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 LGBT Center Celebrates With Ribbon-Cutting After $9.2M Remodel

Last night I attended the ribbon-cutting ceremony at the New York City LGBT Center, which is almost finished with a 14-month $9.2M remodeling that has dramatically reshaped the building, an 1844 structure that in 1938 became Food Trades Vocational High School. Leading the ceremony was Center executive director Glennda Testone and Edith Windsor, who announced that the Center will be the recipient of her personal papers. Speakers included Manhattan borough president Gale Brewer, City Councilman Corey Johnson, state Sen. Brad Hoylman, state Assemblywoman Deborah Glick, NYC Comptroller Scott Stringer, and a representative from Mayor De Blasio's office, who declared yesterday to be LGBT Center Day in New York City. The Center hosts hundreds of groups and was the birthplace of ACT UP. The ribbon was provided by rainbow flag creator Gilbert Baker.

UPDATE: JMG reader Glenn provides us with his video of Edith Windsor's speech. Lots of gay history here.

New Yorkers Line Up For Pop-Up Central Perk Cafe On Friends 20th Anniversary

This week marks the 20th anniversary of the premiere of Friends and at this writing hundreds are lined up in the West Village to enter a pop-up version of the show's Central Perk coffee house where they can sip from those "stupid big cups which, I'm sorry, might as well have nipples on them." Lots of Friends memorabilia is on hand including the original Central Perk couch, a box of Smelly Cat kitty litter, and the porn video Buffay The Vampire Layer. The only human memorabilia on site is Gunther. Poor Gunther.

NEW YORK CITY: West Village Locals Block Attempts To Relocate Gay Bar

In the face of soaring rent, Boots & Saddle is soon leaving its Christopher Street location after almost 40 years. The owners have found another location in the neighborhood, but the local community board has blocked their move.

Community Board 2's State Liquor Authority committee unanimously rejected Boots & Saddle's bid to transfer its liquor license to the new location. More than half a dozen unhappy neighbors turned out to the packed meeting to say that the bar, which hosts daily drag shows and twice-weekly karaoke nights, would disrupt their quiet block. “I cannot imagine anything less appropriate for this part of our enclave than this particular application,” said Greg Jackson, president of the Morton Street Block Association. Boots & Saddle co-owners Ron Silver and Rob Ziegler bristled at Jackson's use of the word "enclave," which they saw as discriminatory against the four-decade-old bar's clientele. "When they say 'enclave,' you know what that means," Ziegler said after the meeting. "They don't want our kind."

One member of the committee worried that children might see drag queens. In the West Village.

NEW YORK CITY: West Village Gay Bar Boots & Saddle To Close After 40 Years

The tiny but popular Christopher Street bar Boots & Saddle is closing after 40 years in business due to a large rent increase.

The gay bar — known for its drag shows, packed parties and welcoming vibe — cannot afford to pay a rent increase on its space at 76 Christopher St. and will shut down soon after 40 years in the Village, managing owner Rob Ziegler said. "I'm sad," said Ziegler, who started as a bartender at Boots & Saddle in 1999 and later became an owner. "I've been here 15 years. Fifteen years is a long time." Ziegler said a new landlord is taking over the building in the coming months and plans to raise rent for the 700-square-foot bar by thousands of dollars per month, to the "high twenties." According to city records, the building has been owned for decades by Norton Nesis. Nesis declined to say who is buying the building.

The owners say they have been looking for a place to relocate. Ten or so gay nightspots in the West Village and Chelsea have closed in recent years due to both higher rents and the continuing migration of gay nightlife to Hell's Kitchen, which is now home to about two dozen gay clubs.

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.

Beloved West Village Diner Closes Today

Vanishing New York reports that the much-loved West Village diner Manatus will close tonight in the face of a rent increase to $50K per month.

This is a sad day for the Village. Manatus has been in business since the mid-1980s, catering to the local LGBT clientele, and it is the last affordable, down-to-earth place to eat in that hyper-gentrified plastic part of town. I had my last meal there a couple months ago and didn't know it. If the original rumor is completely true, then a Calvin Klein store is taking Manatus' place.

A decade ago I lived about 15 seconds from Manatus at the corner of Bleecker and there were days when I ate there more than once. Several of the storefronts on that block have been boarded up for months, perhaps as landlords await tenants willing to pay these gentrified rents. (Tipped by JMG reader Alison)

BREAKING: Fire Threatens Stonewall Inn

JMG reader Chris and the above Twitter user report that the NYFD is currently on the scene of a fire at the building that abuts the historic Stonewall Inn in the West Village. The building on the corner houses the Duplex, the famed gay piano bar and cabaret space. The fire appears to be limited to the building between the two bars at this writing. I'll update this post when news reports become available.

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.

Seen Outside The Former St. Vincent's

As if the closure of St. Vincent's Hospital wasn't enough of a stab to the heart of the West Village, the developers of the "individually crafted, high-end, state-of-the-art, luxury living" condos on that site have decided to jump up and down on the corpse. (Via my pal Mark)

NYPD Doubles NYC Pride Protection

In response the ongoing spree of anti-gay hate crimes, the NYPD has doubled the usual number of officers for tomorrow's gay pride parade.

The surge of officers will include twice the usual amount of plainclothes cops assigned to the area, where several gay people have been attacked since the beginning of the year, police said. “There’s been concern, rightfully so, about some of the violence that’s happened in the gay community,” Police Commissioner Raymond Kelly said. In May, Eliot Morales, 33, allegedly fatally shot Mark Carson, 32, after shouting homophobic slurs at him on W. Eighth St. near Sixth Ave.

NEW YORK CITY: PFLAG Founder Jeanne Manford Honored With Memorial Plaque

PFLAG founder Jeanne Manford passed away in January at the age of 92. On Sunday this happened in the West Village:

The Greenwich Village Society for Historic Preservation, Parents, Families, and Friends of Lesbians and Gays (PFLAG), and The Church of the Village unveiled a bronze historic marker now permanently affixed to the facade of this landmark church memorializing the first meeting of what came to be PFLAG, led by Jeanne Manford, at the church in 1973. PFLAG is now a national organization with 350 chapters in the United States and 200,000 members and supporters, which does work internationally as well.

Below is a photo of Manford and her late son Morty at the 1972 Christopher Street Liberation March.  On this Sunday when you pass the site of the above plaque during what we now call the gay pride parade, tip your hat to Ms. Manford and her tremendous legacy.

NEW YORKERS: Join The Celebration Outside Stonewall At 5:30PM Today

Today's celebration outside the historic Stonewall Inn begins at 5:30PM.  Expect a huge crowd and prepare to be fabulous.  DOMA champion Edith Windsor will be there! I hope to see a great JMG turnout!

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.

NYC Drag March: June 28th

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.

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.