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spacer Judge Joseph Murphy of the Maryland Court of Special Appeals released a transgendered woman from prison because she is close to death. The prisoner, Deirdre “Dee” Farmer, once was the claimant in a U.S. Supreme Court case about how trans prisoners and others who may be vulnerable to rape are treated behind bars.
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Trans inmate, who sued after ‘89 prison rape, released

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FEB. 25, 2005
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BALTIMORE (AP) — A transgendered inmate whose rape behind bars led to a new liability standard for prison officials has been sent home to die. Chief Judge Joseph F. Murphy Jr. of the Maryland Court of Special Appeals last week signed the order freeing Deirdre “Dee” Farmer from a state prison, saying the inmate — blind, bedridden and dying of AIDS — was no longer a threat to society. Farmer’s attorney, Nicholas A. Szokoly, called the sentence modification “a bittersweet victory” that would allow his 39-year-old client “to go home and die in dignity.” The former Douglas Farmer sued federal prison officials over a 1989 rape that occurred about a week after she arrived at a federal maximum-security prison for men in Terre Haute, Ind., from another federal prison. The lawsuit claimed the government violated Farmer’s constitutional right to be free of cruel and unusual punishment by ignoring the risk that a feminine-appearing inmate would be raped by other prisoners. The Supreme Court rejected Farmer’s argument that officials should have recognized the danger, and ruled that prison officials can be held liable for inmate-on-inmate assaults only if they knowingly disregarded an excessive risk of harm.

Texas teenager found guilty in assault, robbery of gay man
AUSTIN, Texas — A jury last week found a teenager guilty of assaulting and robbing a gay man, KXAN36 of Austin reported. The jury, however, could not reach a decision on a charge of sexual assault, the news station reported. Glen Gay, 17, met the victim at a gay bar, where he and his brother and two other men sought out a victim, prosecutors alleged, according to KXAN. The victim said he was sexually tortured, in addition to the assault and robbery, but the jury failed to agree on whether or not Gay was guilty of the alleged sexual torture, the news station reported. “The jury said it all. They came back with aggravated robbery and aggravated assault and they believed the victim’s account,” Travis County Assistant District Attorney Melissa Douma told KXAN. Sentencing of Gay, the first of four suspects to face trial, is set for March 11, the news station reported.

Condemned Ariz. man gets new hearing on appeal
SAN FRANCISCO (AP) — A condemned Arizona inmate won a reprieve last week when a federal appeals court set aside its original decision that the two-time killer should die. The San Francisco-based court announced in a two-sentence order it would rehear the appeal of Jeffrey Landrigan, and entertain claims that the judge who sentenced the Phoenix murderer did not understand Landrigan’s mental state. Three years ago, a three-judge panel of the 9th U.S. Circuit Court of Appeals said Landrigan should die despite claims his trial lawyer was ineffective for not putting on evidence of Landrigan’s alleged brain maladies. A new hearing, this time before 11 judges, was not scheduled, and the court did not comment on the case. Landrigan escaped from an Oklahoma prison in 1989, where he was serving a 20-year term for murdering an acquaintance.

Vt. man charged with littering for distributing anti-gay pamphlets
BRATTLEBORO, Vt. (AP) — A Connecticut man is facing civil littering charges after he allegedly distributed pamphlets that some consider to be anti-gay. Brattleboro police said they found Christopher Gearhart, 25, of Torrington, Conn., distributing the fliers around 2 p.m. Feb. 17. “Basically he was charged for littering because it’s not illegal to hand out pamphlets,” said Lt. Chuck Aleck of the Brattleboro Police Department, adding Gearhart was dropping the pamphlets on the sidewalk as well as the street. The pamphlet is titled “Is Homosexual Activity Normal?” and it includes a warning that its material is explicit and not appropriate for children. It was produced by a group affiliated with a newsletter called “The Truth At Last.” A mailing address on the pamphlet is in Marietta, Ga.

British lesbian gets prison time for attacking ex-partner
KNARESBOROUGH, U.K. — A judge called an attack “truly appalling” in sentencing a lesbian who set a vehicle afire after discovering her ex-girlfriend in bed with another woman, the Sun reported. Sarah Metcalfe, 46, was sentenced to five-and-a-half years in prison due to the incident, in which she found her ex-partner, Katie Wrigglesworth, having sex with Emma Shakeshaft, the tabloid reported. Metcalfe, who was intoxicated, poured gasoline on the couple’s car “to frighten them,” then set it on fire, according to The Sun. Wrigglesworth, 26, and Shakeshaft, 32, both suffered burns over 40 percent of their bodies and were lucky to survive the incident, Leeds Crown Court was told, the tabloid reported. Metcalfe, a resident of the North Yorks town of Knaresborough, admitted to arson in the case, the Sun reported.




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