Tampa Bay Coalition
Eye on GLBT News & Headlines
Op~Ed
by R. Zeke Fread
October 29, 2002
 
Gay Teen Suicide Victim's Family Gets 2nd Chance for Justice
 
The family of a gay teen who committed suicide, after Minersville, PA. police officers threatened to out
him to his grandfather, family, friends and the community, may finally receive justice. Madonna Sterling, Marcus Wayman's mother, filed civil charges against Minersville police officers, Police Chief Joseph Willinsky, son J. Scott Willinsky, and Thomas Hoban, claiming that the police officers violated Marcus Wayman’s privacy rights. But, on November 2001 a jury cleared the three Borough of Minersville, PA,
police officers of violating Marcus Wayman's constitutional right to privacy and of any wrongdoing. Upon 
appealing the jury decision, on June 17, 2002, U.S. District Judge Arnold C. Rapoport of the Eastern
District Circuit Court in Allentown, tossed out the jury acquittal calling it a "miscarriage of justice" and he
ruled that he believed the jury’s verdict was against the weight of the evidence. The defense for the police
and borough of Minersville, PA, filed a motion, asking Judge Rapoport to reconsider his decision. And,
if Judge Rapaport would not reconsider, the defense asked for a petition to the 3rd Circuit US Court of Appeals, Philadelphia. Judge Rapaport denied the Borough’s plea for reconsideration and appeal.
Now in a new trial, the police will face charges of misconduct and invasion of privacy, which directly contributed to Marcus Wayman committing suicide.  
 
The weight of the evidence of this horrific tragedy that resulted in the suicide of a young gay teen took
place back in 1997. That's when Marcus Wayman, 18 and a 17 year-old friend, had just left a high school party, as they pulled their car into a parking lot, and were in the process of turning their car around. The teens were immediately stopped by the local police. Officers separated the two teens and as usual the
police frisked the two, searching them for weapons and/or drugs. Finding neither, however, they did find
the younger teens had two condoms in his pocket. One of the officers, F. Scott Willinsky, concluded that
this meant the teens were "queers" and they were planning on having sex in the parking lot. Even after questioning the teens and both denied this, saying they were just pulled into the parking lot to turn their
car around. Willinsky had made up his mind, the teens were "queers" and having a condoms, meant
they were about to have sex.
 
The police charged the boys with underage drinking and took them to the police station. That's when the
two teens worst nightmare began. Willinsky, the arresting officer, allegedly asked if they were "queer" and proceeded to quote biblical passages and lecture the teens on the Bible and homosexuality. What
can only be described as a blatant violation of the teen's constitutional right to privacy, the police officers
then threatened to tell the teens families, friends and community that they were faggots. How could they
be so insensitive and ignorant to the number of gay teen's that commit suicide due to the exact type of 
treatment they imposed on these two teen boys.
 
Marcus was so traumatized by this threat to tell his grandfather, family, friends and the community, that 
he was gay. Marcus was released by the police at around midnight and sometime before 6 a.m., he put
a revolver to his face and fired. The first shot he fired missed and he fired again, this time he succeeded
in killing himself. 
 
In the suicide note Marcus left, he said, 'I'm sorry grandpa, I found my future...I won't let everyone's life be ruined by mine."
 
The honorable Judge Arnold C. Rapoport, should be commended for his decision and for giving Marcus Wayman's family an opportunity to finally receive justice. The facts of this most tragic death of a gay teen scream miscarriage of justice and Judge Rapoport has heard these cries for justice. He is also sending
a much needed message to all our gay teens, that being, that they have the same constitutional right to privacy as all others. And, that the police are not going to be allowed to mistreat, torment or abuse them 
solely because they are gay.   
 
A court date for the new trial has yet to be set.
 
There is a website online called, The Marcus Wayman Memorial Campaign, you can find much more
about Marcus Wayman, ways you can take action, get involved, updated news and information.
http://www.marcuswayman.org/home.shtml .
 
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