U.S. soldier claims gay panic made him kill
Guardsman says he shot Iraqi soldier after consensual sex
By KEN SAIN, newyorkblade.com from the Web, January 7, 2005
A North Carolina National Guard soldier claims he shot an Iraqi soldier 11 times and killed him last spring after the two men had consensual sex while on duty near Tikrit, Iraq, according to a court martial report released by the military to media outlets.
Pvt. Federico Daniel Merida, 21, pled guilty to second-degree murder in the death of Falah Zaggam, a 17-year-old Iraqi national guardsman, military records claim.
After officials began an investigation into the death, Merida, who is married and has a 2-year-old son, used a gay panic defense as one of his three excuses for the crime.
Merida was sentenced to 25 years in prison in September. The Los Angeles Times first reported the case in October, but it has been mostly overlooked by mainstream America media.
The only other newspaper to do a major story on the case was in Merida’s home state of North Carolina last month.
When Merida claimed he killed Zaggam in a fit of rage after the two had consensual sex, he received a cool reception from military investigators.
 |
|
| Aaron Belkin, director of the Center for the Study of Sexual Minorities in the Military, said the fact
military officials did not accept a ‘gay panic’ excuse for murder shows progress by military officials |
|
“That’s what is fascinating about this case,” said Aaron Belkin, director of the Center for the Study of Sexual Minorities in the Military.
“About 20 years ago when America was much more homophobic than it is today, the ‘gay panic’ defense would have had a much-higher chance of working, but it appears in this case that the officers or judges didn’t let him use that.
That could indicate one small step the forward for the military.”
Zaggam’s friends and family told the Los Angeles Times they believe Merida tried to rape Zaggam, and then killed him to cover up what he had done.
The Blade was unable to obtain a copy of the court martial report. The following is what the report claims happens, according to the L.A. Times and the (North Carolina) News & Observer.
Merida and Zaggam were alone on guard duty in tower at a military base in Ad Dawr, near Tikrit last spring.
Before their shift was over, Merida had shot Zaggam 11 times and threw his body off the tower.
Witnesses reported hearing shots fired at 10:30 p.m. and then watched as a body fell from the tower.
“From the news accounts I read, it appeared to be premeditated,” said Jim Klimaski, a member of the Military Law Task Force.
“It looks like he waived his rights and there was no lawyer present. I don’t know, but just from reading those news accounts it appears the military just wanted this case to go away.
They had him in premeditation, but let him off with second-degree murder in exchange for a guilty plea.”
Merida first claimed that Zaggam had tried to rob him and he was forced to defend himself.
When skeptical investigators continued to challenge that story, Merida then claimed that the Zaggam forced him to have sex.
The third excuse was the two men had consensual sex and then Zaggam tried to blackmail him, saying he would reveal the affair to Merida’s wife and officers.
The Times quoted Zaggam’s family as doubting that claim because the teen could not speak English and therefore could not make any claims to U.S. officials.
They also said Zaggam was not a big man, and it was unlikely he could force Merida to do anything.
During the trial, according to the Times, Merida had witnesses testify that he was a victim of sexual abuse as a child and that might have led to his violent reaction.
Steve Ross, director of communications for the Servicemembers Legal Defense Network, said Merida did not contact his organization for help during the trial.
SLDN began in 1993 as an organization dedicated to helping gay members of the military.
No media reports indicated how Merida identifies his own sexual orientation.
“This is the first time that we have ever heard the ‘gay panic’ defense was attempted in a murder case,” Ross said.
Klimaski, of the Military Law Task Force, said this case is unusual in many respects.
He agreed with Ross that it appears to be the first time anyone has claimed ‘gay panic’ as an excuse, but pointed out it was not used in the defense since Merida pled guilty.
But he said it was strange for another reason.
“After the first Gulf War there was a number of murders at bases of units after the troops have come back from the Gulf War,” he said.
“Most of them had to do with domestic violence issues.
“But the violence usually came after they returned. There is usually not a lot occurring in the combat zone itself and the reason for that is you’re shooting the guy who is protecting your back.”
Neither Belkin nor Ross were willing to claim that the military’s antigay ‘Don’t Ask, Don’t Tell’ policy banning gay citizens from serving openly was a factor in this case.
They pointed out it certainly doesn’t help, but that Merida may not even identify as gay.
|
