Pa. Officers Cleared in Civil Trial

By TINA MOORE  Associated Press, November 8, 2001

 

PHILADELPHIA (AP) - Police are not responsible for the death of

a high school football player who killed himself after officers allegedly

threatened to tell his family he was gay, a federal jury decided late

Wednesday.

 

Jurors cleared three police officers in a civil lawsuit that

claimed  they caused 18-year-old Marcus Wayman's death

in 1997 by threatening to tell his grandfather he was gay.

 

Officers approached Wayman and a 17-year-old male friend in a

car.  Police frisked the teens, and found the younger one with two condoms.

Officers Scott Willinsky and Thomas Hoban took them to the station on

underage drinking charges.

 

Scott Willinsky later testified that both boys conceded that

they had stopped to have sex, although the 17-year-old disputes

making the statement.  Willinsky allegedly asked if they were "queer''

and threatened to tell their families they were gay.

 

Wayman told his friend he was going to kill himself.  A few

hours later, he found the keys to the gun cabinet at his home and shot

himself in the head, according to court testimony.  Wayman's mother,

Madonna Sterling, filed a civil suit over her son's death, charging that the

town and three of its police officers - Joseph Willinsky, Scott Willinsky and Hoban –

violated Wayman's right to privacy. 

 

Joseph Willinsky is the police chief and father of Scott Willinsky.  A spokesman for the

Lesbian and Gay Rights project of the American Civil Liberties Union, which represented

Sterling, said an appeal would be difficult.

 

"People feel this sense of progress.  We turn on our TV's and watch 'Will & Grace' and think

that things are better for gay people in America. Then, we turn around and see this kind

of thing,'' Eric Ferrero said.  "This kind of stuff still goes on.  What happened in Minersville

wasn't an anomaly.''

 

Joseph Willinsky, Scott Willinsky and Hoban do not have listed telephone numbers and could

not be reached for comment.  Defense lawyer Robert Hanna of Harrisburg could not be reached

for comment Wednesday night after normal business hours.

 

Sterling has never talked publicly about the case, according to Ferrero.  Minersville, population

4,877, is about 55 miles northeast of Harrisburg.