Lawyer blames school in shooting of gay Oxnard student

Phil McCarten / Associated Press
Students pass by a makeshift memorial honoring fifteen-year-old Lawrence King which lies beneath the flagpole at E.O. Green School Thursday, Feb. 14, 2008.
Attorney for youth facing arraignment on murder charges says officials failed to defuse tensions.
As 14-year-old Brandon McInerney prepares to be arraigned today in the slaying of 15-year-old Lawrence "Larry" King at E.O. Green Junior High School in Oxnard, his lawyer is advancing a defense that at least partly blames school officials for the tragedy.
FOR THE RECORD: A story in Thursday's California section about the legal defense of 14-year-old Brandon McInerney of Oxnard omitted the first name and title of Ventura County Dist. Atty. Gregory Totten.
Educators should have moved aggressively to quell rising tensions between the two boys, which began when King openly flirted with McInerney, said Deputy Public Defender William Quest.
Instead, administrators were so intent on nurturing King as he explored his sexuality, allowing him to come to school wearing feminine makeup and accessories, that they downplayed the turmoil that his behavior was causing on campus, Quest said.
On Feb. 12, McInerney shot King in the back of the head with a handgun as first-period classes were beginning, according to police. McInerney's inability to see another way to solve his problem is partly the fault of the school system, his attorney said.
"Brandon is not some crazed lunatic," Quest said. "This was a confluence of tragic events that could have been stopped. If there is partial blame in other places, let's not throw away Brandon for the rest of his life."
McInerney has been held in Juvenile Hall in lieu of $700,000 bail since the shooting. Ventura County prosecutors have announced their intent to try him as an adult. The teenager is scheduled to enter a plea at today's proceedings, but Quest said the arraignment may be postponed until the court decides on his motion to try him as a juvenile.
Under state law, juvenile offenders can be incarcerated until the age of 25 and then must be released. If he is convicted as an adult, McInerney would face 50 years to life, with an additional three years for a special hate-crime allegation.
"We think there will be evidence that the school, with the actions of Larry, didn't quite know how to deal with it," Quest said.
School Supt. Jerry Dannenberg strongly disagreed with such allegations. "School officials definitely were aware of what was going on, and they were dealing with it appropriately," Dannenberg said Wednesday. King was constitutionally entitled to wear makeup, earrings and high-heeled boots under long-established case law, Dannenberg said.
Totten said he was open to further discussion on trying McInerney as an adult. Prosecutors are looking at all of the evidence and are considering pleas from the community, as well as from McInerney's family and friends, he said.
catherine.saillant@
latimes.com
FOR THE RECORD: A story in Thursday's California section about the legal defense of 14-year-old Brandon McInerney of Oxnard omitted the first name and title of Ventura County Dist. Atty. Gregory Totten.
Instead, administrators were so intent on nurturing King as he explored his sexuality, allowing him to come to school wearing feminine makeup and accessories, that they downplayed the turmoil that his behavior was causing on campus, Quest said.
On Feb. 12, McInerney shot King in the back of the head with a handgun as first-period classes were beginning, according to police. McInerney's inability to see another way to solve his problem is partly the fault of the school system, his attorney said.
"Brandon is not some crazed lunatic," Quest said. "This was a confluence of tragic events that could have been stopped. If there is partial blame in other places, let's not throw away Brandon for the rest of his life."
McInerney has been held in Juvenile Hall in lieu of $700,000 bail since the shooting. Ventura County prosecutors have announced their intent to try him as an adult. The teenager is scheduled to enter a plea at today's proceedings, but Quest said the arraignment may be postponed until the court decides on his motion to try him as a juvenile.
Under state law, juvenile offenders can be incarcerated until the age of 25 and then must be released. If he is convicted as an adult, McInerney would face 50 years to life, with an additional three years for a special hate-crime allegation.
"We think there will be evidence that the school, with the actions of Larry, didn't quite know how to deal with it," Quest said.
School Supt. Jerry Dannenberg strongly disagreed with such allegations. "School officials definitely were aware of what was going on, and they were dealing with it appropriately," Dannenberg said Wednesday. King was constitutionally entitled to wear makeup, earrings and high-heeled boots under long-established case law, Dannenberg said.
Totten said he was open to further discussion on trying McInerney as an adult. Prosecutors are looking at all of the evidence and are considering pleas from the community, as well as from McInerney's family and friends, he said.
catherine.saillant@
latimes.com
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