Calpernia Addams Archive: Tennessean

Pvt. Calvin N. Glover, 18, has been charged with premeditated murder in Winchell's beating death. Soldiers found Winchell unconscious July 5 outside his barracks. Because the incident occurred on the post, two men charged in connection with the death face military, rather than civilian, charges.

Glover's future rests with an "investigating officer" and an Army colonel, who has the authority to convene a court-martial. The investigating officer, Maj. Delbert Hall, oversaw the two-day hearing and will make a recommendation to Col. Robert Caslen.

Caslen can modify or dismiss the charges, recommend that administrative action be taken or he can refer the charges to trial by special court-martial. He can also hand it to his superior, who has the same options.

If convicted, Glover could serve a life sentence. Prosecutors also may ask for the death penalty, Fort Campbell officials said. The outcome is similar to penalty options in a civilian court under the same circumstances.

This week's hearing, analogous to a combination of the civilian grand jury and preliminary hearings, revealed unflinching testimony from peers and superiors of what Winchell withstood before his death, said Kathi Westcott, a staff attorney with the Servicemembers Legal Defense Network. SLDN organized outside the military five years ago to help gay and lesbian service members after the government adopted its "Don't Ask, Don't Tell" policy.

Westcott said her organization applauds two sergeants who were "courageous enough" yesterday to admit they knew of epithets hurled at Winchell.

Sgt. Eric Dubielak told attorneys he directly asked Winchell if he was gay after the rumors reached him. Both sergeants said no one in the chain of command ordered their soldiers to stop the harassment.

The situation is indicative of the hit-and-miss application of "Don't Ask, Don't Tell," Westcott said. Her organization recently published a report that said incidents of anti-gay harassment in the military more than doubled over the last year, jumping from 182 reported in 1997 to 400 reported in 1998. Instances ranged from verbal gay-bashing to death threats and violence, the report said.

The military should clarify the policy for its employees and give supervisors clear steps to follow in an instance like this, Westcott and others said.

Rhonda White, co-chairwoman of the Nashville area Lesbian and Gay Coalition for Justice, said yesterday her group "would like to encourage the military to delve into all aspects of this case, to look at motive.

"The Middle Tennessee community needs to feel safe having these soldiers in our neighborhood," she said. "Both the gay and straight community needs to feel safe."

Details of Winchell's last four months also troubled Calpernia Addams, a pre-operative transsexual who was Winchell's boyfriend at the time of his death. "Barry endured a lot more harassment than I ever imagined," Addams said. "I wish I could have comforted him and helped him through it."

Prosecutors produced testimony yesterday that Glover was irate July 3 after he lost a fight to Winchell, whom he called a "faggot," in front of other people on the post.

Defense attorneys for Glover pointed to other testimony that Winchell's roommate, Spc. Justin R. Fisher, had earlier fought with Winchell and was the source of rumors about his sexual orientation. It was Fisher, they said, who first linked Glover to the killing as he and several other soldiers were detained for questioning on the morning of the beating, July 5.

Fisher, 25, submitted his testimony on paper yesterday. He remains in pretrial confinement, charged with four related offenses. Prosecutors say he encouraged Glover to hit Winchell and lied to investigators. A hearing on those charges begins Saturday.