Mayor signs exec order to eliminate prison rape
Mayor Michael Nutter signed an executive order Dec. 21 related to the Prison Rape Elimination Act, a federal law that was passed in 2003. Nutter signed a local law that dictates how Philadelphia should comply with the law and establishes a “zero-tolerance” policy for sexual assault in city prisons.
GALAEI: A Queer Latin@ Social Justice Organization has taken the reigns in working with local prison officials. Elicia Gonzales, executive director of GALAEI, said members of the Trans-Health Information Project, called TIP, first met with prison officials over a year ago.
“People in higher-up positions were confused about why TIP even wanted to go into the prisons,” Gonzales said. “They said they only had two transgender inmates, which we knew wasn’t the case. How they’re even classifying folks as transgender is problematic.”
Gonzales said GALAEI has talked with prison officials about hosting regular trainings. Naiymah Sanchez, TIP coordinator, would train them on how to treat transgender people and eliminate prison rape.
At a panel discussion in November at Juntos, a Latino human-rights organization, Sanchez said she heard from a sergeant that when gay or transgender inmates claim they have been raped, prison officials assume they are merely causing a scene for attention. She was frustrated with that assumption, especially as someone who spent time in prison and was raped.
“To hear them want to implement a change is awesome,” Sanchez said after attending the executive-order signing in City Hall. “I like to have conversations with officials about how important it is that we provide services to individuals who identify as transgender. We can help them be more trans-sensitive — and not just the wardens, but the correctional officers and all levels of officials.”
Attic awarded second grant this month
The Attic Youth Center received $10,000 this week for its Bryson Institute, an initiative that trains other organizations on how to create a positive environment for LGBT youth.
The grant, announced Dec. 18, came from YOUTHadelphia, a committee of Philadelphia Foundation’s Fund for Children. Thirteen teens from city public and private schools chose five nonprofits to award out of 28 applicants.
The Attic was the only organization that caters specifically to LGBT youth.
“Early on in our history, we recognized we needed to create safe spaces where young people live, work and play,” said Dr. Carrie Jacobs, The Attic executive director. “We have a lot of exciting work ahead of us.”
The Bryson Institute was started in 2000 in response to the murder of gay college student Matthew Shepard. The YOUTHadelphia grant will support youth interns called “The Justice League” and panelists for training events.
“We’re having an amazing year,” Jacobs said.
Two weeks ago, The Attic was awarded a $50,000 grant from the Barra Foundation that will go toward workforce-development and family-therapy programs.
Jacobs said The Attic has more work with families planned in the new year. The organization recently hosted a family evening, which Jacobs said was a positive experience for young people and their caretakers to foster communication.
Tickets available for local HRC event
The Human Rights Campaign of Greater Philadelphia has early-bird tickets available for its 2016 gala, set for Feb. 27. They cost $175 and can be purchased through Dec. 31.
In 2016, tickets will cost between $200-$225.
The 20th-anniversary event will take place in the Grand Ballroom of the Philadelphia Marriot Hotel, 1201 Market St. There will be a black-tie-optional dinner and a silent auction.
One-year general membership is included with the purchase of a ticket to any HRC Dinner.
For more information or to purchase tickets, visit www.hrcphillydinner.com.
— Paige Cooperstein
Magistrate judge gets Shephard case
U.S. Magistrate Judge Richard A. Lloret has been assigned to review the appeal of William F. Smithson, who’s convicted of strangling to death coworker Jason Shephard during a sexual encounter.
Lloret will review the case and recommend whether Smithson should receive a new trial. Smithson contends that numerous errors took place during his 2008 trial.
After Lloret completes his report, U.S. District Judge C. Darnell Jones 2d will decide whether a new trial is warranted.
In 2008, Smithson was sentenced to life in prison without parole for the strangulation death of Shephard. Prosecutors say Smithson invited Shephard to his Delaware County home, where he allegedly strangled Shephard during the course of trying to rape him.
Smithson denies the allegations. He maintains that F. Bruce Covington, who was also inside Smithson’s home when Shephard died, wasn’t properly investigated.
Covington was convicted of drug-related offenses relating to the incident, but prosecutors say he didn’t kill Shephard.
In April, the state Supreme Court denied Smithson’s request for a new trial, clearing the way for the case to be reviewed in federal court.
Advocates for Smithson — who is openly gay — say there’s no direct evidence linking Smithson to Shephard’s murder. They also say homophobia played a significant role in Smithson’s prosecution.
Smithson, 50, remains incarcerated at a state prison in Huntingdon.
Prosecutor William R. Toal 3d declined to comment for this story.
PGN seeks town’s legal fees
Last week, PGN filed an open-records request for the amount of legal fees incurred by township officials in Berlin, N.J., while trying to limit the hours of operation of a gay-oriented adult bookstore.
At presstime, the paper’s request remained pending.
On Dec. 14, township officials unanimously adopted an ordinance closing Red Bank Bookstore between midnight and 9 a.m. Monday-Saturday, and all day Sunday.
Red Barn, located on Route 73, caters largely to gay and bisexual men. It features same-sex videos in a theater and video arcade.
The ordinance also seeks to limit the hours of operation of Berlin News Agency, an adult bookstore that caters to the non-LGBT community.
Since 1996, township officials have tried to limit the stores’ hours of operations, but their efforts recently were rejected by a state judge.
Thomas Sherwood, owner of Red Barn, claims homophobia is a motivating factor behind the ordinance. He vowed to fight the measure in court.
Cathy Underwood, the township’s open-records officer, told PGN she’ll process the open-records request, and a response will be provided in accordance with New Jersey’s Open Public Records Act.
Gay man files notice in appeals court
An attorney for Luis A. Berrios 3d, who alleges anti-LGBT brutality by Philadelphia police, recently notified the Third Circuit Court of Appeals that a review of Berrios’ case may be necessary.
Attorney Rania Major filed the notice Dec. 3.
Last month, an all-white federal jury cleared Officers Michael Gentile and Robert Tavarez of any wrongdoing when responding to a domestic dispute at Berrios’ residence.
But Berrios contends that numerous errors occurred during the jury trial.
Berrios’ request for a new trial is pending before U.S. Magistrate Judge Lynne A. Sitarski, but it’s unclear whether she’ll grant the request.
Berrios claims the city violated his Fourth-Amendment right to be free of excessive force, noting that his right arm is permanently damaged due to the incident.
The incident occurred five years ago, in the Hunting Park section of the city.
Michael R. Miller, an attorney for the city, declined to comment for this update.
Kane’s sister involved in email scandal
According to published reports, Chief Deputy Attorney General Ellen Granahan, the twin sister of Attorney General Kathleen G. Kane, sent or received 58 offensive emails, including at least one email that joked about lesbian sex.
Kane recently released the emails after being encouraged to do so by prosecutors at the Philadelphia District Attorney’s Office.
In a statement, Kane said her sister’s emails — along with thousands of other questionable emails circulated on state-government computers — will be thoroughly reviewed by special prosecutor Douglas F. Gansler.
“State ethics laws prohibit my involvement in any disciplinary action taken by the Attorney General’s Office with respect to my sister, attorney Ellen Granahan,” the statement says. “All emails will be reviewed and decided upon by Mr. Gansler — with a full report, recommendations and/or criminal action [to follow].”
— Timothy Cwiek