member’s recommendation for parole marked the first time such a recommendation had been made in the 29 years since Helvey pleaded guilty to the murder in exchange for an offer by military prosecutors not to seek the death penalty.

After becoming alarmed that the commission might approve parole, for which Helvey has applied and for which he has been denied nearly every two years for the past 20 years, the Schindler family members immediately reached out to the LGBTQ community and others asking people to send email messages and letters to the Parole Commission opposing parole for Helvey.

Kathy Eickhoff, Schindler’s sister, told the Washington Blade that a Parole Commission staff member informed her that the commission received at least 110 email messages and over 30 phone calls from members of the community expressing strong opposition to parole for Terry Helvey.

In response to a request by the Blade for the reason why the Parole Commission denied parole for Helvey at this time, Nicole Navas Oxman, a commission spokesperson, said the “USPC found that one of the criteria to deny parole at 18 U.S.C. Section 4206 (d) applied to his case.”

Navas Oxman was referring to a section of the federal law that sets criteria for eligibility for parole for people serving in federal prisons. The section to which she referred says prisoners serving a term of more than 45 years, including a life term, become eligible for parole after serving 30 years.

But the section also states, “Provided, however, that the Commission shall not release such prisoner if it determines that he has seriously or frequently violated institution rules and regulations or that there is a reasonable probability that he will commit any Federal, State, or local crime.”

Navas Oxman did not say which of the two disqualifying criteria the Parole Commission invoked to deny parole for Helvey. But Eickhoff, Schindler’s sister, has said that Helvey has cited his good behavior and involvement in prisoner education and mentoring programs as reasons why he should be approved for parole. That would suggest that the Parole Commission denied parole for Helvey because it believes there’s a “reasonable probability” that Helvey could commit a crime if he’s released.

When asked if the large number of email messages and phone calls from members of the community opposing parole for Helvey played a role in the commission’s decision, Navas Oxman said only, “The commission made its decision after reviewing all of the information in his case file.”

At the time of the murder, Naval investigators disclosed that Helvey and another one of Schindler’s shipmates, Airman Charles Vins, attacked Schindler on Oct. 27, 1992, in a men’s bathroom at a public park in Sasebo, Japan near where their ship, the U.S. Bellow Wood, was docked.

According to a Naval investigative report, a witness saw Helvey repeatedly stomp on Schindler’s head and body inside the bathroom. An autopsy later found Schindler’s head and face were crushed beyond recognition, requiring that his body be identified by a known tattoo on his arm.

The attack and murder took place after Schindler, 22, had been subjected to harassment and threats of violence on board the ship when rumors surfaced on the ship that Schindler was gay, and the ship’s captain ignored Schindler’s request for protection, according to information that surfaced after the murder.

One of the Naval investigators presented evidence that Helvey admitted to disliking Schindler when Helvey was interrogated shortly after his arrest. “He said he hated homosexuals,” the investigator said in a report, quoting Helvey as saying, “I don’t regret it. I would do it again…He deserved it.”

Helvey was sentenced to life in prison after he accepted the offer to plead guilty with prosecutors saying they would not seek the death penalty, which could have been pursued under military law.

Vins, the other sailor implicated in Schindler’s murder, argued through his lawyer that he was an accomplice to the murder but did not physically assault Schindler. He pleaded guilty to three lesser charges, including failure to report a serious crime, as part of a separate plea bargain offered by prosecutors. He was sentenced to one year in prison and was released after serving 78 days.

Eickhoff, Schindler’s sister, said she, her daughter, Cheryl Lagunas, who was 7 years old when her beloved uncle was murdered, and their mother, Dorothy Clausen, have been going through a parole hearing ritual every two years for nearly the past 20 years by submitting testimony and often attending the parole hearings for Helvey to express their opposition to the parole.

The most recent hearing on Feb. 17, in which one of the Parole Commission members recommended parole, was held at the Federal Correctional Institution in Greenville, Ill., where Helvey is currently being held as an inmate.

“I just want to thank everyone who wrote a letter for my Uncle Allen,” Cheryl Lagunas stated in a March 7 Facebook posting. “I am so happy to share that today Terry Helvey was DENIED PAROLE…I am overjoyed and so appreciative of all of you,” she continued.

“Terry Helvey will have another parole hearing in 2 years, 2024. So, I’m hoping to count on you guys again, for this unfortunately [is] never over,” she wrote. “All my love to you guys xoxo – Cheryl.” Next to her name, Cheryl Lagunas added a drawing of a hamburger wrapped inside a bun with cheese on it.

“The cheeseburger after her name is because Allen called her his little cheeseburger,” her mother told the Blade.

Longtime gay activist Michael Petrelis of San Francisco has been credited with leading efforts to pressure the Navy into releasing information about the Schindler murder, the anti-gay threats that Schindler faced on his ship and calls for the Navy to officially confirm that the motive of the killing was anti-gay hatred that activists say the Navy withheld at the time of the murder.

Much of the information that observers believe the Navy withheld from the public was confirmed in a 900-page Naval investigative report that Petrelis released in 2015 after he obtained it through a Freedom of Information Act request.

“The brutal death of Allen Schindler for daring to live authentically as a gay member of the U.S. Navy before the ban on LGBT people was lifted, at the hands of Terry Helvey, who pleaded guilty to the murder, demands that for justice to be served he remain incarcerated,” Petrelis said in a statement.

“It would have been an outrage if the U.S. Parole Commission granted him release around the date 30-years ago when Schindler was killed out of hatred,” Petrelis said. “My thoughts are with Allen’s mother Dorothy, sister Kathy and their family.”

Eickhoff said that during his Feb. 17 parole hearing, Helvey, who is now 50 years old, expressed remorse as he has in previous parole hearings for what he did 29 years ago and claimed he is a different person.

She said the parole commission member who conducted the hearing stated that 30 years of incarceration in a federal prison, which Helvey will have completed on Oct. 26 of this year, when the commission member recommended he be approved for parole, sometimes becomes a threshold for when a prisoner becomes eligible for parole under federal law.

Noting that she and her family will once again go through the process of opposing parole for Helvey in 2024, Eickhoff added, “Twenty-nine years ago, we thought that was it” when Helvey was sentenced to life in prison. “But no, that’s not what happened.”

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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 Forrest 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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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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