April 1991

 

by Michael Warner

According to statistics furnished by
the National Gay and Lesbian Task Force,
violent crimes reported against gay men
and lesbians were up over 40 percent in
1990. The NGLTF statistics were collected
from gay service organizations in large
urban areas.

Yet, as witnessed this past year, rural
Vermont is not immune to such violence.
When the Vermont Legislature passed the
Hate Crimes law, it sent out a message that
anti-gay violence will not be tolerated in
Vermont. Still, the violence has persisted.

One case, which occurred at the end of
last summer, is slowly making its way
through the court system. Two men have
been charged with assault, attempted rob-
bery and violation of the Hate Crimes stat-
ute because, according to court documents,
their behavior was “maliciously motivated
by the victirn’s actual or perceived sexual
orientation.”

Dominic Ladue, 28, and Richard
Ladue, 16, were arrested the day after the
attack, which occurred on August 15, 1990.
Statements made by the victim indicate that
a short time after he left Pearls Bar in
Burlington, he was approached by the de-
fendants. The men asked the victim to iden-
tify himself, and among other abusive
questions asked if he was a “faggot”. One of
the men told the victim that, “you better not
be the one who raped my friends’ brother”
and then demanded that the victim hand
over his wallet. The victim was notcarrying
a wallet. The men grabbed the victim and
began beating and choking him and report-
edly told him that they would kill him if he
screamed.

Since their arrests the defendants have
made various motions ranging from at-

INDIVIDUAL. COUPLE AND
FAMILY COUNSELING

MAIN STREET - PO. BOX 63

MICHAEL FERNANDES. M.ED.

WILLIAMSVILLE. VT 05362

Hate Crimes Update

tempting to get their bail reduced to having
the charges thrown out of court because the
victim had moved from the area and his
whereabouts were supposedly unknown.
Although the victim had moved to the
Boston area, he has returned to Vermont
and given depositions in the case.

Due to the age of ther client, 16 at the
time of the crime, lawyers for Richard
Ladue have petitioned to have his case
moved to juvenile court. According to court
sources his case shouldbe heard soon and it
is anticipated that he might change his plea
and agree to testify against his brother in ex-
change for a lenient sentence.

The state might also agree to amend the
Hate Crimes part of the case against him.
According a motion filed in January 1991,
which soughttohave this case transferredto
juvenile court, Richard Ladue had no prior
criminal record and was not the "ring-
leader" of the. offense. However he is
quoted in documents filed in other motions
on behalf of his brother as saying to friends,
outside of the holding cell, just after his
arrest, “I beat up a fag... I really kicked the
shit out of him. They’re trying to blame my
brother, but I did it.”

Attorneys for Dominic Ladue have
also filed motions on his behalf asserting
that the Hate Crimes Statute, which makes
it a crime to attack a homosexual, is uncon-
stitutional in Vermont. They base their at-
guments on the fact that the Vermont
Constitution requires that laws encourage
virtue and discourage immorality.

Quoting from a motion filed in Octo-
ber 1990, “The hate crime statute attempts
to protect homosexuality; it puts homo-
sexuals in a protected class by enhancing
existing penalties for assaults. This protec-
tion of immorality should not happen in

1802] 348-7225

 

Vermont. It is in conflict with both the Old
Testament (see Leviticus 18:22) and the
New Testament (see Romans 1:21-27),
which instruct Vermonters to abhor homo-
sexuality. That the Bible is the arbiter of
what is virtue and what is immorality can
be seen from the the language of Vermont
Const. Ch. I, Art. 3 with its references to
‘Almighty God‘, ‘revealed will of God‘ and
commendation to sabbath observance....
The hate crime law is suspect as it applies
to this case."

It remains to be seen if such an argu-
ment will hold up in court. In the mean-
time, Dominic Ladue remains in custody
unable to post $5000 bail. (At the time of
his arrest in this case, Dominic Ladue was
out on bail for a another assault charge.)

Therapeutic Massage
and
Personal Lifestyle
Consultation
V
Pamela Gale
Offices in Burlington and
Montpelier
802-229-2404

Gift Certificates Available