Judge refuses to delay hearing in Lawrence King murder

[ccharles000]

(Oxnard, California) A move to delay the preliminary hearing of Brandon McInerney, the 15-year-old accused of killing gay classmate Lawrence King, was rejected Tuesday.

McInerney’s attorneys are fighting to have the case moved from adult to juvenile court. The issue is now before the California Supreme Court after being rejected by the trial judge and an appeals court.

Ventura County Superior Court Judge James Cloninger dismissed the motion, saying the case needed to more forward.

A preliminary hearing determines whether the prosecution has enough evidence for the case to proceed to trial.

Cloninger noted that since the hearing would not determine guilt or innocence, there was need to delay the proceedings. He ordered both sides in the case to be on 24-hour call and fully prepared for the hearing to begin as soon as a courtroom is available.

King, 15, often dressed in a feminine manner and told friends that he was gay. He was shot in the head during a morning class at E.O. Green Junior High in Oxnard in February 2008. More than 20 other students were in the room at the time. McInerney was arrested shortly after the shooting.

King died in the hospital after doctors declared him brain dead and his mother agreed to have life-support removed.

McInerney, who turned 15 last month, is charged with first-degree murder and a hate crime.

Last month in court papers, the prosecutor’s office said McInerney has a “racist skinhead philosophy” and that without saying anything he shot King in the back. When King fell to the floor, McInerney got up and fired a “second, coup de grace” shot into the back of King’s head.

http://www.365gay.com/news/judge-refuses-to-delay-hearing-in-lawrence-king-murder/