Gay Prisoner: Homophobia Led to Death Row

Feb. 6, 2001 -- To his supporters, Stanley Lingar is a victim of homophobia, sitting on death row because prosecutors used his sexual orientation to convince jurors to sentence him to death.

To Missouri prosecutors, he is a convicted murderer who will finally be punished for the 1985 slaying of an honors student.

Lingar faces execution just after midnight tonight. With the U.S. Supreme Court having rejected his appeal today, his last chance at life lies with Missouri Gov. Bob Holden, as his lawyers hold out hope the new governor will intervene and grant him clemency.

In 1986, Lingar was convicted of abducting and killing 16-year-old Thomas Scott Allen. According to court records, Allen's car ran out of gas while he was driving outside the southeast Missouri town of Doniphan, and Lingar and his associate (and one-time co-defendant) David Lee Smith decided to give him a lift.

Smith and Lingar drove Allen to a remote area, where they told him to undress and start masturbating. When he refused, prosecutors said, Lingar beat him with a tire iron, shot him three times, and ran over him with his car.

Smith pleaded guilty to second-degree murder and was sentenced 10 years in prison in exchange for his testimony against Lingar.

At trial, Smith testified that Lingar planned the killing and was the triggerman. In arguing for the death penalty, prosecutors introduced alleged evidence of Lingar's "bad character" by having Smith testify he and Lingar had a consensual homosexual relationship for three years.

Homosexuality in ‘John Ashcroft Country’

Lingar's attorneys believe the testimony about his sexual orientation — especially in rural Missouri in 1986 — unfairly prejudiced the jurors, convincing them to sentence him to death.

"In the penalty phase, David Smith — who had already testified against Stanley in the guilt phase — was asked just one question," said Lingar's attorney, Kent Gipson. "When he testified that he and Stanley had engaged in a homosexual relationship, especially in rural Missouri in John Ashcroft country, they [jurors] decided, 'Let's kill him.' His sexual orientation offended the jury … they decided that they should kill him because he was a deviant."

In Lingar's appeal, Gipson also said his client is borderline retarded, with tests revealing he has an IQ of 80. This, along with the fact that Smith, who is free after serving his 10-year sentence, is clearly more intelligent, indicates that Lingar could not have been the mastermind behind the slaying, Gipson said.

"He [Stanley] is not so bad off that he doesn't realize he's going to be executed, but David Smith is demonstrably more intelligent than he is," he said. "There's evidence that suggests that he, not Stanley, most likely committed the murder."

Heinous Murder, No Remorse

Prosecutors say the testimony about Lingar's sexual orientation was used to prove an alleged motive for the slaying — to cover up his homosexuality. They have denied using homophobia to put Lingar on death row and say he is only using this last-minute argument to avoid accepting responsibility for his actions.

"Stanley Lingar committed an incredibly heinous crime," said Missouri Attorney General Jay Nixon. "He abducted a kid, made him strip in the back of a car, and when he [Allen] wouldn't perform, he shot him, beat him with a tire piece and ran him over. He has gone through 15 years of appeals … These are long and difficult cases but he was given a lot more rights than he gave his victim.”

Nixon said Lingar's sexual orientation was not a central part of the case and the jurors decided to sentence him to death because of the brutality of the slaying. Lingar's guilt in the slaying, he said, was proven decisively.

"In his last hours, he has not voiced any remorse and has not reached out to any members of the victim's family," Nixon said. "Instead, he has avoided taking responsibility for a crime that was conclusively proven."

The Florida Election Connection

Gipson also argues that prosecutors never told Lingar's trial attorney that they intended to use "bad character" testimony. In 1999, the Missouri Supreme Court set aside convicted murderer Kenneth Thompson's death sentence for that reason, but did not accept the argument in Lingar's case. This prompted Gipson to file an ill-fated appeal to the U.S. Supreme Court, arguing that the Missouri high court violated Lingar's constitutional right to equal treatment under the law.

In his Supreme Court argument, Gipson cited the justices' ruling in the George W. Bush-Al Gore election case, where the majority of the panel found the Florida Supreme Court violated the Constitution by ordering a partial recount of the votes. Just as the high court found that all the Florida voters were not being treated equally in a partial recount, Gipson argued that Lingar deserved the same treatment as Thompson.

Before the justices rejected his arguments today, Gipson admitted he didn't have a "whole lot of faith" that the Supreme Court would help "a poor prisoner from Missouri." Now he awaits word from Holden, hoping the governor will spare Lingar's life and give him a life sentence.

In his clemency appeal, Gipson argued that Lingar's counsel at trial was ineffective. Lingar's trial lawyer, Gipson says, barely provided a defense and did not present evidence that could have saved him from the death penalty. The entire trial — including the guilt and death penalty phases — took only three days, despite, Gipson says, evidence that could have provided "a very powerful defense" for Lingar.

"The only evidence really comes from David Smith," said Gipson. "And given the deal he worked out, his credibility was subject to attack."

Supporters: Justice, Not Vengeance

Lingar has received support from Amnesty International USA, the American Civil Liberties Union and various other activist and anti-death penalty groups. William Dobbs, spokesman of Queer Watch, said it was difficult to predict whether Lingar stands a better chance at a reprieve now than at other times. However, Dobbs said the public is growing more aware of another kind of disparity in death row cases.

"I think the country has gotten more aware of how race, class and prejudice can work its way in the judicial system," said Dobbs. "This is the kind of prejudice — gay prejudice — can work its way into courts as well. … Just a handful of these cases have been documented in the judicial system. That this man [Lingar] has been sentenced to death basically because of his sexual preference is scary. This kind of testimony means that his sentence is tainted and leaves the entire justice system in doubt.

"This was a horrific crime," Dobbs said of Thomas Allen's slaying. "[But] this [Lingar's execution] will not bring Thomas back. This only serves as revenge and does not mete out justice."

If the governor does not intervene, Lingar will be executed by lethal injection at 12:01 a.m. local time Wednesday. His supporters plan to hold a candlelight vigil for him outside the Potosi Correctional Center, the site of his scheduled execution, and in front of the governor's mansion.