The los Angeles Times is covering the trial (quite well) and started by summarizing prosecutor Maeve Fox's opening statement.
Fox, a veteran Ventura County prosecutor, led the jury through a 90-minute outline of the case, starting by flashing a large photograph of a cherubic-faced King on a projector. She next showed the defendant's booking photos, portraying a tall and muscular McInerney with shaved head, taken within hours of the killing.The defense attorney is Scott Wippert who has already been held in contempt by the judge for mentioning McInerney's statements to police that Los Angeles County Superior Court Judge Charles Campbell had previously ruled would not be heard by the jury.
McInerney was angry with King, she said, because King had decided he was no longer going to take the bullying that he had been subjected to for years. Slight and "very effeminate," King had only girls for friends and was shunned by the boys, Fox said.
But after King was removed from his home and placed into a children's shelter, he underwent a change in attitude, the prosecutor said. He became more confident in school and started wearing high-heeled boots, makeup and jewelry along with his uniform. School rules did not prohibit this.
King knew it was within his rights to assert a budding feminine identity, and he took full advantage, she said.
"Larry King for the first time in his life wasn't taking it anymore," Fox said. "He started to give people what I prefer to call the proverbial chin, only it was more profane."
Wippert's 30-minute opening statement focused on both of the boys' troubled backgrounds and on McInerney's inability to deal with the humiliation of having an openly gay boy flirt with him at school. In contrast to the district attorney's slide show presentation, Wippert simply stood before the jury and talked, occasionally consulting his notes.MadProfessah has been following this case very closely for years. Involuntary manslaughter would be a travesty of a result. I am a strong opponent of the death penalty and also do not approve of trying 14-year-olds as adults but since California passed Proposition 21 passed allowing the practice McInerney should be tried to the fullest extent of the law. There is no question McInerney executed Larry King (with a gun, no less!), and that the boy's sexual orientation and gender identity was involved in Mcinerney's decision to end Larry King's life.
McInerney reached an "emotional breaking point" and saw no other way to stop the sexual harassment by King, Wippert said. His own violent and dysfunctional family offered no help, and school officials had made it clear that King was permitted to flaunt his sexuality, even if it was disruptive, the defense attorney said.
He called the prosecution's allegation that McInerney was acting out of white supremacist beliefs a red herring. He said that the Nazi iconography and copies of Hitler's speeches found in the boy's room were related to his work on a World War II paper.
There was no hate crime, just the frustration of an adolescent with nowhere to turn, he told the jury. "Why would a student complain when everyone knows about it and no one is going to do anything about it?" he posited.
Wippert suggested that a psychologist will testify that McInerney was in a dissociative state at the time of the shooting, not in touch with the reality of what he was doing. He also told the jury there is evidence that King had been making inappropriate sexual comments at school since the fifth grade.
"He did shoot Larry King," Wippert said of his client. "He did this out of a heat of passion, and that is voluntary manslaughter."
