Hearings began August 30 at Fort Campbell in Kentucky regarding the murder of Private First Class Barry Winchell, a suspected hate crime since Winchell was perceived by his colleagues to be gay. An earlier "Article 32" hearing, which combines some of the elements of civilian grand jury and preliminary hearings, had considered whether PFC Calvin Glover should be tried on a charge of first-degree murder in the July 5 baseball bat attack; the current hearing will determine whether Specialist Justin Fisher should be tried on four charges of egging on Glover and then lying to investigators (specifically, participating as a principal to premeditated murder; acting as an accessory after the fact; making false statements under oath; and obstructing the investigation). Fisher's hearing had originally been scheduled for August 14, following Glover's of August 10 - 11, but was delayed.

National gay and lesbian organizations became involved with the case after receiving numerous reports that Winchell was gay. If the attack turns out to be a hate crime, as even the Army suspects, Winchell's would be the first known anti-gay hate murder in the military since the adoption of the so-called "Don't Ask, Don't Tell" policy. The case is credited with spurring the Pentagon's August 13 announcement of restated guidelines on the policy; the content of those guidelines followed a more than two-year-old report on an internal investigation of the policy. Testimony in Glover's hearing revealed that Winchell had been subject to near-daily abuse and harassment by his colleagues about being gay for four to six months before his death; that no superior ever intervened to stop that harassment; and that two sergeants had specifically asked Winchell if he were gay.

Fisher, who was Winchell's roommate in the barracks, has been a somewhat contradictory character in the story as revealed so far. Apparently he was the one responsible for spreading the rumor that Winchell was gay, and yet it was he who introduced Winchell to nearby Nashville's gay bar The Connection and to the pre-operative transsexual drag entertainer Winchell went on to date. And while Fisher is believed to have played a role in Winchell's murder, he became quite hysterical after the assault, screaming for others to help the dying man and eventually pulling a fire alarm to rouse the barracks.

Staff Sergeant Bradley Hardin, on duty and checking the barracks on the night of the murder, heard Fisher cry, "Oh God, help me, I think he's dying." Hardin said of Fisher that, "the upper part of Fisher's body was covered with blood." Hardin said Fisher was holding Winchell in his arms, attempting to drag Winchell down the stairs. He said of Winchell that, "He had raccoon eyes, and both eyes were black." The unconscious Winchell, his head visibly swollen with blood leaking out one ear, was having difficulty breathing from choking on his own blood. Hardin testified that he saw blood on Winchell's cot and comforter and the hallway wall beside it. (Winchell was sleeping outside his room to keep company with his group's mascot, a dog he hadn't wanted to take into his quarters.) Hardin and another soldier attempted first aid; Winchell was soon helicoptered to Vanderbilt University Medical Center in Nashville, Tennessee, where he died the following day.

Two soldiers who guarded Glover during his initial detention at Fort Campbell heard him make remarks blaming Fisher. Specialist Carlos Rodriguez testified that, "Glover told me it was Fisher's idea." Rodriguez reported that Glover told him, "Fisher wanted to throw [Winchell's body] in the river. It was not supposed to happen like this." Another guard testified that Glover had confessed to beating Winchell with a baseball bat.

Winchell's parents were present at the hearing, which will continue on August 31.

[Ed. note: Condolences may be sent to them at Family of PFC Barry Winchell, P.O. Box 233, Grandview, MO 64030; or e-mail PFCBW@aol.com.]