The Courier-Journal from Louisville, Kentucky • Page 4

mm mm fc the commtenL from page one Friday, December 10, 1999 A13 Gay soldier's killer sentenced to life, but has chance of parole Pfc. Barry Winchell died after he was beaten in the head with a bat. "Why were people allowed to taunt our son, hit our son and harass our son?" his mother asked. WWW (t I 1 1 UU UxLIU Winchell had beaten Glover in a fight 26 hours before the murder. Glover had vowed revenge, saying he wouldn't be beaten by a "faggot." Cynthia Brown, who runs the youth shelter, said Glover got along with black teens and at least one openly gay youth.

Her comments were in contrast to earlier testimony that Glover told others he hated blacks and homosexuals. Winchell's sexual orientation was an issue in the trial. Friends have said Winchell began revealing his homosexuality in the months before his death and had been dating a man who dresses as a woman and lip-syncs songs at a gay bar in Nashville, where Winchell hung out on weekends. Rumors of Winchell's homosexuality had been rampant in his unit in the weeks before his death. Testimony this week indicated that Fisher started the rumors.

Winchell's death was among the incidents that prompted Defense Secretary William Cohen on Aug. 13 to issue new guidelines for the "don't ask, don't tell" policy toward homosexuals in the military. Among other things, the four branches of the service were required to develop plans on how to train soldiers and officers about the policy. PENTAGON spokesman Kenneth Bacon said the Defense Department is working on new training programs for commanders to ensure a fair enforcement of the policy on gays. "There were certainly very disturbing charges made in the course of this trial about the atmosphere at Fort Campbell, and the commanders at Fort Campbell have said that after the trial is over they will review the compliance with the 'don't ask, don't tell' policy and all the relevant procedures and regulations that flow from that policy," Bacon said.

Bacon said the administration's policy has succeeded in ending the exclusion of gays from the military. "I don't think that you can declare the policy a failure based on one gruesome murder at one Army post," he said. In his statement yesterday, Glover repeated that he hadn't intended to kill Winchell. He apologized to his unit and his commander, Capt. Daniel Rouse, who had testified that the killing had broken the unit's bond.

"What occurred on July 5th was. a violation of that trust, a deep and great violation," Rouse said, "an abominable violation." Continued from Page One Under the military justice code, the jurors could have sentenced Glover to life without parole. But they simply chose life in prison, meaning he could be eligible for parole someday. The sentence announcement did not specify how long Glover must wait before seeking parole. The jury also ordered a dishonorable discharge for Glover, took away his military pay and returned him to the Army's lowest rank.

The same jury convicted Glover of premeditated murder Wednesday night. He left the courtroom yesterday without commenting. He will serve his sentence at a prison at Fort Leavenworth, Kan. Glover's parents also declined to comment. AFTER THE sentence was announced, Winchell's mother, Patricia Kutteles, read from a statement, calling the verdict just.

She was joined by her husband, Wally, and called on the military to end its policy toward homosexuals in the ranks. 'Don't ask, don't tell, don't pursue' did not protect our son," Kutteles said, tears welling. "It won't protect anyone else's child. This policy must end." They also questioned why the Army ignored excessive drinking in the barracks and why there was so little supervision. "Why were people allowed to taunt our son, hit our son and harass our son?" she said.

"It has become clear to us that these are issues that go beyond our son's unit, and we would like to see them addressed." She and her husband, Wally Kutteles, of Kansas City, testified during the sentencing hearing, saying Winchell loved the Army and one day hoped to fly helicopters or be an underwater welder. Patricia Kutteles, sitting in the witness stand and at times wiping her eyes, said she was proud of her son's military i accomplishments. She showed the jury Winchell's three commendation medals, the American flag that draped his coffin and a letter from President Clinton. She and her husband looked over pictures of Winchell projected on computer screens in the courtroom and into a building across the street, where reporters and spectators observed the three-day court-martial. 1 Patricia Kutteles said two pictures were her favorites one of her son during preschool, wearing a red cowboy hat and sitting atop a pony, and another of him as a teen-ager standing by water.

"He loved nature," Kutteles said. "That (picture) just kind of captures it for me." Winchell died July 6 after being beaten in the head with a baseball bat early the previous day. Glover, who admitted the crime Monday in hopes of getting a lighter sentence, said another soldier, Spc. Justin Fisher, encouraged the attack. Fisher hated Winchell because he was rumored to be gay and didn't keep his room clean, among other things, Glover's lawyer said.

Fisher and Winchell were roommates. Fisher was scheduled to be court-martialed Monday, but his case has been rescheduled for January. Testimony yesterday indicated that Army prosecutors have reached a plea agreement with Fisher, 26, in exchange for his cooperation. The most serious charges, of premeditated murder and accomplice to murder, would be dropped and Fisher would be sentenced to WA years for less serious charges of obstruction of justice, false swearing and providing alcohol to a minor. DEFENSE ATTORNEY Maj.

David Robertson, reading part of Glover's prepared statements before his client spoke, told the jury to consider Fisher's possible sentence and his role in the killing, which attracted national attention, especially from gay-rights groups. Two people testified in Glover's behalf a psychologist at Fort Campbell who evaluated him and the director of a youth shelter where Glover stayed periodically when he was having trouble with his family in his native Oklahoma. Capt. Denise Squire, the psychologist, said Glover has low self-esteem and uses alcohol to be more socially outgoing. She said he is easily influenced by others because he wants attention.

Glover's main defense was that he was a pawn used by Fisher to get back at Winchell. Help us help kids. is proud to sponsor the Holiday Heart Tree benefitting Salvation Army Assistance Services. This holiday season, help make an underprivileged child's holiday wish come true. Just visit the Holiday Heart Tree at any Lazarus store and pick an ornament off our tree.

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