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Don't blame Cortez, says anti-bias group

July 14, 2001

by Aspen C. Emmett
Journal Staff Writer

Two members of a group that promotes acceptance of gays say that the killing of a 16-year-old Cortez boy clearly fits the definition of a hate crime, but they don’t believe Cortez is more prone to bias against gays than any place else.

When Cathy Renna of New York was flying into the Cortez airport Tuesday, she immediately fell in love with the landscape and after she landed she came to appreciate the community as well, she said.

As media director of the Gay and Lesbian Alliance Against Defamation, Renna spent extensive time in Laramie, Wyo., while details of the brutal murder of Matthew Shepard unfolded and revealed a crime motivated by hatred toward gays.

Now, in the wake of the murder of Fred Martinez, Renna is in Cortez to offer her knowledge and help to the victim’s family, law enforcement, media, and the community as they sort through what seemingly was also a hate crime motivated by Martinez’s sexual orientation.

Martinez, who was openly gay or transgendered, died June 16 from blunt trauma to the head. The man accused of the crime, 18-year-old Shaun Murphy of Farmington, reportedly had bragged to friends that he had "beat up a fag."

Renna said that although details of the Martinez murder are eerily reminiscent of the Shepard murder, the most striking similarity is the communities’ reaction to national perception.

"People are braced and they are paying close attention because they really do care about where they live," Renna said. "And as I’m experiencing it, it’s a great community. I could tell you the same story about Laramie. I think it’s a really common fear and it’s completely understandable."

Renna was quick to point out that hate crimes are a problem nationwide.

"It’s ridiculous to try and blame a town — blame the culture, because it’s a much bigger issue. That culture includes towns, big and small, around the country that need to teach people how to live together respectfully." she said.

The term "hate crime" is controversial, and local law-enforcement officers have carefully avoiding giving the Martinez murder the label. Criminal acts that are found to be hate crimes are punishable by harsher penalties.

Four Corners GLAAD member John Peters-Campbell of Cortez said that although Colorado has a hate-crime statute in regard to bias against a victim’s perceived race, religion or ethnicity, it does not include sexual orientation, gender or disability, as many statutes do in other states.

For the past five years, bills to extend protection to include sexual orientation and disability have been introduced in the state Legislature but failed to pass.

Nevertheless, Peters- Campbell said that does not mean Martinez’s murder wasn’t a hate crime.

"It simply means it wasn’t a hate crime in terms of specific statutes in the state of Colorado right now," he said. "There is such a thing as hate crimes defined in part by federal government."

Refering to literature from the International Association of Chiefs of Police, Peters-Campbell said a hate crime is "a criminal offense committed against a person, property or society that is motivated, in whole or in part, by the offender’s bias against the individual or groups based on race, religion, ethnicity, national origin, gender, age, disability or sexual orientation."

"In my opinion, given what information we have about conversations that went on that are reported in the (arrest) affidavit, this (Martinez’s murder) fits those criteria," Peters-Campbell said.

Labeling Martinez’s death a hate crime is a subjective decision, though, Peters-Campbell cautioned.

"Can we know Shaun’s mind? No. Only Shaun knows that," Peters-Campbell said. "We have a crime that does meet clear guidelines of a hate crime. At this point we’re saying it was probably a hate crime and I think that’s fair given the evidence we have."

At a press conference Wednesday, Cortez Police Chief Roy Lane stated, "I’ve never seen a homicide yet that wasn’t a hate crime."

However, Renna contended that not all crimes are hate crimes.

"Hate crimes are different because they are clearly perpetrated to send a message," she said, "not to just that one person but to the larger community, that an attack on someone like Fred Martinez is not simply an attack on Fred Martinez but an attack on who he was and what he represents to the person that’s attacking him.

"With hate crimes it’s about the motivation and intent of the person. The spirit behind the act is motivated by bias and is designed to send a message — whether it is a swastika on a synagogue or something as brutal and horrifying as what happens to people who come to a violent death because of hate.

"If I’m walking down the street and someone puts a gun to my head and takes my wallet, they’re not doing it because they hate me; they’re doing it because they want my wallet," Renna explained. "If in the process of that crime, I get called every epithet you can think of for being a lesbian and get violently beaten and then they take my wallet, it becomes a hate crime."

Defining Martinez’s sexual orientation has been a point of confusion for many people, she noted.

"It’s a challenge because in the final analysis, the only person who can do that is the individual," Renna said. "Fred was totally comfortable with who he was — he was Fred. I don’t think Fred needed a label for himself that was any one word or any one category.

"He lived in worlds where I think he identified as gay, he was in a world where he identified as transgendered. We all go through our own growth in identity and who we are. It’s difficult and challenging to try to put a label on someone who’s not around any more to ask."

Labeling, though problematic, is necessary for discussion, Renna said.

"It’s at times like these where we can talk about issues in a way that will resonate with people and make them think. This is not an abstract discussion; this is about a real person. Fred was a very complex young man who was transforming into his own identity."

Peters-Campbell agreed, saying discussions about Martinez’s sexual orientation are critical to bringing the community to a better understanding of who Martinez was and respecting him for his individuality. He refuted people’s arguments that Martinez’s sexuality should have been kept out of the spotlight, calling such statements "arrogant and presumptuous."

"It’s not as though Fred wasn’t clear about who he was or his family was not clear about who he was. Who do they think they’re protecting and from what? The family was very plain about who they knew Fred to be and who they believed Fred knew himself to be."

Peters-Campbell said FCGLAAD is not specifically geared towards adolescents and he wished his organization had been able to offer Martinez more help dealing with potential criticism and dangers.

Friends and teachers reported Martinez had been harassed at Montezuma-Cortez High School, forcing him to seek out alternative means of education. Martinez was taking classes through the Adult Education Center but there have been reports he struggled with criticism there as well.

Peters-Campbell said a friend once asked Martinez if it bothered him to be picked on because of his feminine appearance.

"Fred’s answer was, ‘I don’t care. It’s just who I am.’ Unfortunately, it turns out maybe he should have cared more," Campbell said.