LJWorld.com

Attacks on people in Lawrence based on their sexual orientation have raised awareness in recent weeks about the issue and hate crimes in general.

"There are a couple of faggots."

Eric, a Kansas University junior, couldn't believe the hateful words hurled at him and his friend -- neither of whom are gay -- a week ago Friday as they walked in downtown Lawrence.

An off-the-cuff retort sparked something else Eric couldn't believe: He and his friend were attacked by five men.

Then the ultimate irony: When Eric described the incident to a Lawrence Police officer, "He told us there was nothing he could do because it was their word against ours."

Eric did find he could do something: He began speaking out against such attacks, first in a public forum on hate crimes and then in the media.

The reported attack on Eric and his friend marked the third incident since late August of beatings of men by suspects who believed their victims were gay.

The incidents have raised the question: Is violence against homosexuals on the upswing in a city long known for its acceptance of diversity? Or has the violence always existed but gone less reported?

'Anomalies'

"I honestly believe these acts were anomalies of sorts," said Derek Hogan, a downtown business owner who is gay. "People in Lawrence don't want to be associated with those acts."

Others aren't so sure. They see what's been happening.

In the first recent incident, Jay Trujillo, 21, pleaded guilty to robbery and conspiracy to commit aggravated robbery for an attack on a man Aug. 28 near Riverfront Park. Sentencing is Dec. 2. Another man arrested with Trujillo, Tyrone Alexander Kazena, 22, is awaiting trial on charges of aggravated robbery, conspiracy to commit aggravated robbery and burglary.

In the second incident, David Hutson, 29, and Chris Whidden, 23, are awaiting jury trials, each on a charge of battery for the alleged Sept. 30 beating of a gay Lawrence man downtown.

The most recent incident, involving Eric and his friend, -- police say at least two of the alleged attackers were Nebraska residents -- still is under investigation.

In response to such events, the Freedom Coalition, a community group that is against anti-gay violence, recently conducted a forum to get people talking about what's happening in Lawrence.

A video about Matthew Shepard, a University of Wyoming student who was brutally murdered because he was gay, was shown. Last week, Aaron McKinney was sentenced to two consecutive life sentences for Shepherd's murder. He was the second man sentenced to life in prison for Shepherd's killing.

It was at the forum that Eric first spoke out.

Laws lacking

He was not the only one asking questions about police and prosecutors' handling of attacks here.

U.S. Atty. Jackie Williams, the federal prosecutor for Kansas, and Douglas County Assistant Dist. Atty. Angela Wilson were among those who attended.

They expressed frustration that there are no laws on the books in Kansas, or at the federal level, that make crimes against people because of their sexual orientation a "hate crime."

"It would be good to have it," Williams said.

As the law now stands, state prosecutors cannot charge people with a felony for beating someone, unless the injuries are life-threatening. Battery is a misdemeanor in Kansas, an offense that police sometimes respond to by writing a notice to appear in court.

"From the perspective of the victim, that's very unfair," Wilson said. "That is something that is frustrating as a prosecutor."

Buck Rowland, a Kansas University graduate student and liaison between the KU Queers and Allies student group and the university, said the recent incidents represent more reporting of an ongoing problem, not necessarily an increase in violence.

"This type of activity happens to many people regularly in Lawrence," he said. "Many people don't report this because of the problems that are perceived with the police department."

'A good pulse'

Lawrence Police Lt. Kevin Harmon said no victim should feel uncomfortable about contacting police.

"I think that anybody would be safe in reporting their crimes to us," he said. "We've gone so far, as an example, with rape victims and assault victims, we'll take those anonymously. It's worth it to us to have the information as background."

But Harmon and other officers have said that, in many cases, both victims and witnesses are reluctant to get involved.

"I understand their position," he said. But "it makes it very difficult to tell how many of these attacks are really out there.

"One of the things we strive to do is have a good pulse on the activities in the city," he said. "In some cases, the motivations of the attackers are very clear. In others, it's very difficult to determine because the perception of the victim is often skewed. Is this truly a hate crime, or is it their perception?"

Wilson, the assistant DA, said the majority of "hate crimes" in Lawrence are domestic violence cases.

"We see a lot of those. There is a lot of hate out there," she said.

But Harmon said the cases in which the attackers don't know their victims, and pick them based on perception, are "particularly horrifying."

"Whether or not there's hate crimes is really a legislative issue," he said. "It doesn't change the way we do things. We're going to try our darnedest, whether or not this is a hate crime or if it's a little old lady who got beat up.

"The bottom line for us " is that one of our citizens is being attacked."

Is Lawrence safe?

Rowland, who hosts "Queer Radio" on KJHK, KU's student-run radio station, said that although people generally are more tolerant in Lawrence than in many other communities, the openness of gays here may provoke would-be perpetrators.

"I think we meet with a lot more acceptance and tolerance, but because the queer community is so visible, I think that we experience more harassment and more hate-crime activity than you might find in other communities," he said.

Hogan has heard the talk about men being physically attacked in Lawrence because they were thought to be homosexuals. As the owner of Java Break, a busy downtown coffee shop, Hogan says he usually has a good feel for what people are concerned about.

He isn't changing his routine because of the recent assaults, and he doesn't believe anyone else should.

"I don't think it's the responsibility of a person who is attacked to change," he said. "It's the person who is doing the perpetrating that should be responsible for the acts of violence. What are you supposed to do, lock yourself up in your home?"

Hogan agreed Lawrence is more tolerant than many other Kansas communities.

But, he said, "usually the main problem is in people traveling in groups. They egg each other on."

Tim Brownlee, chair of the Freedom Coalition, said residents and police need to work together to solve the problem.

He also said a hate-crimes law would help.

And a little more mutual respect and understanding would be good.

"I think we all need to understand what it's like to be in someone else's shoes," he said.

-- Michael Dekker's phone message number is 832-7187. His e-mail address is mdekker@ljworld.com.