“Gay Panic” Defense Succeeds In Spanish Double Murder

trivino luciano pineiro

From Andrés Duque at Blabbeando:

“Twenty-seven year old Isaac Ali Dani Peréz Triviño (left) was born in Spain. Thirty-two year old Julio Anderson Luciano (center) was born in Brazil. They lived together in the Spanish province of Vigo and were planning to get married.

Both were stabbed to death by Jacobo Piñeiro Rial (right) in their apartment in the early morning of January 13th, 2006. The bodies showed a total of 57 stab wounds, according to forensics.

After killing them, Piñeiro took a shower and cleaned himself up. He filled a suitcase with some of their belongings to make it look like a robbery and then spilled clothing all over the place. He poured alcohol over everything, including his victims’ bodies, turned on the gas spigot on the stove, and set everything on fire. The local fire department said that little evidence would have survived if it wasn’t for their prompt response to the 5-alarm fire.”

pride-spain-flagsPiñeiro Rial met the couple at a gay bar after drinking and doing coke all afternoon. He went with the couple back to their home at 10:30 PM and, forensic experts believe, began murdering the couple around 4:00 AM:

“Apparently, Pérez Triviñio was stabbed first but did not die. Piñeiro then stabbed Anderson Luciano twice while in the couples’ room, and 22 more times as he followed his victim out of the room, into a corridor and out to the living room – where he died.

Pérez Triviñio, in the meantime, had locked himself in the room and records show that he was able to call local authorities. The call was cut short when Piñeiro was able to break back into the room and finish him off by stabbing him 35 more times.

In the living room, he tied Anderson Luciano’s hands and put a blanket over his body; in the bedroom, he placed a blanket over Pérez Triviñio’s head, tied a cable around it, and tethered it to a bed post. He then emptied closets and threw clothes all over the apartment, poured alcohol and set everything on fire.

Piñeiro left the building around 9:30am.”

Piñeiro confessed to killing Peréz Triviño and Anderson Luciano and setting the fire but his lawyer worked to usurp that confession:

“His lawyer argued that Piñeiro was overcome by an “insurmountable fear of being raped and being murdered” and that his judgment was clouded by the alcohol and cocaine he had consumed in the previous two days…”

Forensic experts eliminated the role of cocaine and alcohol as a factor in the incident based upon the time of the murders (it would have worn off), which reduced the defense to the “insurmountable fear” AKA “gay panic.”

And the jury bought it: Piñeiro was acquitted of the murders.

John Aravosis writes at AmericaBlog:

“Spain has legalized gay marriage. So you’d think “we’ve won!” We haven’t. Even after you win your rights – long after – you’re still not equal, you’re still not free. Slavery was abolished after the civil war. The Civil Rights Act didn’t happen until 100 years later. And now, 50 years hence, African-Americans still face prejudice and discrimination, even having elected a black president. It takes a long time to purge bigotry.

I’m asking folks to do what they can to help publicize this case, and show support. There’s a Facebook group I’d urge everyone to join. There are also protests this Saturday in Madrid, Barcelona, and around Spain. […] It’s Spain’s “twinkie defense.” It’s Spain’s Matthew Shepard. It’s Spain’s shame.”

Consolation prize? The judge sentenced Piñeiro to 20 years in jail for setting the fire, which was viewed as endangering others. Lesson? Potentially endangering heterosexuals is worse than actually killing homosexuals.

Blabbeando has links to Spanish-language news articles. Unfortunately, I can’t find any coverage in the American press.

Thanks to JMG.

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