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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

Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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U.S. Military/Pentagon

Federal appeals court rules White House illegally banned trans troops

Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS

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The Pentagon (Photo by icholakov/Bigstock)

A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.

The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.

The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”

The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.

Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.

The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.

Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.

Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.

Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.

“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.

The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.

While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.

“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”

He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.

“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Levi characterized the policy as overtly cruel and legally indefensible to the Blade.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”

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