"GAY PANIC" DEFENSE FAILS

Defendant James Lee Shaw Sentenced to Life in Murder of Co-Worker

Atlanta-Fulton County District Attorney Paul Howard announces the conviction of James Lee Shaw of Atlanta in the August 2002 murder of a co-worker at the Market Cafe in the downtown Apparel Mart. The 39-year-old Shaw was convicted of stabbing to death 53-year-old Rowland Hardwick in an employee restroom at the restaurant. The medical examiner testified during the three-day trial Hardwick had been stabbed 40 times.

In defense of the brutal stabbing, Shaw testified Hardwick had made an unwanted sexual advance toward him. He claimed the alleged homosexual overture caused him to have flashbacks to molestations by men when he was a child. As several defendants have done in cases recently, Shaw argued this "gay panic" justified his actions.

But the 5-man, 7-woman jury rejected the defense argument, returning guilty verdicts on the charges of murder, felony murder, aggravated assault with a deadly weapon and possession of a knife during the commission of a felony. Judge Rowland Barnes followed the recommendation of Assistant District Attorney Brett Pinion and sentenced Shaw to the maximum term of life plus five years in prison. In 1985, Shaw was convicted of shooting a man four times because he was dissatisfied with the manner in which the man had repaired his car.

District Attorney Howard condemned the use of this "gay panic" defense strategy in the strongest terms: "Every time this so-called defense is raised by a defendant and his defense counsel in our county, I'm hoping it is for the last time! It is demeaning, outrageous, insulting and down right ridiculous for defendants to believe that the death of any human being is justified because he or she is homosexual. My office and lawyers are sick of it!"

CONTACT: Lyn Vaughn, 404-224-0560 (office); 404-533-1381 (pager)