Homosexuality Related Cases

(Includes Allegedly Related Cases)

 

Case Category

15 Cases

Main Menu

 

AL - Escambia - Dewayne Cunningham 1995

AZ - Pima - David Wayne Grannis 1989

CA - Los Angeles - Patricia Wright 1981

FL - Santa Rosa - Lance Fierke 2001

FL - Palm Beach - Paul William Scott 1978

IL - Cook - Kenneth Hansen 1955

IL - St. Clair - Rodney Woidtke 1989

KS - Shawnee - Joe Jones 1985

MA - Berkshire - Bernard Baran A1984

PA - Bucks - Frank Chester 1987

PA - William S. Green C1947

TX - Ector - James Harry Reyos 1982

TX - Harris - Calvin Burdine 1983

TX - Smith - Kerry Max Cook 1977

WI - Dane - Penny Brummer 1994

 


 

Location

Defendant(s)

Date of Alleged Crime

 

Escambia County, AL Dewayne Cunningham Aug 20, 1995 (Flomaton)
Dewayne Scott Cunningham was convicted of rape after the victim identified him while he was handcuffed in the back of a police car.  Such a “show-up” identification is considered less reliable than lineup or photo lineup identifications.  The victim gave a written statement that her assailant as "not tall," only a couple of inches taller than her own 5’4” frame.  Cunningham is 6’ tall.  The victim also estimated his age at between 30 and 40 years old; Cunningham was 26 at the time.  There is also a question of motive.  The victim was female, but Cunningham is an apparent homosexual.  He worked as a male prostitute and reports that he has a “husband” in prison.  Alabama does not allow for post-conviction DNA tests of crime evidence, and as of 2006, Cunningham has filed a federal lawsuit in Mobile to gain access to the evidence for such tests.  (Press-Register)  [3/07]

 

Pima County, AZ David Wayne Grannis Aug 24, 1989

Grannis was sentenced to death for murder of Richard Sutcliffe.  While hitchhiking, Grannis and a co-defendant, Daniel Ethan Webster, were given a ride by Sutcliffe.  Sutcliffe offered the men a place to stay.  At trial the state argued that Grannis and Webster killed Sutcliffe while robbing him and burglarizing his home.  Grannis testified that Sutcliffe sexually propositioned him and became aggressive with him.  Grannis ran out of the house and did not know that Sutcliffe was dead until he was arrested.  Grannis believed his screams must have awakened Webster, who killed Sutcliffe after he left.  A female friend of Webster testified that she overheard Webster bragging to her cousin about committing a murder.

During trial, the prosecution introduced photos depicting homosexual activity that were found in Grannis' room at the time of his arrest.  The Arizona Supreme Court overturned Grannis’ conviction in 1995.  It ruled that the photos were “marginally relevant” and that the trial court abused its discretion in admitting them.  The Court stated that the probative value of the photos was substantially outweighed by the danger of unfair prejudice.  At retrial in 1996, the charges against Grannis were dismissed because of insufficient evidence.  (DPIC)  [10/07]

 

Los Angeles County, CA Patricia Wright Sept 1981

Patricia Gordy Wright was convicted in 1999 of the 1981 murder of her ex-husband, Willie Jerome Scott. Jerome was found stabbed to death in his motor home while it was parked in a bad area in downtown Los Angeles. Jerome’s homosexual lifestyle led to the dissolution of the couple’s marriage. It also led him to some unsavory partners and placed him in some dangerous situations. No physical or forensic evidence connects Wright to the crime.

Prior to Wright’s arrest, there were three previous suspects in the case. Police were unable to locate Jerome’s gay-lover or the male prostitute he was last seen with. In 1995, Wright’s brother, Larry, who was angry at his sister, pointed a finger at her and at Larry Slaughter, a family friend.  Two years later, Wright was arrested based on her brother's statement.  However, after being taken before Judge Lance Ito, she was released for lack of evidence.  Two weeks later, she was again arrested and taken before a different judge.  The police claimed to have a taped statement from Slaughter in which he claimed he was hired by Wright to murder Jerome for $25,000.  Without hearing the tape, this judge decided there was sufficient evidence to hold her.  Wright's attorney later demanded to hear the tape, but police claimed the tape was lost.  Slaughter later claimed that police taped him giving them them a statement, but in the statement he told them he knew nothing about the murder and did not know what they were talking about.

At trial, Slaughter did not testify, but a detective gave hearsay testimony as to his incriminating statements against Wright that were supposedly on the "lost" tape.  Wright's brother, Larry, also testified and stated that he lied in his statement to police, that he knew nothing about Jerome's murder, and that Wright never made any admissions to him about it.  However, a detective gave testimony about being present when Larry gave his statement.

To establish a motive, the state presented the testimony of an insurance agent who “remembered” selling Wright life insurance on her husband some 20 years before. The testimony had to be videotaped, as the agent, then 83, was confined to a nursing facility because of his Alzheimer’s disease.  Wright's attorney had no opportunity to cross-examine the agent.  Since her conviction, Wright has gathered evidence that largely refutes the life insurance claim.  Besides her own wrongful conviction, Wright also believes that Slaughter was wrongly convicted at his separate trial.  (JD38 p3)  [3/08]

 

Santa Rosa County, FL Lance Fierke June 25, 2001
Fierke's cellmate at Santa Rosa Correctional Institution had raped him and had threatened to rape him again.  Fierke reported the incident and when he refused to go back to his cell for more, Officer Dean beat him.  (Angelfire)  [9/05]

 

Palm Beach County, FL Paul William Scott Dec 4, 1978
Scott was sentenced to death for the Boca Raton murder of James Alessi.  (FYI) (AngelFire) (Scott v. Dugger) [5/05]

 

Cook County, IL Kenneth Hansen Oct 17, 1955

Hansen was charged in 1994 with the famous unsolved murders of three 11 to 13 year old boys that occurred in 1955.  The victims were John and Tony Schuessler and their friend Robert Peterson.  They had traveled downtown to attend a matinee at a Loop theater and were found dead two days later in Robinson’s Woods, outside of Chicago.

Hansen was on his honeymoon in Texas at the time of the murders, but he found his 40-year-old alibi impossible to confirm.  Four witnesses claimed he confessed to them separately and alone in 1955, 1964, 1968, and 1976.  There was no other evidence.  Three witnesses were paid informants.  Hansen was convicted and sentenced to 200 to 300 years.

After the trial, the fourth witness admitted his testimony was fabricated.  None of the witnesses mentioned the confessions to anyone before 1993.  In addition, after the trial, a woman came forward and claimed her dead husband, Silas Jayne, confessed to her to performing the murders in 1956.  She left her husband the next day.  Other witnesses and some physical evidence corroborated her story.  Despite there being no evidence that the boys were molested, the trial judge allowed evidence of Hansen’s homosexuality and deviate lifestyle to be presented.  The 2002 retrial with new evidence and the widow witness also resulted in conviction.  (TruthInJustice)

 

St. Clair County, IL Rodney Woidtke June 19, 1988 (Belleville)
Woidtke was convicted of the rape and murder of Audrey Cardenas.  He suffered from mental illness and confessed to crime in part because he did not want police or anyone else to think he might be homosexual.  Woidtke was acquitted at a 2001 retrial.  The victim's mother, Billie Fowler, suspected from the start that the confession was false.  She said the retrial “had nothing to do with finding out the truth, finding out what happened to my daughter,” but rather was “all about making sure that they convinced the public that they didn’t make a mistake.  But, guess what?  They did make a mistake—and they got caught.”  (NL)  [1/06]

 

Shawnee County, KS Joe Jones Aug 24, 1985 (Topeka)
Jones was convicted of rape.  The victim identified another man as her rapist when presented with a photo array but identified Jones in person.  Jones and the victim were of different races and were at the same nightclub on the night of the attack.  The prosecution presented a pair of jeans found at Jones' house that were similar to those worn by the rapist.  An employee of a store testified that Jones was in the store at the time of the attack, and was wearing different clothing than the rapist allegedly wore.  Jones was barred from using his sexual orientation as a defense.  DNA tests exonerated Jones in 1992.  (IP007) (PDI)  [10/05]

 

Berkshire County, MA Bernard Baran Arrested 1984
Baran, a gay 19-year-old, was an aide at Pittsfield’s Early Childhood Development Center and was caught in the wave of false abuse allegations that swept the nation in the early 1980’s.  In 2006, he was granted a new trial.  (www.freebaran.org)  [3/05]

 

Bucks County, PA Frank Chester Dec 14, 1987 (Tullytown)

Frank Chester was convicted and sentenced to death for the murder of Anthony Milano.  Chester, 19, and a friend, Rick Laird were at a Tullytown bar where they met Milano.  Laird, Chester, and Milano then left the bar.  While on the way to a friend's house, Laird, drunk and strung out on drugs, lost his temper when Milano wanted to go home.  In a fit of rage, Laird dragged Milano to a nearby wooded area off of Rt. 13 and knifed him in the throat.  Milano was soon dead.  Chester says he saw the murder as it was happening and ran through the woods to a friend's house, shaken by what he witnessed.

After the murder, Chester cooperated with the police.  He produced the clothes he was wearing at the time (which had not one drop of Milano's blood on them), and gave the police the names of all his friends and the patrons in the bar.  He even submitted to a lie detector test, which he passed with flying colors.  Laird had a previous arrest history for violent behavior.

Milano was a gay man who was learning to accept his identity.  When the DA learned this fact, he used Milano's homosexuality as the cause of his death.  Laird and Chester were depicted as hate mongers.  The press picked up on the DA’s depiction and joined in portraying the two as evil gay bashers.  The fact that Milano just happened to be gay did not enter the picture.  Both Laird and Chester landed on death row.  Laird has exonerated Chester from any responsibility for the murder.  (Source)  [2/07]

 

Unknown County, PA William S. Green Convicted 1947
Green was convicted of murder in 1947 and sentenced to life imprisonment.  He was exonerated and released in 1957 after a key prosecution witness admitted that he did not see Green at the scene of the murder.  The witness said a homosexual, who had once been beaten up by Green after propositioning him, had paid him $100 to give false testimony.  (DH)  [7/07]

 

Ector County, TX James Harry Reyos Dec 21, 1981 (Odessa)

For reasons unknown, Reyos confessed in New Mexico to police that he had killed a Catholic priest, Father Patrick Ryan, during a homosexual tryst in a West Texas motel.  However, every other piece of testimony controverted his guilt.  Reyos had an airtight alibi:  He was 200 miles away when the priest was bludgeoned to death.  Reyos could prove his alibi with time-stamped receipts, a speeding ticket, and even an eyewitness.  Father Ryan was a much beloved priest, and Reyos' allegations that the father had repeatedly solicited young men for sex shocked and offended the jurors.  Reyos was convicted and sentenced to 38 years of imprisonment.  The state's attorney responding to Reyos' appeal made himself a timeline of the crime and realized that Reyos could not have committed the crime.  The attorney put in a pardon request but it was turned down.  Reyos was paroled in 2003.  (AJ) (Houston Chronicle)

 

Harris County, TX Calvin Burdine Apr 18, 1983
Burdine was convicted of murdering his gay lover, W.T. "Dub" Wise, at the trailer home the two shared in Houston.  Burdine allegedly was angry because Wise had asked him to prostitute himself to earn more money.  The federal Fifth Circuit Court of Appeals overturned Burdine's conviction because his lawyer, Joe Frank Cannon, was asleep during his trial.  The Court ruled that "sleeping counsel is equivalent to no counsel at all," a violation of Burdine's Sixth Amendment right to counsel.  Cannon slept as many as 10 times, for as long as 10 minutes, during Burdine's six-day trial.  Burdine was released in 2001 and his case came to a legal end in 2002 when the U.S. Supreme Court declined to hear Texas' appeal of the Fifth Circuit's ruling.  [10/05]

 

Smith County, TX

Kerry Max Cook

June 10, 1977 (Tyler)

Cook was sentenced to death for the murder of Linda Jo Edwards, a 21-year-old secretary.  Edwards was a college student who was having an affair with her married professor.  Cook was arrested in a club where he worked as a bartender.  The club was chiefly known as a gay bar, and police theorized that Cook was a degenerate homosexual who hated women.

Cook was convicted because:  (1) A single fingerprint found on the outside of a sliding glass door of Edward's apartment was identified as Cook's.  Cook had once been in Edwards’ apartment, but a fingerprint expert testified that it was 12 hours old at the time Edwards’ body was found, placing him in the apartment at the time of the murder.  This testimony went unquestioned.  (2) The victim's roommate testified that she had seen Cook in Edwards’ apartment, around the time of the murder.  (3) A jailhouse informant testified that he heard Cook confess to the crime.  At trial, the prosecutor branded Cook a "little pervert," telling the jury, "I wouldn't be surprised if he didn't eat [the victim's] body parts."  At sentencing, Dr. James Grigson, who had helped send more than 100 defendants to death row, testified that Cook had an antisocial personality disorder, virtually assuring that he would kill again.

Later all the trial evidence was discredited because:  (1) The fingerprint expert admitted that it is impossible to date a fingerprint. He said that prosecutors pressured him to give false testimony.  (2) It was learned that the victim's roommate had originally said she saw Edwards’ professor in her apartment rather than Cook.  (3) The jailhouse informant recanted his testimony that he heard Cook confess.

The state's highest court threw out Cook's conviction, ruling that the state's “illicit manipulation of the evidence permeated the entire investigation of the murder'' and that prosecutors had "gained a conviction based on fraud and ignored its own duty to seek the truth.”  Cook was freed in Nov. 1997, but only after pleading no contest to a time-served sentence.  Cook spent nearly 20 years in prison, most of them on death row.  After his release Cook married and had a son he named Kerry Justice, saying, “After 23 years, Justice has finally arrived.”

Cook has written a 2007 book about his ordeal entitled Chasing Justice.  The book notes that Cook was helped by Centurion Ministries, and that its founder went on a retreat to question his faith in God after attending one of Cook's trials.  One is hardly surprised, as the book is one of the most harrowing tales of corrupt prosecution ever written.  (CM) (NL) (TWM)  [10/05]

 

Dane County, WI Penny Brummer Mar 15, 1994 (Madison)
Brummer was convicted of murdering Sarah Gonstead, a female friend of her lesbian ex-lover.  The case against Brummer was built on conjecture and thin circumstantial evidence.  Brummer’s case is the subject of a book, Who Killed Sarah? by Sheila and Doug Berry.  (TruthInJustice)