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Verdict Returned: Guilty of First Degree Murder

PVT Glover Testifies That SPC Fisher Gave Him the Baseball Bat And Suggested He Attack Winchell After Teasing Glover About Having Had "His Ass Kicked By A Faggot" In Prior Fight

A five member military panel found Private Calvin Glover, 18, guilty of premeditated murder in the murder of Private First Class Barry Winchell. Army prosecutor Captain Gregg Engler in his closing argued that the evidence demonstrated beyond a doubt that Glover's motive for killing Winchell included (1) a predisposed hatred of blacks and "faggots," or words to that effect, and (2) revenge for a fight on July 3, 1999, where Winchell bested Glover. The military panel at Ft. Campbell, Kentucky will reconvene on Thursday morning at 07:00 to determine the sentence. A conviction of premeditated murder carries with it a mandatory life sentence, but the panel will have to determine if the sentence is with or without parole, whether Glover will forfeit rank or pay, and the characterization of Glover's discharge.

C. Dixon Osburn, Co-Executive Director of Servicemembers Legal Defense Network, said, "Justice is bittersweet. While we believe that the military panel made the correct decision based on the evidence, the decision will not bring Barry Winchell back."

Soldiers testified at the court-martial that Winchell faced daily anti-gay harassment, his command failed to stop the harassment, and Winchell confided that he did not know where to turn for help. Osburn stated, "This case shows 'Don't Ask, Don't Tell, Don't Pursue' at its very worst as the command and its soldiers violated the policy in every way by asking, pursuing and harassing Winchell."

Fisher is currently scheduled to face court-martial on December 13, 1999 on the charges of participating as a principal to premeditated murder; acting as an accessory after the fact; making false statements under oath; and obstructing the investigation.

Osburn added, "Once that court-martial has ended, the Army should move swiftly to hold the Ft. Campbell command accountable for multiple violations of 'Don't Ask, Don't Tell, Don't Pursue.' No command should ever allow harassment to thrive against any service member, for any reason."

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