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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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National

Trump administration sues California over trans student-athletes

Lawsuit claims state policy violates federal law on school sports

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Attorney General Pam Bondi and Education Secretary Linda McMahon (Screen capture via The Justice Department/YouTube)

President Donald Trump is making good on his threat to punish California officials for allowing transgender female student-athletes to compete with cisgender girls in school sports. 

On Wednesday, the U.S. Department of Justice announced it is suing the state’s Department of Education, claiming California’s policy to allow trans students to compete with other girls violates Title IX, the federal law that bans discrimination in education based on sex. The DOJ’s suit says California’s rules “are not only illegal and unfair but also demeaning, signaling to girls that their opportunities and achievements are secondary to accommodating boys.”

As the Washington Blade reported in June, this lawsuit follows a warning by the Trump administration to end the trans participation policy within 10 days or face referral to the DOJ as well as the loss of federal education funding.

And California may merely be the first to face legal action, according to U.S. Attorney General Pam Bondi, who warned that the 21 other states which permit trans girls to compete in female athletics could also face challenges by the federal government.

“If you do not comply, you’re next,” she said in a video posted on the DOJ website. “We will protect girls in girls sports.” Bondi was joined by Secretary of Education Linda McMahon. 

The DOJ suit named California’s Education Department and the California Interscholastic Federation, the governing body for high school sports. A spokesperson for the CIF told the Associated Press the organization would not comment on pending litigation.

A spokesperson for Democratic Gov. Gavin Newsom deferred to the CIF and the Department of Education in declining to comment on the lawsuit since the governor was not named a defendant. But Newsom’s office told the AP that the Trump administration’s attacks on its policies protecting transgender athletes are “a cynical attempt” to distract from the federal government’s withholding of funds for all students who benefit from after-school and summer programs.

Newsom, however, has come under criticism — most notably by the Human Rights Campaign — for remarks he made in March, that allowing transgender athletes to compete in women’s sports was “deeply unfair,” as the Blade reported. 

For more than a decade, California law has allowed students to participate in sex-segregated school programs, including on sports teams, and use bathrooms and other facilities that align with their gender identity.

But headlines about AB Hernandez, an out trans female high school student-athlete who won titles in the California track-and-field championships last month, drew condemnations from Assistant U.S. Attorney General Harmeet Dhillon, and President Trump himself. 

Following the meet, Dhillon wrote in a letter to the California Interscholastic Federation that it violated the Equal Protection Clause of the Constitution by allowing trans girls to compete against other female athletes.

As for the lawsuit, DOJ claims California’s policies “ignore undeniable biological differences between boys and girls, in favor of an amorphous ’gender identity.’”

“The results of these illegal policies are stark: girls are displaced from podiums, denied awards, and miss out on critical visibility for college scholarships and recognition,” the suit says.

Last week, the U.S. Supreme Court agreed to hear two cases challenging state bans on trans student-athletes, as the Blade reported. More than 20 states have limited trans girls from participating on girls sports teams, barred gender-affirming surgeries for minors and required parents to be notified if a child changes their pronouns at school. More than two dozen states have laws barring trans women and girls from participating in certain sports competitions. Challenges to some of those policies are still being decided by courts across the country. 

Back in February, the president signed an executive order that bans trans girls and women from participating in sports that match their gender identity, as the Blade reported.

Supporters of banning trans girls and women from competing include the conservative California Family Council, which has posted a petition online, arguing a ban would restore fairness in athletic competitions. Opponents like Equality California say bans are an attack on transgender youth.

“Local schools and athletic associations are the ones who should be handling these issues, and they are already creating policies that protect transgender youth and ensure a level playing field for all students. A federal ban that overrides those rules could require young girls to answer inappropriate personal questions or even be subjected to genital inspections by strangers if they want to participate in sports,” the organization said in a statement in February.

“The head of the NCAA, himself a former Republican Governor, recently told a U.S. Senate panel that he knew of less than 10 out transgender athletes among the 510,000 currently competing in college sports—less than .002 percent of all NCAA athletes.

“Studies confirm that participation in sports provides kids with invaluable life skills such as teamwork, leadership, discipline, and cooperation—fundamental lessons that every young person deserves the chance to experience. Beyond the field, sports also contribute significantly to students’ overall well-being, fostering better mental health, boosting academic performance, and enhancing self-esteem and confidence.”

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Federal Government

Treasury Department has a gay secretary but LGBTQ staff are under siege

Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

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U.S. Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency. 

Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination. 

“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”

The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”

At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.

But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs. 

Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts. 

“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees. 

“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”

Some ERGs die by formal edict, others by a thousand cuts 

Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”

“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”

One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”

The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.

Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.

“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”

Internal directories scrubbed, gender-neutral restrooms removed

Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”

With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”

Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.

Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.

“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”

LGBTQ staff lack support and work amid a climate of isolation 

The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).

“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”

In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.

“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”

Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”

“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”

The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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