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Inside The Beltway debuts
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It's fun Down Under
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Oscar dossier
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Serving the gay, lesbian, bisexual, and transgender communities since 1971
Vol. 42 • No. 08 • February 23 -29, 2012
Trial ordered in ’83 cold case A
SB 48 repeal cleared for signatures by Seth Hemmelgarn
S
by Seth Hemmelgarn
man charged with the 1983 death of another man in San Francisco is facing trial after a judge held him to answer on a charge that he committed first-degree murder during the Courtesy SFPD course of sodomy. Because of the William Payne sodomy allegation, William Payne, 47, who’s accused of killing Nikolaus Crumbley, 41, could be sentenced to life without parole if convicted. In addition to the murder and sodomy accusations, Payne was also facing allegations of use of a deadly weapon and robbery at the beginning of his preliminary hearing Thursday, February 16 in San Francisco Superior Court. But after about five hours of testimony, Judge Donald Squires ruled that there wasn’t enough evidence to go forward with the deadly weapon and robbery accusations. The sodomy allegation makes Payne eligible for the death penalty, but District Attorney George Gascón told reporters February 16 that “We’re not going to be seeking the death penalty,” for Payne or in any other case. Crumbley’s body was found with his pants and underwear pulled down below his knees November 16, 1983 in John McLaren Park. The San Francisco Medical Examiner’s office listed the cause of death as ligature strangulation. Law enforcement officials have indicated Payne had sex with Crumbley, but it’s not clear if it was consensual or forced. San Francisco police arrested Payne on Monday, January 30 after matching DNA from Crumbley’s body to him. Payne’s sexuality came up in court Thursday. Assistant District Attorney Michael Swart played a recording of an interview Payne had with San Francisco Police Department homicide Inspectors Joe Toomey and Holly Pera almost three weeks before his arrest. In the recording, a barely audible Payne said he didn’t recognize Crumbley from a photo and indicated that he didn’t recall Crumbley’s name. He also said that he’d never had any sexual relations with another man. “I’m not homosexual,” he said. When Toomey told Payne that his semen See page 13 >>
Rick Gerharter
SF krewe’s new royalty T
he new queen and king of the Krewe de Kinque were installed at the Krewe’s ninth annual Bal Masque party for Mardi Gras. BeBe Sweetbriar, left, and Tony Leo received the honors and led the packed house on a Second Line parade through Trigger bar to the rousing beat of the drumming group SambaFunk! Funkquar-
ians. This year’s Mardi Gras party, held February 18, took the theme: “Occupy Bourbon Street and Party with the Naughty-Nine Percent.” As in past years, several thousand dollars were raised for an organization helping those in need. This year’s beneficiary was the AIDS Housing Alliance/San Francisco.
tate officials have given anti-gay activists the goahead to gather petition signatures to repeal Senate Bill 48, also known as the Fair, Accurate, Inclusive, and Respectful Education Act. The law requires that California school Karen England students be taught about the historical contributions of LGBTs. The proposed anti-SB 48 initiative, which the secretary of state’s office cleared for circulation Tuesday, February 21, would undo that requirement. Among other provisions, the state attorney general’s office spelled out that the proposal would also remove the stipulation that schools prohibit instructional materials that discriminate against people based on sexual orientation, disabilities, gender, or other characteristics. See page 13 >>
Prop 8 backers ask appellate court to review decision
by Matthew S. Bajko
T
he backers of California’s ban against same-sex marriage have asked the 9th U.S. Circuit Court of Appeals to review a recent ruling that found voters did not have the right to adopt the antigay law. In a 2-1 decision released February 7 a three-judge appellate panel upheld the 2010 ruling by now-retired U.S. District Court Judge Vaughn Walker that the constitutional amendment voters passed in 2008, known as Proposition 8, is unconstitutional. Lawyers for Protectmarriage.com, the group that succeeded in having voters adopt Prop 8, filed their request with the federal appellate court Tuesday, February 21. The move was expected and means Prop 8 will remain in effect for the time being. They are seeking what is known as an en banc review, in which the chief judge of the appellate court and 10 other judges of the 9th Circuit assigned at random reconsider the case. A majority of the 9th Circuit’s 25 judges in regular active service must vote to grant the request. According to the court’s rules published online, en banc reviews are “not favored” and See page 12 >>
Bill Wilson
Marriage equality supporter Spencer Jones waved the 9th Circuit’s decision outside the federal courthouse in San Francisco February 7.
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