three the next morning.
The trial was a surprise. The attorney, engaged by the Mattachine Foundation, made a brilliant opening statement to the jury in which he pointed out that homosexuality and lasciviousness are not identical after stating that his client was admittedly homosexual, that no fine line separates the variations of sexual inclinations and the only true pervert in the court room was the arresting officer. He asked, however, that the jury feel no prejudice merely because I'd been arrested: these two officers weren't necessarily guilty of the charges of beating another prisoner merely because they were so accused; it would take a trial to do that and theirs was coming the next day. The jury deliberated for forty hours and asked to be dismissed when one of their number said he'd hold out for guilty till hell froze over. The rest voted straight acquittal. Later the city moved for dismissal of the case and it was granted. The officers, in their trial, were found innocent although one was later suspended by the Chief of Police for the same charges.
Actually I have had very little to do with this victory. Yes, I gave my name and publicly declared myself to be a homosexual, but the moment I was arrested my name was no longer "good" and this incident will stand on record for all to see for the rest of my life. In a situation where to be accused is to be guilty, a person's good name is worthless and meaningless. Further, without the interest of the Citizens' Committee to Outlaw Entrapment and their support which gathered funds from all over the country, I would have been forced to
resort to the mild enthusiasm of the Public Defender. Chances are I'd have been found guilty and now be either still gathering funds to pay the fine or writing this in jail.
Yet I am not abjectly grateful. All of the hundreds who helped push this case to a successful conclusion, were not interested in me personally. They were being intelligently practical and helping establish a precedent that will perhaps help themselves if the time comes. In this sense, a bond of brotherhood is not mere blind generosity. It is unification for self-protection. Were all homosexuals and bisexuals to unite militantly, unjust laws and corruption would crumble in short order and we, as a nation, could go on to meet the really important problems which face us. Were heterosexuals to realize that these violations of our rights threaten theirs equally, a vast reform might even come within our lifetime. This is no more a dream than trying to win a case after admitting homosexuality. Dale Jennings
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