Prosecutors crack down on LGBTQ-related hate crimes

Ingham County is learning a few more lessons in how to handle crimes against its LGBTQ community.

As the number of hate crimes rises nationwide, cops and prosecutors from across Greater Lansing were trained late last month in how to better investigate and pursue cases that involve victims targeted for their sexual orientation or gender identity. And the Ingham County Prosecutor’s Office is leading the charge.

“The benefit we can offer here and now is the idea that we’re getting conversations started with people who have had issues coming forward in the past for fear of how they’ll be treated,” said Assistant Prosecutor Angela Tripi.

Prosecutor Carol Siemon entered into a partnership in March with the statewide nonprofit Fair Michigan Justice Project, founded in 2016 by Dana Nessel, who was elected attorney general last year. The goal: Train local officials on how to be more respectful of those within the LGBTQ community, learn to identify inherent biases that motivate crimes and better defend victims in the courtroom.

“They’ve been working at prosecuting crimes but it’s also about having more consistent representation throughout the process with people who are specially trained to deal with hate crimes and understand the need behind it,” Tripi added. “It made sense to have protections extended where they currently are not right now.”

Michigan tallies the fourth-highest number of reported hate crimes in the country with nearly 400 incidents listed in 2016. That represents about a 30% spike from the number of reports in 2015 and pales in comparison to the average national increase of 4.6% during that same timeframe.

And officials suggested those numbers could actually be much higher. Michigan is one of 16 states that doesn’t statutorily label crimes against those in the LGBTQ community as hate crimes — which provides officials all the more reason to ramp up support for those victimized by an increasing level of nationwide bigotry.

“It’s a cultural competency test,” explained Fair Michigan President Alanna McGuire. “It shows the proper way to deal with LGBTQ victims so they can feel more comfortable. Historically, we’ve seen a lot of mistrust in the way they deal with law enforcement. Our program is geared to bridge that divide and restore some of that trust.”

A 1988 ethnic intimidation statute makes it a felony to “maliciously and with specific intent” harass someone because of their race, color, religion, gender or national origin. Sexual orientation is not included. And while gender has been interpreted to include transgender people, courts have yet to set any sort of formal precedent.

“There’s no statute that allows the prosecution of an additional offense for a felony hate crime,” McGuire added.

“This is about sending a message to the LGBTQ community that people are willing to take crimes against them seriously and make resources available to them. I’d love to amend the ethnic intimidation statute but that’s full of all sorts of red tape. In the meantime, I think we’ve been sort of lagging behind in a lot of basic protections.”

The partnership begins with countywide training sessions that focus on basic sensitivity. But Tripi, with continued support from Fair Michigan officials, will also remain a permanent advocate for the local LGBTQ community as all criminal cases that deal in anti-gay or anti-transgender bigotry are shuffled directly to her desk.

Fair Michigan officials point to an overall lack of education and sensitivity toward gay and transgender lifestyles  — especially among law enforcement. By better understanding victims of hate-based crimes and putting an advocate directly in their corner of the courtroom, justice will be able to move much more swiftly, McGuire said. The program first launched in Wayne County in 2016. Since then, prosecutors there have managed to secure 23 convictions for various capital crimes against lesbians, gays, bisexual and transgender victims, representing a conviction rate of 100%. Officials said outreach provided through Fair Michigan also helps identify more crime.

“I think for certain segments of the population, this program can make it easier for them to come forward,” said Assistant Wayne County Prosecutor Robert Spada. “We’re finding a lot more crimes targeted against transgender individuals. A lot of it is also about community outreach, and we’ve been seeing some great results.”

McGuire said the program helps show the LGBTQ community that justice can work for them too.

“Within any community, there has been a historic criminalization of being LGBT and being LGBT in public spaces,” said Zekiye Salman, president of the Lansing Association for Human Rights. “There has been a targeting of LGBT people across the country. There’s a real need for training to eliminate those biases.”

Sheriff Scott Wriggelsworth, for his part, plans to attend the training but doesn’t have many expectations for improvements. He thinks deputies already “serve that community very well,” but remains open to suggestions.

“We preach training all the time,” Wriggelsworth added. “I’m always happy to get in some additional training.”

As attorney general, Nessel has launched a statewide hate crimes unit to better document incidents that might not necessarily rise to a criminal charge.

“When we look at the mental health impact and the suicide rates and the rates of violence against the LGBT community, I think it’s really important to get the basics down,” Salman added. “I’m proud to be part of a community that’s really recognizing the need for these improvements and working to repair those relationships.”