Case Against Killer Of Gay Man Imperiled By Lack of NYPD Miranda Warnings

It was two years ago next week that thousands of LGBT New Yorkers poured into the streets to protest the senseless murder of Mark Carson, 32, [photo], who was shot point-blank in the head after he said "yes" when asked if he was gay. The suspected killer, Elliot Morales, then 33, was apprehended immediately and reportedly laughed and boasted about the murder to the arresting officers. In August 2014 the New York County District Attorney's office declared that they would not be offering a plea deal to Morales, who faces life imprisonment without parole.

Today we learn that Morales' confession might be thrown out. Duncan Osborne reports at Gay City News:

A number of statements made to police and a prosecutor by the accused killer of Mark Carson may be thrown out because police failed to give Elliot Morales his Miranda warnings and the assistant district attorney who took Morales’ videotaped statement ignored both his request to remain silent and his refusal to answer questions. “You’re obviously aware that there are some problems with the question and answer session,” Judge Charles H. Solomon told Shannon Lucey, the assistant district attorney who is prosecuting the case, during a May 11 hearing on the admissibility of evidence in the case. Once Morales was in police custody, law enforcement was required to inform Morales of his right to remain silent, his right to an attorney, and other Miranda rights if they wanted to use any statements he made at a later trial. His attorney, Gary Sunden, said police began questioning Morales soon after he was in handcuffs. “There were questions put to Mr. Morales, on the ground, face down,” Sunden said during the hearing. “At the time of all of these alleged statements, no Miranda warnings had been given to Mr. Morales.”

Osborne notes that the case against Morales remains strong due to his possession of the murder weapon and the statements of eyewitnesses. Hit the link for much more.

NEW YORK CITY: Prosecutors Say "No Plea Deal" For Murderer Of Gay Man

In May 2013, Elliot Morales (left) chased Mark Carson, 32, out of a West Village restaurant and shot him point-blank in the head after calling him a "faggot." Last week New York City prosecutors declared that they will never agree to a lesser sentence in return for a guilty plea.

“I can assure you there is not now or will there ever be an offer made to this gentleman regarding this case,” Assistant District Attorney Joan Iluzzi-Orbon said Wednesday at a Manhattan Supreme Court hearing for Elliot Morales, 33. Morales — who’s charged with murder as a hate crime for allegedly shouting “Look at these faggots” before shooting dead Mark Carson, 32, in Greenwich Village — has had two court appointed attorneys since his May 2013 arrest. But the alleged hatemonger claims they were all unable to do their job and even filed complaints against three defense attorneys involved in the case. Justice Charles Solomon appointed new lawyer Glenn Hardy Wednesday.

Elliot Morales faces a potential sentence of life in prison without the possibility of parole.

PREVIOUSLY ON JMG: At the time of his arrest, Morales reportedly laughed and boasted to the NYPD about shooting Carson. Despite that confession, he later pleaded not guilty and laid the groundwork for an insanity defense by claiming the he had been sexually molested as a child. In addition to the Taurus .38 revolver used to kill Carson, a search of Morales' home found what police described as a "Serbian-made Zastava assault weapon." Two days after the murder, thousands of New Yorkers poured into the streets for a massive vigil march in Carson's memory. Even hate group leaders such as Tony Perkins and Brian Brown denounced Carson's murder, although Breitbart and Matt Barber predictably claimed the murder was being "politicized" in order to promote gay rights. The shooting of Mark Carson came amidst a terrifying spree of violent anti-gay hate crimes across New York City, prompting then-Mayor Michael Bloomberg and NYPD Chief Ray Kelly to hold a joint press conference regarding stepped-up police patrols in gay neighborhoods such as the West Village.

His Name Was Mark Carson

This weekend as the world marks the International Day Against Homophobia & Transphobia, let us all remember that it was one year ago tonight that LGBT New Yorkers poured into the streets of the West Village to protest the senseless murder of Mark Carson, who was shot point-blank in the head after saying "yes" when asked if he was gay. At the vigil one year ago tonight, speaker after speaker exhorted the crowd: "Say his name!" Everybody: "Mark Carson, Mark Carson, MARK CARSON!" 

Mark Carson's killer was apprehended immediately and the first stage in his trial on a charge of second-degree murder as a hate crime is scheduled for June 3rd. I'll be following the trial closely.

VIDEO: YouTube user Michael Paul this weekend posted the below look back on the reaction to Mark Carson's murder.

NEW YORK CITY: Lawyer For Killer Of Mark Carson To Present Insanity Defense

The lawyer for Elliot Morales, the man who murdered Mark Carson on a West Village street corner in May, said yesterday that he intends to present an insanity defense.

Court-appointed defense lawyer Kevin Canfield served notice that he intends to present psychiatric evidence at trial. "It could be temporary insanity," Canfield told reporters, declining to describe Morales' reported mental state at the time of the alleged crime. It was not immediately known whether Morales had any known mental health problems prior to the killing. Morales, 33, did not speak during the brief court appearance but appeared somber, sporting a shaved head, gray shirt and tie and wire-rimmed glasses. He was indicted in May on charges of murder as a hate crime, criminal possession of a weapon and menacing. Morales is due back in court Sept. 13 and is being held on Rikers Island without bail.

At the time of his arrest, police and prosecutors say that Morales repeatedly boasted about the murder.

Mark Carson's Killer Pleads Not Guilty

Even though he repeatedly boasted about the crime at the time of his arrest, today Elliot Morales (left) pleaded not guilty to the hate crime murder of Mark Carson, who was shot in the face on a West Village street last month.

"He thought he was tough, and I shot him. It's the last thing he'll remember," Elliot Morales, 33, told cops according to court documents released at his arraignment Tuesday. "Guy thought he was tough in front of his bitch so I shot him. Diagnosis is dead, doctor." The disturbed suspect shook his head as the charges of second degree murder as a hate crime, menacing a police officer and criminal possession of a weapon were read out in Manhattan criminal court. He pleaded not guilty. "This young man's tragic death serves as a reminder of the discrimination that many of our family members, coworkers and friends still face," Manhattan District Attorney Cyrus Vance said.

The above-linked report adds that no friends or family appeared in court to support Morales, who was remanded to Rikers Island.  After his May 23rd grand jury indictment, the lawyer for Morales hinted at an insanity defense, adding the claim that Morales had been sexually abused by a "male authority figure" when he was a child.  The Daily News played into that today by reporting that Morales' "insanity was evident during his interrogation" because he threatened to murder "the first bitch cop I see" if his handcuffs were to be removed.

Mark Carson Vs Jodi Arias

Carlos Maza writes at Equality Matters:

According to an Equality Matters analysis, while all three major cable news networks extensively covered Arias’ trial and her plea to jurors to avoid the death penalty, CNN spent less than one minute discussing Carson’s murder, and Fox News ignored the story completely. Only MSNBC devoted a full segment to Carson’s murder, rightly pointing out the recent surge in anti-gay violence even as LGBT people win legislative battles across the country. So what explains the failure of major cable news networks to cover Carson’s story?

For some networks, the decision to ignore the Carson case and focus on the Arias trial likely has more to do with ratings than anything else. Arias’ plea to avoid the death penalty was a ratings gold mine for cable news networks, despite the substantive portion of her trial having been over for weeks. For Fox, ignoring Carson’s murder fits into the network’s larger pattern of downplaying anti-LGBT violence and harassment while peddling trivial anti-equality horror stories.

Read the full story by Maza.

NEW YORK CITY: Grand Jury Indicts Elliot Morales For Murder Of Mark Carson, Lawyer Claims Morales Was Sexually Abused As A Child

This afternoon a New York City grand jury formally indicted Elliot Morales (left) for the murder of Mark Carson. Multiple charges include second-degree murder as a hate crime. Morales' lawyer pleaded "not guilty" even though Morales bragged about the murder during his arrest.

The lawyer, Kevin Michael Canfield, later said Morales is not guilty of the slaying and is "devastated by the charges." "He didn't murder anybody," Canfield said, suggesting there were other factors at play. "He was sexually abused as a child by a male authority figure which led to a lifetime of alcoholism and drug abuse," Canfield told the Daily News, adding, "It's a terrible tragedy." "Look at you faggots, you look like gay wrestlers," Morales allegedly told victim Mark Carson and his friend minutes before policed say he shot Mark Carson, 32, in the head. Authorities said he callously laughed as he confessed to the random killing. His gleeful expression came as he allegedly told investigators, "I shot him in the face."

The Daily News notes that members of Carson's family were in the courtroom as the indictment was issued. Morales is being held without bail at Rikers.

Mayor Bloomberg And NYPD Chief Hold Joint Press Conference On Hate Crimes

Mayor Michael Bloomberg and NYPD Chief Ray Kelly last night held a joint press conference on the wave of violent anti-gay hate crimes sweeping New York City. From the mayor's remarks:

"Last Friday, the murder of a young man named Mark Carson shocked our city. He was murdered because of his sexual orientation - and only because of his sexual orientation. It was a cold-blooded hate crime that cut short a life full of promise - and brought back awful memories for people who were once afraid to walk down the street with the person that they loved. No person - regardless of what they look like or who they love - should ever walk down the street in fear. Thankfully, we have come a long way from those days - but the murder of Mark Carson is a tragic reminder of how far we still have to go."

Kelly then provided numerous details about the assault in the East Village. The suspect has since been arrested.

FRC Denounces Murder Of Mark Carson

From their website:

Family Research Council President Tony Perkins released the following statement regarding the charges filed in the Mark Carson murder case in New York City: "We denounce any and all acts of unprovoked violence. No American should be the target of violence - period. We hope and trust that justice will be served in that the perpetrator of this senseless act of violence will be prosecuted to the fullest extent of the law," Perkins said.

(Via Good As You)

NOM Denounces Murder Of Mark Carson

"We condemn in the strongest possible way the murder of a gay man in New York by a killer who apparently hurled anti-gay insults at him moments before the killing. This senseless act cannot be condoned in America or anywhere, and we urge that the perpetrator be prosecuted to the fullest extent of the law. Our heart goes out to the family of the victim, and we hold them in our prayers. While this killing appears to have no connection to the current debate about redefining marriage, there is no room for violence toward any American — whether they support traditional marriage or not. No person should be subjected to violence because they are gay or lesbian or because they believe that marriage is the union of one man and one woman. There is no place for violence, period." - Brian Brown, in a statement posted today on NOM's blog.

NYPD Steps Up Patrols In Gayborhoods

In reaction to the continuing spree of anti-gay hate crimes, the NYPD announced today that they have increases patrols in the West Village, Chelsea, and Hell's Kitchen.

The patrols — which will feature mobile command units — were announced in response to the shooting death of Mark Carson, 32, Saturday, allegedly by a man spewing homophobic slurs. The increased police presence will last at least until the end of June, which is LGBT pride month.

City Council Speaker Christine Quinn, other Democratic mayoral candidates and gay leaders also led a massive rally yesterday in Greenwich Village, where Carson was shot while walking with his partner. “The family would like to have justice be served, so that Mark’s death is not in vain,” said the victim’s aunt, Flourine Bompars, one of about 1,000 marchers.

The killer's family continues to defend him.

Morales’ family said he was blitzed on ecstasy and booze that night and had no memory of the savage attack. “It’s a lie to say he hates people,’’ said Morales’ bisexual sister, Edith Gutierrez. “We’re not a prejudiced family. We have African-Americans, Dominicans, gays and Mexicans in our family.’’ Morales is being held at Rikers without bail on charges of second-degree murder as a hate crime, menacing and criminal weapons possession.

Counting last night's attack in the East Village, there have now been 24 anti-gay attacks since the beginning of the year, a 70% increase over the number recorded to this date in 2012.

A Tale Of Two Shootings

Via Memeograph.

Tweet Of The Day - Matt Barber

Comments from the Breitbart story that Barber links include "good fucking riddance" and "nothing of value was lost."

NY1 On Yesterday's Hate Crime March

NEW YORK CITY: West Village Streets Closed For Massive Anti-Hate Crimes Rally"Say His Name: MARK CARSON!"

TODAY: West Village Protest Rally And March In Honor Of Mark Carson

From the New York City LGBT Community Center:

On Monday evening we will gather on the steps of the Center, along with the Anti-Violence Project, New York City Council Speaker Christine Quinn, community members, other elected officials, and LGBT community leaders and allies, and march to the site of Friday's shooting to demand an end to hate crimes against our community. At the end of the march, we will rally to denounce hate violence, call for justice and to mourn the death of Mark Carson. Please join us, and help spread the word. New York is our city, and we aren’t going backward. Join us on Monday evening to honor Mark and help ensure everyone hears our message.

MARCH AND RALLY IN RESPONSE TO LGBT HATE CRIMES – Monday, May 20th at 5:30 p.m. beginning at the Center, 208 W 13th Street, and proceeding to West 8th Street and 6th Avenue.

Say his name: MARK CARSON.

Anti-Gay Groups Remain Silent On New York City's Violent Hate Crime Spree

(Via Memograph)

HomoQuotable - Michelangelo Signorile

"For years, those who are anti-gay have been emboldened by the often hateful declarations of homophobic religious leaders and by the attacks by groups like the National Organization for Marriage, which have demeaned gays. After decades of struggle, we're finally beating them back in the courts, in legislatures and even at the ballot box. And perhaps the frustration and anger by those who oppose us is now further empowering the thugs who take their hate and rage to the streets.

"We sometimes forget that getting laws passed and getting court rulings declared is, comparatively, the easy part -- as monumentally difficult as that has been and continues to be. One reason we in fact get the laws passed, in addition to protecting ourselves, is to change attitudes for future generations. But that part doesn't happen overnight and surely not without a backlash, which can sometimes be violent, as it has been in just about every other movement for equality. The hate is still out there and the haters are getting more desperate. Our worst enemies right now are complacency and the seductive message that we've 'arrived.'" - Michelangelo Signorile, responding to New York City's anti-gay hate crime spree in an essay for the Huffington Post.

NYC Prosecutors: Killer Of Mark Carson Laughed And Boasted To Cops

New York City prosecutors reported yesterday that the killer of Mark Carson laughed and boasted about his crime during his arrest.

“Yeah, I shot him in the head,” sneered Elliot Morales, 33, while “laughing on the ground” when cops were handcuffing him for shooting Mark Carson, 32, early Saturday morning. Morales today was held without bail on charges of second-degree murder as a hate crime, menacing and two counts of criminal possession of a weapon, court records show. He is accused of harassing Carson and a pal while they were walking on Sixth Avenue near West Eighth Street around midnight on Saturday. “Look at these faggots,” said Morales, who was accompanied by two friends, according to police.

The New York Times reports that Morales is now claiming to have no memory of the murder.

Mr. Morales’s sister, Edith Gutierrez, said she did not believe he could have committed a bias crime — they have relatives who are gay, she said, and Mr. Morales had shown no signs of homophobia. She also said that when Mr. Morales telephoned her from jail on Sunday, “he said he doesn’t remember anything; he was under the influence, he was drinking.” Mr. Morales, 33, said nothing at his arraignment in Manhattan Criminal Court on Sunday. Judge Robert Stolz ordered him held without bail and scheduled another hearing for Thursday.

Although only 33 years-old, Morales has already spent ten years in prison on a robbery conviction. Police are questioning Morales' two companions on the night of the murder and say that the men are "cooperating witnesses" and not suspected accomplices.

VERY RELATED: Carson was killed with a Taurus six-shot .38 revolver. On its website, Taurus notes that such guns come with a "free one year NRA membership." Dealers sell the weapon for $300. New York City detectives report finding a second gun during a search of Morales' home and described it as a "Serbian-made Zastava assault weapon."

Zastava sells numerous military-grade weapons, including machine guns, submachine guns, and "automatic grenade launchers."

Wikipedia describes the Zastava M21 assault rifle: "It has a magazine capacity of 30 rounds. The cyclic rate of fire is 680 rounds per minute, and the sustained rate of fire is 120 rounds/min."

Prior to murdering Mark Carson, Morales made a bizarre claim to a West Village bartender, telling him, "Don't you know I'm wanted? Do you know about the shooting in Sandy Hook?" The NYPD and the FBI are surely investigating what else Morales may have been planning.

VIDEO: At The Vigil For Mark Carson

TOMORROW: The LGBT Community will hold a march.

Monday, May 20th at 5:30 p.m. beginning at the Center, 208 W 13th Street, and proceeding to West 8th Street and 6th Avenue. Following a string of heinous bias attacks against gay men, including the murder of a 32 year old man on Friday night, community members, elected officials, LGBT community leaders and allies will march to the site of Friday's shooting to demand an end to hate crimes against the LGBT community. At the end of the march, we will rally to denounce hate violence, call for justice and to mourn the death of Marc Carson. Please join the Center, the NYC Anti-Violence Project, Speaker Quinn, community leaders and elected officials to reclaim our city for all New Yorkers.

The NYC Gay Men's Chorus remembered Mark Carson today at the AIDS Walk in Central Park.