09/25/2007
"Gay" Defense in Michael Sandy Trial Hit by 'Girlfriend' Details
Defense lawyer Gerald di Chiara's attempt to cast doubt on hate crime charges in the Michael Sandy trial by asserting that his client, Anthony Fortunato, is gay, "took a hit" yesterday, according to Gay City News, as one witness spoke to the court about Fortunato's girlfriend:
"Testifying for the prosecution, 17-year-old Richard Folio said that on October 9, one day after Sandy was struck and killed by a car during an alleged robbery attempt, he, Fortunato, and another defendant in the case, John Fox, went to a restaurant near Fortunato's home where they met 'Nato's girlfriend,' whom Folio identified as Donna."
Evidence of gay porn images on Fortunato's computer was also presented. Defense lawyer Di Chiara attempted to use them as further evidence of his client's sexuality.
However, di Chiara's assertions were dampened by some questioning by Anna-Sigga Nicolazzi, the prosecutor in the case, who noted that the photographs could have been used solely for the purpose of luring gay men (such as Sandy) with the intent to rob them, since explicit photos of women were present on the computer as well:
"'Were there pictures of naked women on the computer?' Nicolazzi asked. 'From what I recall there were a couple of images and numerous videos of men and women,' [detective Christopher] Wachholtz said. Nicolazzi has asserted that Fortunato used gay chatrooms to invite gay men to supposed sexual encounters at a local motel where he then stole their belongings when they used the bathroom. That activity could explain the e-mails with attached explicit photos of men."
Folio, the witness, testified that he and the accused had committed crimes together, and told the courtroom about conversations the killers had regarding the attack, soon after it had occurred, in which they used anti-gay slurs and joked about being called "thugs" in media reports about the incident.
'Gay' Defendant in Sandy Murder Trial Has a Girlfriend [gay city news]
Brooklyn: Defendant Cites Gay Pornography [nyt]
Background
Fourth Suspect Fingers Friends in Michael Sandy Trial [tr]
Jurors Hear of Instant Messages in Michael Sandy Trial [tr]
Defense: Screen Names, Sexuality, Suicide at Michael Sandy Trial [tr]
Michael Sandy Trial Shocker: Killer Says He Too is Gay [tr]
Posted 4:48 PM EST by Andy in Crime, Michael Sandy, New York, News | Permalink
Like it?
Subscribe to FREE Towleroad daily headlines with our RSS feed!
RECENT STORIES:
HA! Put the breeder away...
Posted by: Davey | Sep 25, 2007 4:57:26 PM
It's pretty obvious that his M/O is to target gay men as described by pretending to be gay and interested in sex. He's a little hood on the make.
Posted by: anon (gmail.com) | Sep 25, 2007 4:57:50 PM
This guy's so slimy he qualifies to be in Congress, where he’d no doubt be called on to teach Pelosi a lesson or two about the Big Lie technique.
And, since he's an antigay bigot and a murdering gangster, he’ll feel right at home in the Bush White House.
Burn the little thug.
Posted by: Bill Perdue | Sep 25, 2007 5:20:20 PM
Wait until his future cellmates find out about his claim to be gay. He'll be the hit of the showers.
Posted by: circuitmouse | Sep 25, 2007 5:33:41 PM
I knew he was telling a big old straight boy lie. Gay? And, I'm the Pope, just a two bit wanna be thug who killed someone.
Throw him in jail after convicting him of an obvious hate crime, and he can be "gay" with no pay day in and day out with Bubba.
Posted by: Sebastain | Sep 25, 2007 6:12:03 PM
This is all becoming so bizarre. It's like the courtroom has turned into a straw man cage match.
In this corner we have Straw Man One: A closeted gay man couldn't possibly commit a violent hate crime against another gay man.
In this corner we have Straw Man Two: A 17 year old boy with a girlfriend couldn't possibly be gay.
This court case is seriously turning into a circus of ignorance and stupidity.
The sad thing about it is, the average American would readily fall for either or both of these bonehead arguments.
Posted by: Zeke | Sep 25, 2007 6:16:06 PM
Zeke, you nailed it on the head. What an embarrassment.
Posted by: Squid | Sep 25, 2007 6:29:14 PM
Your so right Zeke. Let's just put this little bigot in jail and be done with it.
Posted by: Aloe | Sep 25, 2007 7:32:56 PM
You got it, Zeke...and you wonder if the judges and or the juries will believe these crap arguments...a closeted gay can't kill another gay and have it classified a hate crime? A teenager with a girlfriend couldn't possibly be gay? WTF?? These lawyers are grasping at straws.
Posted by: tom | Sep 25, 2007 9:00:55 PM
I think the simplest explanation is that he is str8, but he is targeting gay men for robbery by pretending to be gay. It really doesn't have much to do with politics. If you think about it, he probably could not target as many women for robbery given his overall M/O, so he goes after guys.
Posted by: anon (gmail.com) | Sep 25, 2007 10:21:51 PM
ANON, I would agree except for the fact that he had gay porn on his computer. That seems to be going a bit far just to target gay men on the internet.
But that's beside the point. I don't care if the guy's as gay as a Miata full of pink poodles, it has absolutely NO bearing on this case and shouldn't be allowed to be presented in testimony.
Posted by: Zeke | Sep 25, 2007 10:38:00 PM
And y'all thought it was ridiculous of me to see this as idiotic legal gymnastics! He got someone killed, at the end of the day that's what it's all about. He belongs in jail. Point ç'est tout!
Posted by: Shabaka | Sep 25, 2007 10:42:54 PM
What does it really matter if he's really "gay" or not. His victim is just as dead. I see a lawyer trying to work the system. Let's just for the moment say the guy is gay. Finel. He's gay. But aren't most crimes against gay people commited by men who claim to be straight? Somehow, in their minds fulliflling God's word to kill the evil gay? Hello? Paging Rev. Haggard. Or Jeff Ganon/Juckert whatever, or Larry "Let me be clear, I am not gay" Craig? Can a man be gay and still commit a "hate crime" against other gay men? I say yes. In the end, it is about who the perpertrator is committing the crime against, all gay men, not who the perpetrator is.
Posted by: troytooner | Sep 26, 2007 1:53:51 AM
Who knows what he is. It certainly is plausible that he was in denial. It's also plausible that he just had the photos to lure men. It could be both. Who knows?
The bottom line is, if he's found guilty, he ought to be removed from society for a very, very long time. If indeed all the accusations are true (innocent until proven guilty, though I'd put money on guilty), clearly he's a very large threat to gay men everywhere.
Posted by: Ryan | Sep 26, 2007 5:05:07 AM
It doesn't matter whether he's gay or not.....he committed a horrible crime..throw him in the slammer or pull the switch. Evil bastard.
Posted by: Nikko | Sep 26, 2007 10:27:22 AM
Zeke - you're right on. Like a gay man can't hate gay men? Like there aren't countless men with girlfriends who are actually gay?
It doesn't matter. None of this changes the fact that a man was robbed and killed by this scumbag.
Posted by: Gregg | Sep 26, 2007 1:31:54 PM
Roy Cohn was most certainly gay, and he destroyed the lives of a great many gay people, among the victims of his which hunt. Troytooner % Gregg said it succinctly; having volunteered for many years in the penal system, I've seen many young (and not so young) men who were conflicted or confused about their sexuality commit crimes against gays --and quite a number of them were as gay as they come. When all is said an done, there's the tragic, needless loss of a human life, and another life destroyed, and countless friends and family members who will be anonymous collatoral damage.
I won't even get into what the defense attorney was thinking- while he's obligated to provide the best possible defense for his client, there will still be a special place in Hell reserved for di Chiazo.
Posted by: circuitmouse | Sep 26, 2007 6:53:03 PM
His sexual orientation has no bearing here. Crimes against gay people become hate crimes if and only if the victim was selected based on their sexual orientation.
If Bobby Trendy stepped out the door intending to beat up the first gay guy he found, it'd be a hate crime.
Posted by: max | Sep 27, 2007 1:37:52 PM