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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (May 1, 1988)
GAYS A N D LESBIANS WELCOME Teddy Be Express McBride trial resumes in June The defense contends that Cheryl McBride is the victim of battered women s stress syndrome and shot her ex-husband ‘in self-defense out of fear for her life ‘ B Y S U Z A N N E ’ • S T A U S S authority on battered women, has evaluated M cBride and she and other experts will testify as to the extent that battered women’s stress he trial of Cheryl McBride will resume on syndrome was manifest in her. Investigators June 27 in Newport, Oregon. On January will provide a chronology o f the battering and 29, 1987, McBride was arrested and charged abuse perpetrated upon McBride by her ex- with murder in connection with the shooting husband. There is reason for the defense to death o f her ex-husband, Darwin McBride. believe that the prosecution will attempt to Police records show that he was shot in the chest divert the ju ry ’s attention from the battering to outside his chiropractic clinic in Corvallis and the fact o f her lesbianism. Hoffman is prepared that she was arrested at the scene. Bail was to spend time during the trial to educate the denied and she was held at the Benton County jurors about the meaningfulness of homosexual jail until last May when she was transferred to partnerships and the appropriateness o f a les the custody o f Our New Beginnings in Portland. bian raising a child, especially a male child. It The McBrides were married for five years will be essential that the jury be convinced of before they divorced, citing irreconcilable dif these truths in order to achieve acquittal. ferences. Custody o f their son was awarded to Friends o f Cheryl McBride was organized in Cheryl, and visitation rights originally were Salem to raise money for her legal defense. granted to Darwin. Later court records include Providing funds for her trial is their only goal, affidavits filed by Cheryl McBride, one of however, their networking leads them to which states, “ Over the course o f our five-year believe that the issues are important and that marriage I was subjected to emotional, psy Oregon and federal laws do not adequately chological and violent physical abuse from him protect women from battering, nor do they pro [DarwinJ. In the last six months o f marriage, tect women who protect themselves from Jason too became a victim o f that abuse. Know abuse. A favorable verdict would set a land ing I could no longer protect Jason from abuse, I mark legal precedent for the defense in future left our home with our son and the divorce battering cases. The verdict may affect lesbian resulted.” Later documents indicate that the and gay parenting litigation. W hichever way the abuse o f Jason by his father continued after the jury decides in this case, it will touch the lesbian divorce during unsupervised visitation. In 1982 and gay community. the court withdrew Darwin’s visitation rights Friends o f Cheryl McBride is working to because o f “ physical abuse.” In 1984 the court raise $40,000 that is needed for trial expenses restored his visitation rights, the extent o f which and attorney’s fees. Hundreds o f hours have was to be decided by Jason. Associates of Cheryl been spent by professionals in preparation for M cBride have said that Jason refused to see his this trial, and if they are not paid for their work father after that. by June 20 they will be unable to testify in M cB ride’s trial began last October in Corval M cB ride’s defense. Contributions and inquiries lis with Portland lawyer Janet Hoffman repre may be sent to Friends of Cheryl McBride, PO senting her. Hoffm an’s request that the trial be Box 13483, Salem, O R 97309-1483. Scheduled moved to a different location was denied by benefits include Loose Wimmin on June 3 at the Judge Frank Knight. Jury selection was difficult Echo Theatre in Portland and an ICWE show on because H offm an’s questioning revealed that June 11 at the Grand Theatre in Salem. • half the prospective jurors had preconceived ideas or biases about the case. Then the trial was postponed because the state violated McBride’s Sixth Amendment right to fair counsel: The prosecution talked to defense psychiatrist Ed Colbach without M cB ride’s attorney being pres ent. Hoffman claimed that the prosecutor had received information on defense strategy that by E. Ann Hinds would not otherwise have been available to him. Prosecuting district attorney Ken Osher was disqualified from the case and replaced by special prosecutor Byron Chatfield from the Oregon State Department of Justice. Judge two-day workshop on the immune Knight agreed in March that McBride could not system and women’s health will be held receive a fair trial in Benton County because of at the W omen’s Healing Ground in Estacada on local publicity about her case, and the trial was June 11 and 12, from 10 am to 5 pm. moved to Newport. The intermediate-level workshop will be Because M cBride’s case has not gone to trial, taught by Colette Gardner, coordinator of the specific reports of abuse and details about the West Coast W omen’s Herb Conference at evening o f the shooting are not available. But Trillium and owner of Blue Iris Botanicals. because the prosecution and defense have pre The course will cover restoring and maintain sented the structure o f their cases, the direction ing health, nourishing the immune system, and that each will follow can be determined. The understanding and treating common and chronic prosecution contends that the shooting was pre diseases, all using herbs. Gardner will also dis meditated because McBride drove to Corvallis cuss the body and its different organ functions, from her home in Independence on the evening systems involved in immune function and how o f the shooting with a loaded gun. McBride they specifically relate to women’s health issues. entered a plea of not guilty to the charge of Preregistration is required, and overnight murder, which carries a maximum penalty of camping is available, with limited space inside life imprisonment. Attorney Hoffman contends (bring bedding and food). The cost of the work that M cBride is the victim of battered women's shop is $35-50 on a sliding scale; send payment stress syndrome that she shot her ex-husband to W om en’s Healing Ground, 37010 SE Snuffin “ in self-defense out o f fear for her life,’ and Road. Estacada, OR 97023. For more informa that for fourteen years, because o f his battering tion, call 630-7848 and abuse, she “ lived a life o f terror and fear.” — Kamila Al-Najjar Dr. Lenore Walker, the country’s leading T Herbal workshop slated M O T H E R ’S DAY — MAY 8 T H Remember — every body has a birthday. OPEN Mon. thru Sat. 4 pm - 2 am Sunday 2 pm - Midnight FREE POOL 11 pm - 2 am Sun. thru Thurs. FOOD - POOL - GAMES 2845 SE Stark We deliver Teddy Bears locally and nationwide FMEE B oa q M t o f b allooM with local d«M v«ri«a Over 100 personalities to choose from. ~ CALL 220-B EA R M *0 3 S.W. Morrison Morrison A Park 236-4321 Low er-level. Blnyon Eye World Bldg. 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