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The Accidental Martyr
They were two sailors on an uneasy ship. One became a killer,
the other his victim. What drew them together on an autumn night was
rooted long ago in a fear and revulsion that still haunt the American
psyche.
By Chip Brown
Esquire
December 1993
I. The Bathroom in the Park
His Martyrdom was subscribed where they found him, dying on the floor
of a bathroom in a park in Sasebo, Japan. It was half an hour before
midnight, October 27, 1992. His four countrymen in the shore patrol
had come running from about 175 yards away,alerted by a seaman and
a petty officer who had glimpsed part of the assault through a glass-block
wall and who, ironically, had been drawn to the bathroom by what they
thought were the sounds of a man and a woman having sex. Two of the
shore patrolmen went to search for a pair of sketchily described suspects;
the two remaining turned to the sailor.
He was unconscious but still alive, gargling up blood. His face
was so disfigured no one was sure of his race, much less his name.
Patrolman Anthony Aptimes got a pulse, then lost it. He wiped the
blood out of the sailor’s mouth with a T-shirt and pressed
on his chest, trying to restart his heart. With each compression,
blood trickled from the sailor’s mouth and bubbled out of
a gash on the bridge of his nose. It would have expedited the rescue
if the ambulance had been directed to come up behind the indoor
swimming pool on the road that paralleled the Navy base or had parked
out on the road itself. But the one landmark U.S. military personnel
know along the liberty trail, which connects U.S. Fleet Activities
in Sasebo to the five-dollar-a-beer karaoke bars in Sailor Town,
is the Albuquerque Bridge, the suspension walkway across the Sasebo
River. That’s where the ambulance was directed, and that’s
why the dying sailor was moved. Two shore patrolmen, a base security
cop, and Seaman Jonathan Witte slipped a jacket under his body and
carried him about a hundred yards, through the camphor trees of
Sasebo Park, where elderly blue-smocked women tend gardens by day
and spermy gaijin romance local maids at night. He was six feet
one, weighed about 180 pounds, and had blond hair. To Seaman Witte,
the eyewitness who’d sounded the alarm, it looked as if the
sailor’s nose had been shaved clean off his face. Witte cradled
the man’s head and stared at the tattoos on his arms. When
the group reached the bridge, they set the sailor down and flung
the blood off their hands. A crowd gathered. The ambulance arrived.
A corpsman rushed up with a breathing bag, another unloaded the
gurney. The sailor wasn’t breathing; his heart wasn’t
beating.
“Schneider?…” said a shore patrolman squinting
at the military ID he’d found in the sailor’s waist
pack. “Schluter?..”
“Schindler!” cried Seaman Witte, suddenly remembering
the tattoos. Two nights earlier Radioman Seaman Allen R. Schindler
had bought him a drink in Sailor Town. He was one of more than nine
hundred sailors stationed on the USS Belleau Wood under the command
of Captain Douglas J. Bradt. Witte was shocked; months later the
“mess specialist” or cook, would testify that he’d
been bothered by bad dreams and that he’d “smelled blood
for a week” and that the mess of Schindler’s face disturbed
him so much he had a hard time cutting meat.
Alerted by phone, Lieutenant Steven Skanchy hurried over to the
branch medical clinic; he’d arrived as the ambulance was pulling
in. It was ten to 12:00. The doctor ordered intravenous lines established
and a tube inserted down the victim’s trachea – no simple
procedure given the trauma to the sailor’s mouth and neck.
Lieutenant Skanchy and three other corpsman worked for nineteen
minutes trying to get the sailor’s heart to beat.
In the haste of emergency they could only make a cursory survey
of his injuries. What would become of the almost talismanic particulars
of the assault were compiled two days later during a six-hour autopsy
at the U.S. Naval Hospital at Okinawa. The patient lying in the
branch medical clinic that night had suffered at least four fatal
injuries to the head, chest, and abdomen. He had eight broken ribs,
fractures in the back of his skull and in the bones around his eyes;
his nose was broken; his upper jaw was broken; the whole middle
portion of his face was detached and floating loosely. There were
bruises and cuts on the surface of his neck, head, and chest; there
were bruises on his brain, on his lungs, his heart. The pericardial
sac around his heart was filled with 250 milliliters of blood, enough
to top off a juice glass. His liver had been turned to pulp “like
a tomato smushed up inside its cover.” The impact of blows
to the chest had torn his aorta; his bladder had been ripped open;
his penis had been bruised and lacerated. There were sneaker-tread
marks stamped on his forehead and chest. The pattern of his T-shirt
had been impressed on his skin. Seven months later Commander Edward
Kilbane, the forensic pathologist at Okinawa who had performed more
than one thousand autopsies, would testify that he had never seen
a more severe beating. The sailor’s injuries were worse than
the damage to a person who’d been stomped by a horse; they
were similar to what might be sustained in a high-speed car crash
or a low-speed aircraft accident.
All too soon it was obvious to Lieutenant Skanchy that no one at
the branch clinic could do anything to retrieve Radioman Seaman
Allen Schindler’s life. At nine minutes into the new day,
the doctor pronounced him dead.
II. The Sailor’s Mother
How many times had she told the story – and candlelight vigils
and fundraising dinners and television interviews – and each
time it wasn’t simply the death of her son she was describing
but her own emancipation from blind faith in authority and religious
prejudice. Yes, she still thought it was sin what gay men did in
their bedrooms, but so was adultery – and people weren’t
being banned from the military for that. She was forty-seven years
old, once divorced, once widowed; a woman with a florid face, short-strawberry
blond hair, and an armchair figure. She worked as a bookkeeper in
a Salvation Army church. Home was an hour south of Chicago in the
ripsaw blue-collar town of Chicago Heights, where she’d been
raised and where she raised her four kids and where life was only
incrementally richer than in the days of the Depression, when people
shot robins to get a little meat for their marinara sauce. Her house
was close to the tracks. You had to shout when the trains passed.
They were Navy down the line, her family. In the only picture she
had of her father he was in his Navy uniform – she was born
after he came home from the war in 1945; he died when she was five.
Frank Hajdys, her second husband, had survived the sinking of the
USS Arizona at Pearl Harbor. As for her oldest son, Allen, third
child after Kathy and Barbara, the portrait on the living-room wall
showed him standing proudly in his sailor’s uniform. She’d
seen him graduate from boot camp in November 1998; she’d displayed
the souvenirs he sent back from distant ports – African masks,
Australian boomerangs, kimono dolls from Japan.
What she would say over and over again is that Navy mothers know
what it means when dress blues come knocking. She’d been sitting
in her nightgown, cutting needlepoint crosses from a sheet of plastic,
and suddenly a Navy chaplain and a casualty-assistance officer were
standing there under the pressed-tin ceiling, regretting to inform
her that her son had been assaulted in a park and was dead. But
it had just been twenty-four hours since she’d talked to Allen
on the phone! He’d call once a week when the ship was in port
– she’d talked to him for eight of nine minutes. He
was in good spirits; he said he was being discharged soon and might
be home by Christmas. There must be some mistake!
The body arrived at O’Hare Airport on November 4, escorted
by a petty officer from the USS Belleau Wood who had been on the
ship only four days. The Navy had advised Mrs. Dorothy Hajdys not
to open the casket. When she had the lid lifted at the Steger Memorial
Funeral Home, she saw the uniform, the hat embroidered with his
name… but there was nothing familiar about the face, and the
eyes… were over where the ears should be. Close it now, her
brother said.
The next day during the wake she kept staring at the box. How do
I know that’s Allen in there? One hundred and fifty people
attended – family, neighbors, grade-school teachers, members
of the Bloom High School band who knew Allen when he played the
sousaphone. He had been a C student mostly; he’d taught swimming;
he’d played football; he’d gone to proms; he’d
sold kisses for a dollar to benefit charity. He’d worked at
a local pet store. Everybody knew he was nuts about animals. When
he joined the Navy – travel, adventure, money for college
under the GI bill – his mother inherited four turtles, a dog,
a white duck, a rabbit, and two hundred garter snakes. And if that
wasn’t enough, after his first year in the service he FedExed
her a Chinese crocodile for Mother’s Day.
Even the father who had turned his back on Allen came to the wake,
at Dorothy’s instigation. They had divorced when Allen was
four; a split the boy took hard and blamed on his mother until Christmas
1981, when she took him to his father’s house and Allen Schindler
Sr. slammed the door in his son’s face. After that, whenever
a form asked for the name of his father, Allen Schindler Jr. wrote
deceased.
AS the wake was winding down, Allen’s sister Kathy asked
Dorothy if she could open the coffin again. She wanted to look for
her brother’s tattoos. So the coffin was opened again, and
they rolled up the sleeves on the stranger’s uniform. All
that week every time the phone rang, Dorothy’s heart would
gallop, expecting it was Allen calling to say, “Mom, I’m
not dead.” On one arm were the inky outlines of a shark and
a tiger, and on the other, the insignia of the USS Midway. There
was no doubt now.
What there was, aside from grief, was the mystery of his death.
For six weeks the Navy had told Dorothy next to nothing. Every morning
she awoke with more questions. What was the fight about? What did
Allen do to provoke so much violence? She knew that two weeks before
his death he’d been to see the ship’s lawyer. What was
that about? Was that connected to his death? The letter from Captain
Bradt had clarified nothing. On November 23, Dorothy wrote to Senator
Paul Simon asking for help; Kathy mailed letters to all the members
of the Senate Armed Services Committee and to president-elect Clinton.
Dorothy contacted her newly elected congressman. She’d always
been a passive, quiet person, not one to speak out. Now she was
furious; she wasn’t going to let anyone shut her up. She was
having bad headaches. She’d been advised not to talk to the
press, but when she started talking to the press, the headaches
went away.
On December 6, she received a long-distance call from Rick Rogers,
a reporter for Pacific Stars and Stripes. He said that he had heard
the murder might have been a gay bashing. Dorothy had known since
June of 1990 that Allen thought he was gay; at the time she thought
he was confused, just going through a phase. The next day she received
a call from Captain Steven D. Marchioro in Japan. The young marine
prosecutor was handling the government’s side of the courts-martial
in Japan. Three times she put the question to him, the same question
she had asked the dress blues who came to her door and the petty
officer who had accompanied the body. Why, why, why had Allen met
with a military lawyer? Captain Marchioro finally acknowledged that
Allen had disclosed that he was homosexual and was in the process
of being discharged from the Navy.
That was the day, coincidentally, that condolences arrived from
acting secretary of the Navy Sean O’Keefe. Given the truth
the Navy was so reluctant to reveal, the letter could not have been
more ill-timed or its cant about solidarity and common cause more
galling; “Although our Navy is large, there is a special bond
among its members in the common cause of defending our precious
freedom. We are proud that Petty Officer Schindler chose to be one
of us…”
Now, six months after her son’s murder, she is climbing the
podium in a ballroom at the Mayflower Hotel in Washington D.C. How
things have changed since that awful evening in October! She who
had never met an openly gay man before Allen’s death, whose
impression of gays was based on Klinger in the TV show M*A*S*H*
- she’d been invited to address the black-tie regalia of a
top gay lobby, the Human Rights Campaign Fund. In the past six months,
she has testified before committees and conferred with legislators;
she’s opened an AAdvantage account with American Airlines
and racked up thousands of frequent-flier miles traveling to rallies
and vigils and press conferences. Her entertainment lawyer has signed
her to a $100,000 deal with Quest Productions, the producer is a
gay man. She has an $8 million civil suit pending against the Navy.
She has redone her hair, and people are telling her she should run
for office. She is effective and sought after because she is direct
and plucky and unpretentious; her speech is still sprinkled with
double negatives, but her words carry the weight of irrefutable
sacrifice. “The reason the Navy said they didn’t tell
me my son was gay was that they didn’t know if I could handle
it,” she will say. “They thought it might hurt me. What
gave them the right to decide that? How could they hurt me any more
than they already had?”
Tonight she is following Senator Edward Kennedy and Representative
Barney Frank, but she isn’t nervous giving speeches anymore.
In two days she will address the biggest gay-rights demonstration
in history – upwards of a million people. She is planning
to wing it as she is winging it now, standing before the $500-a-plate
crowd of mostly gay men. She tells them she knows Allen is up in
heaven saying, “Go for it, Mom!” They all have tears
in their eyes. They are better off, better dressed, better connected,
higher classed, more powerful, more refined; most of them can probably
name all the operas in the Ring cycle. But they are moved by her
devotion, which stands in such contrast to what many of them have
experienced in their own families; moved by a mother who does not
hang conditions on the love of her son.
When Mrs. Hajdys finishes her speech and is about to step down
from the podium, she sees that the actress Judith Light, who is
the evening’s willowy mistress of ceremonies, is also beaming
at her with tears in her eyes. Mrs. Hajdys is too new to fame not
to be thrilled about a B-list blond from Who’s the Boss? and
she lists toward the microphone again.
“You know, when I was in New York I met Tony Danza,”
she says and then points at Judith Light. “Now I want to meet
her!” If the ex-soap star is surprised at the light-speed
mood change, she finesses it. She smiles, rises, and opens her arms;
the whole room roars as the women embrace.
III. Blood on the Shoes
Charles Vins was the first to leave the bathroom in Sasebo Park.
His brown leather shoes were spattered with type-A blood. Terry
Helvey was right behind him, with type-A blood on his Levi’s
and on his white Nike sneakers and on the sleeveless blue-jean jacket
he’d borrowed from a friend. There was type-A blood on his
arms and hands too. They walked under the camphor trees toward the
river.
Both were airmen aboard the USS Belleau Wood. Both were from the
Midwest, lifted weights, and wanted to be Navy Seals. Both were
only twenty years old, and now both had Allen Schindler’s
blood on their clothes. We need to clean the blood off our clothes,
Terry said. They went down to the Sasebo River and sat on the concrete
steps of the embankment with their feet in the water. It was mostly
Terry who talked, and the subject was not what happened in the bathroom
but how they could get back to the ship without getting caught.
It was only minutes that they sat there, but it seemed like and
eternity.
Done at the river, they headed up the road that parallels the base.
They were nearly at the entrance of Fleet Activities when they noticed
two men running toward them. Helvey told Vins not to look back;
when the men approached he realized they were shore patrol –
Boiler Technician Kurt Parsons and Operations Specialist Michael
Johnson. Don’t run Helvey said to Vins.
Step into the streetlight Johnson said. Parsons recognized Helvey
as one of the sailors he had seen earlier that evening, drinking
in Nimitz Park, which is U.S. Navy territory and borders Sasebo
Park.
Have you been in the Park? The patrolmen asked. When they demanded
to see military identification, Vins reached into his pocket, but
Helvey said, “Run, Chuck!” and bolted. Vins took off,
too, but Parsons had a hold of his sleeve and dragged him down from
behind. Johnson pulled out his nightstick. Helvey came running back
and grabbed the stick. Johnson was much smaller. Helvey staggered
him with a knee to the head, and then knocked Parsons off Vins and
again exhorted Vins to run. They ran down International Boulevard
toward Sasebo; Parsons stayed with Johnson who was disoriented.
And so, Helvey and Vins escaped. They raced through a residential
area, hopping fences. They sat down by a house and began to bite
their pants in order to turn them into shorts. Terry threw away
his friend’s jean jacket and put on clothes he’d taken
from backyards. He removed the bloody laces from his sneakers. To
establish an alibi, they headed back into Sasebo to visit bars in
Sailor Town. They stopped by two, but had no money to buy drinks
and didn’t see anyone who recoginized them. They walked around
some more. They went into another public bathroom to check themselves
for evidence of a crime and then lingered on a bench to discuss
what they should say if they were questioned. Helvey said he would
say that he had gone into the bathroom to take a piss and that Schindler
had made a homosexual advance – that Schindler had approached
him with his penis out of his pants – and that Chuck should
say when he saw Schindler come onto Terry like that, Terry had just
“lost it” and lashed out. Vins would later say that
Helvey seemed proud of what he had done – bragging that he
had “dropped the guy with one punch.”
Around 3:30 in the morning, four hours after the assault, Helvey
and Vins got a lift to the back entrance of the base from a military
policeman who said he was out looking for two murder suspects. So,
Schindler had died. They didn’t meet the description, the
MP said. He dropped them off at the base gate; the quarterdeck watch
logged them as coming across the bough of the Belleau Wood at 4:00A.M.
Helvey spoke to a shipmate, Dave Hall, who told him that Allen Schindler
had been killed by four guys from the USS Dubuque. Helvey was trying
to act like he was really drunk, but before he headed to his berth,
he hid his blood-stained Nikes in the room where the ship’s
weather balloons were stored.
Two and a half hours later, Naval Investigative Service Agents
pulled Helvey out of his berth. As they led him down the passageway
to the master-at-arms’s office, he passed a shipmate, Gerald
D. Maxwell. “I didn’t mean to do it,” he said,
“but the bastard deserved it.”
IV. The Official Story
The day after Allen Schindler was beaten to death, Lieutenant William
S. Spann, a public-affairs officer from Command Naval Forces Japan
headquarters in Yokosuka, on Tokyo Bay, flew down to the U.S. Navy
base at Sasebo. With its strategic access to the sea of Japan, the
sultry, sleepy, mountain-ringed city on the far southwestern island
of Kyushu served as the home port for six U.S. warships, the most
recently arrived of which was an amphibious assault ship called
the USS Belleau Wood.
Fleet Activities Sasebo was rife with wild stories about the killing.
As provided for in treaty protocols, the Japanese police had turned
the investigation over to the U.S. authorities. It was Lieutenant
Spann’s job to “quiet the rumor mill’ and see
that a news release was issued to follow up the bulletin put out
by the Belleau Wood. A brief account of the killing, dated October
29, was duly prepared. The victim’s name was omitted pending
notification of next of kin; the initial report noted the arrests
of two suspects, but not their names. It had also noted that the
assault had taken place “in a park approximately three blocks
from the base.”
From the start the Navy was concerned enough to keep close tabs
on the coverage in the press – what of it there was. Some
gripping footage of the bloodbath in the bathroom had been aired
on Japanese television. But at that point the murder was just a
local story that reinforced the widespread Japanese impression of
Americans as violent cowboys who made lousy cars. A brief item,
written by reporter Rick Rogers, appeared in the October 30 issue
of Pacific Stars and Stripes, the independent military newspaper.
To Roger’s inevitable question of what caused the fight, the
Navy spokesman he quoted anonymously couldn’t speculate other
than to say, “This was an apparent beating death with no known
racial motivation or drug involvement.” Rogers, a doughty,
sawed-off thirty-year-old Army sergeant with a lantern jaw and Dick
Tracy-esque mug, wanted to pursue the story. “Some guy getting
iced, it doesn’t happen around here that often,” he
explained months later. He asked to attend the court-martial, which
is generally a public proceeding, open to the press. He repeated
his request every day for a week, and then weekly for the next month,
and each time he was assured by the public-affairs office at Command
Naval Forces Japan in Yokosuka that he would be kept informed and
permitted to attend. Assurances notwithstanding, the first of the
defendants – Charles Vins – was court-martialed on November
23. Rogers, like everyone else in the press, heard about it after
the fact.
Who could have known that within a matter of months, the death
of a young sailor halfway around the world would come to symbolize
the struggle to end fifty years of discrimination against gay servicemen
and servicewomen in the United States? Or that hundreds of thousands
of protesters assembled on the mall in Washington D.C., would take
up the martyred sailor’s cause and, driven to their feet by
the colloquial oratory of his mother, would tomahawk their fists
at the Capitol and cry, “Justice! Justice! Justice!”
V. A Central Motive
Military justice has often been faulted for being an intramural
process that is as much concerned with reaffirming the image of
military authority as with punishing violations of military law.
Months after the fact, a Navy spokesman would blame the failure
to hold the court-martial of Charles Vins in view of the public
on a “bureaucratic screwup” – that is, an oversight,
not a calculation that backfired. But by then the damage was done,
and the Navy looked as if it was trying to hide something at a time
when the service’s reputation for rigorous self-scrutiny was
already showing a lot of tarnish. (The grabass bacchanal at the
Tailhook Convention in Las Vegas in 1991 had initially been brushed
aside as just hetero frat-house fun, and the 1989 USS Iowa disaster,
in which forty-seven sailors were killed in a gun-turret explosion,
was wrongly blamed on the “unhappy gay sailor” syndrome.)
Now came the government versus Charles E. Vins. As he wrote later
in a bid for clemency, Chuck Vins had given up “a brand-new
truck, college, my job, my girlfriend, and most of my freedom”
to join the Navy in the summer of 1991. Such was his desire to become
a Navy Seal that he took leave time to return home to Chicago and
undergo an operation that would sharpen his 20/200 eyesight. But
joining the Seals was not to be. He was assigned to the USS Belleau
Wood in June 1992. Shipmates in his division found him to be “neat,”
well-mannered,” and given to an “impeccable appearance.”
Why would the Navy not have wanted the press to cover his court-martial?
The simple answer is that the court-martial revealed the nature
of the murder, which the Navy was loath to acknowledge even to the
victim’s mother much less to the public. If reporters had
been on hand, however, they might have pounced on the process as
well, for the Navy took what seems to have been a rather casual
attitude toward the crimes of Charles Vins.
When Captain Steven Marchioro, the prosecutor, stood before Commander
David P. Holcombe, the military judge, and argued that the crimes
to which the accused had pleaded guilty warranted a two-year jail
term, the speech was academic. Four days before the trial, Vins
had been granted a plea bargain that limited his jail time to a
maximum of four months. The prosecution dropped the murder and assault
charges, and Vins agreed to plead guilty to three lesser offenses,
including failure to report a serious crime, and to testify truthfully
against Terry Helvey.
Vins Had also entered into a stipulation of fact, a three-page,
single-spaced document that detailed what all the parties in the
case believed to be a truthful account of the airman’s role
in the death of Seaman Schindler. Vins was hoping to stay in the
Navy, and in his closing arguments Lieutenant Paul K. Nishiie, his
defense counsel, appealed to the court to look leniently on his
client. “Airmen Apprentice Vins did not run toward the restroom,”
said Lieutenant Nishiie. “He didn’t throw a single blow.
He didn’t so much as make a single angry gesture toward Schindler.”
It is hard to imagine a military lawyer intentionally misleading
a military court or concocting such an assertion from thin air.
He had to have been relying on the stipulation of fact, although
what the document actually says is a mystery, for the Navy, as of
this writing, has refused to release it even under the Freedom of
Information Act. The point is that on November 24, contrary to what
Lieutenant Nishiie said in court about his client on November 23,
Vins gave a more complete account of his participation in the death
of Seaman Schindler. He was not, as his lawyer had claimed, a simple
onlooker. He had made a few angry gestures himself. He had kicked
Schindler in the head. And then, he told the Naval Investigative
Service, “using the toe of my right foot, I kicked Schindler
on his left side. He did not fall backward, so I believe I kicked
him in the same manner and the same location two more times.”
Why wasn’t this statement obtained when the facts of the
case were stipulated to? Vins had agreed to testify truthfully about
his participation in the murder when the terms of the plea bargain
were agreed to on November 19 – four days before his lawyer
represented him as a pacifist to the judge, who could have given
Vins an even lighter sentence than what was set forth in the plea
bargain. The plea bargain, which incorporated the stipulation of
fact, was formally signed on November 23; defendants customarily
affix their signatures to such documents under penalty of perjury.
The Navy maintains that Vins’s cooperation and testimony were
crucial to the prosecution of Terry Helvey, but it’s not unreasonable
to draw the conclusion that the government botched the investigation
and that an airman who participated in a fatal assault got off with
a slap on the wrist.
Two more weeks passed after the court-martial of Charles Vins,
and still the Navy said nothing about the nature of Allen Schindler’s
murder. In fact, the central motive – the nature of the crime
– was known within hours of the killing. It was known by agents
of the Naval Investigative Service, who did not simply stumble onto
it but proposed it during their interrogation of Terry Helvey. The
legally naïve airman seized on the proposition and poured out
a confession under the mistaken impression that his feloniousness
might be extenuated by the sexual status of his victim. (Was the
idea so far-fetched given the implicit sanction on antihomosexual
attitudes in the Pentagon?)
Allen Schindler was murdered because he was gay. But for six weeks
Navy public-affairs officers were more concerned with monitoring
press reports than informing them. Even as official message traffic
griped negative and inaccurate coverage, the Navy spread confusion
of its own. One official “Q&A” posed a series of
questions:
Q: “Is any of Airman Vins’s sentence suspended?”
A: “Suspension of any charges cannot take place until the
convening authority reviews the case. This normally takes two to
six weeks following the trial.”
That’s an answer designed to obscure, not clarify, a sweetheart
deal. The convening authority was expressly prohibited from altering
the terms of the plea bargain.
When another motive for the murder did appear three months later,
in February 1993, it’s instructive how quickly some Navy news
managers embraced it. A USS Belleau Wood sailor named Victor Christian
stated in an affidavit that Terry Helvey himself was gay and that
he’d been romantically involved with Allen Schindler. Surfacing
just as President Clinton’s intention to lift the ban on homosexuals
in the military was making Schindler’s murder exhibit A in
a nationwide debate, this startling and, as it turned out, incorrect
information changed the content of the story from a gay bashing
to a violent quarrel between tow crazy queers. It could even be
constructed as an example of why the military should fortify, not
abolish, the ban on gays. The allegation first appeared in a story
in The San Diego Union-Tribune, written by the reporter who had
broken the Tailhook scandal. Christian, who in later December had
written Mrs. Hajdys a sympathetic letter and had enclosed photographs
of Helvey and Vins, was apparently pulling some sort of perverse
publicity stunt; he failed a lie-detectortest and eventually recanted
his tale.
The Navy might have succeeded in separating Allen Schindler’s
murder from the context of a gay bashing if it hadn’t been
for three gay American civilians whom Schindler had befriended just
before his death. Eric Underwood, Valan Cain, and Rod Burton were
dancers performing in a show at Huis ten Bosch, a replica of a Dutch
village about half an hour by train from Sasebo. They’d met
their friend Al in a bar in Sailor Town. Outraged by the Navy’s
failure to mention the victim’s sexuality and by what they
learned from other sailors was the nature of the attack, they drafted
a letter in early November: “To whom it may concern: A friend
of ours, Al, who was in the process of being dismissed from the
Navy due to his homosexuality, was brutally beaten beyond recognition
and left to die in a park-bathroom urinal… The reason for
the murder was reported by the Navy as ‘a difference of opinion’
and not the grievous crime of ‘gay bashing’ that it
was… Why should the death of an admitted homosexual be swept
under the carpet by the U.S. Navy? Why does the U.S. military get
away with this discrimination?… This letter is being written
in hopes that Al did not die in vain…”
They mailed the letter to a number of newspapers and gay publications.
Only Pacific Stars and Stripes picked up the lead and on December
13, the day Allen Schindler would have been twenty-three, published
the dancers’ allegations. With the leverage of the letter,
reporter Rick Rogers had managed to get an anonymous Navy spokesman
to confirm that “the homosexuality issue is certainly a motive
being investigated.”
The day after the story appeared, there were five television stations
on Dorothy Hajdys’s lawn. The sensational news was broadcast
on American television networks over the next few days and explored
in more depth over the next few weeks by major newspapers trying
to catch up. A crime that had been just a squib in a news digest
would, by early spring, be the most voluminously covered and politically
significant gay murder since the 1978 assassination of Harvey Milk,
the former San Francisco supervisor and first openly gay elected
official in the United States.
VI. The Nasty Activist
A gay magazine once called Michael Petrelis “America’s
nastiest activist.” At thirty-four, he had recently moved
from New York to Washington D.C., to open a branch of ACT UP, the
AIDS advocacy group known for its guerilla tactics. While he was
an unapologetic firebrand with a knack for incendiary sound bites
and had been reproached by many in the gay community for “outing”
former Defense Department spokesman Pete Williams, he had an inspiring
willingness to chase dragons into their lairs.
On December 17 he spotted a brief item in The Washington Times
about the possible gay bashing of an American sailor in Japan. He
looked around for stories in other newspapers. He couldn’t
find any. Something’s not right, he thought. He called a friend
and said he was going to do something about it. He was going to
turn Allen Schindler into “the gay Rodney King.”
Petrelis had nothing new to pass along other than his outrage and
his opinion that the ban killed Allen Schindler, but he organized
a press conference on the steps of the Pentagon and got the local
CBS affiliate to turn up and a guy from Reuters and the Army Times.
Lo! There were reports that night about the case on local CBS and
ABC stations. He sent out faxes and made telephone calls. He called
Dorothy Hajdys, not knowing what she’d think when he identified
himself as “a queer activist.” She’d been quoted
as saying her son wasn’t gay. She listened while Petrelis
said he saw the killing as a political case, and whether or not
her son was gay, the perception that he was had contributed to his
death. He told her he wanted to put her son’s autopsy pictures
on placards and to confront people with the price of the ban.
As the preliminary phases of the Helvey court-martial approached,
Petrelis sent out letters to raise money so he could go to Japan.
He had no credit cards, no salary, no savings, but the story was
too important to ignore, and it seemed to him that the mainstream
gay-rights groups weren’t doing anything. Someone had to keep
the focus tight. “Allen Schindler screams to me from beyond
the grave!” he said. A $1,500 check arrived by overnight mail
from the head of a gay-porn studio in San Francisco. David Geffen’s
foundation sent $2,500; some thirty-five donors contributed more
than $8,000. He scheduled a press conference to be held at the airport
upon his arrival in Japan, but there was an earthquake in the western
part of the country and nobody showed up. He called another one
and reporters turned out to hear him demand an independent investigation
of the case. He got a meeting at the American embassy. In Sasebo
he met sailors from the USS Belleau Wood and got onto the base.
Seven-hundred-dollar-a-month phone bills were pling up back at home.
As Michael Petrelis pressed Schindler’s cause in the East,
friends of the slain sailor were rallying in San Diego. To the gay
community of San Diego, Schindler was not just a political tool.
Many people had met him, served with him, danced with him, and helped
him come out.
VII. Queers on Board
When Seaman Schindler arrived in San Diego in the fall of 1988,
he was careful not to advertise his nascent homosexual feelings.
By necessity gays in the military live a covert life of signifiers
and codes. They find each other by a kind of “gaydar”
and know each other as “family.” He approached the gay
scene as he approached his own sexuality – with an eager curiosity
and a sort of gee-whiz innocence. In his right ear he wore a right-is-wrong
stud or salamander earring. He wore colored rings on his right hand
and a rack of rainbow-colored gay-pride rings around his neck. He
took up smoking clove cigarettes. He sometimes wrapped his three-foot-long
monitor lizard in his overalls and carried it into gay clubs. He
was still the first-class Boy Scout from the Midwest with a comic-book
collection and traces of baby fat on his face, a kid who liked to
sketch and speak Star Trek lingo; he had a big appetite and the
table manners of a lizard. Whenever he was troubled, he went quietly
to ground.
“Al was sweet,” said Jim Jennings, a friend and former
lover of Schindler’s who had an honorable discharge from the
Navy. Jennings received a videotape from Schindler when he was home
on leave for the last time – ten minutes of chitchat and fifty
minutes of Warhol-like footage of Al’s fish tank. Schindler
had gotten to know other young gays at Café Pigalle, where
he was a regular, scribbling in his journal and sipping coffee he
cloyingly sugared with buckets of honey and Sweet’n Low. In
his journal he was careful to be discreet, referring to the men
he liked only as his “blond things.”
In June 1990, home on leave, he came out to his family. They were
confused. They didn’t believe him. They asked him wasn’t
he worried about AIDS. “It’s not like you think,”
he told his sister Kathy.
He was transferred to the USS Midway in January 1991. His eleven
months aboard the storied carrier were among his happiest days in
the Navy. He reenlisted in order to sail on the Midway’s final
cruise before decommissioning; under a special program his sixteen-year-old
half brother, Billy, joined him for the passage from Seattle to
San Diego.
In December 1991 Seaman Schindler was transferred to the USS Belleau
Wood, a troop-transport ship, and his love affair with the Navy
went sour in a hurry. In Klingon-speak, the Belleau Wood was a “veq
duj,” or “garbage scow.” It was the “Helleau
Wood.” He had the b on his ship’s cap altered to an
h. Afraid his mail was being read, he sent back heavily taped letters
with a picture of a seal drawn on the envelope flap and the warning
“void if seal is broke.” He had been able to speak openly
if discreetly about his sexuality on the Midway, according to his
friend Rick Gonzales, but on the Belleau Wood he found a much more
hostile attitude.
When in September the Belleau Wood departed San Diego for its new
home in Sasebo, Japan, the pressure got worse. “Here I am
again on a ship I don’t want to be on, going to a place I
don’t want to go,” Schindler wrote in his journal. “For
now I don’t know what my destiny is if I have one.”
“I saw the harassment personally,” said former Belleau
Wood shipmate Rich Eastman, now out of the Navy with an honorable
discharge. He and Schindler were part of the so-called Fabulous
Five, a group of discreetly gay sailors who hung out together. “People
bumped into him and shoved him out of the way. They made comments
– ‘Queers coming down the passageway.’”
Petty Officer Keith Sims, another member of the Fabulous Five, said
that sometimes people carrying soup would pretend to stuble and
spill it on Schindler.
When the Belleau Wood pulled out to sea to ride out Hurricane Iniki
in ocean waters off Hawaii, Seaman Schindler was one of many sailors
who didn’t get back from shore leave in time. But, says Eastman,
nobody else was written up for unauthorized absence and punished
at a captain’s mast – a non judicial proceeding.
En route from Hawaii to Japan, Schindler’s turmoil deepened.
He was tired of dissembling. On watch one night he threw a dime
overboard and made a wish – which he hinted in his journal
had to do with getting off the ship. While operating the radio,
Schindler transmitted a prank-call sign that effectively broadcast
his sexual orientation to much of the Pacific fleet: “2-Q-T-2-B-S-T-R-8.”
When he read it quickly it sounded like “too cute to be straight.”
He was, as he noted in his journal, letting “my true colors”
out. He had been talking about his true colors with the ship’s
chaplain, and finally his soul-searching reached a climax on September
25, when he appeared at captain’s mast for the unauthorized
radio message. He requested that the hearing be closed. It was open,
with two hundred to three hundred people in attendance. He had often
gotten ragged for wearing an earring. He had a film canister with
nine studs and, provocatively, he wore one of them to the mast.
At one point Schindler covered the microphone and whispered to the
captain, “You know what I am.” He was given thirty days’
restriction to the ship. At a meeting with the ship’s executive
officer, he admitted that he was gay. “If you can’t
be yourself,” he wrote in his journal, “then who are
you?” He met with the ship’s legal officer, Captain
Bernard Meyer, and with the captain, Douglas Bradt. He was told
the processing of his discharge would take two weeks. He was told
to report any incidents of harassment. Rich Eastman says Schindler
told him he had made complaints of harassment to his division officers
but was discouraged because the complaints were not passed up the
chain of command. The Navy says there is no record of Schindler
filing any complaints of harassment.
On October 2 he wrote in his journal: “More people are finding
out about me. It scares me a little. You never know who would want
to injure me or cease my existence.” By October 20: “It
would be a great idea for people of our type to stay together, especially
when times are rough. I don’t want anybody else to go through
the torture I did.”
Schindler was overjoyed to get off restriction on Friday evening,
October 23. In five days the ship was shoving off for the Philippines,
so he had a few nights to unwind in Sailor Town. On Saturday night
in a bar called Captain’s, he met Valan Cain, one of the Huis
ten Bosch dancers, and a young Dutch exchange student named Natasha
Rijnbeek. Natasha had a five-by-seven modeling card of Eric Underwood,
another of the dancers. Allen was mesmerized by the face of a paradigmatic
“blond thing” and eagerly returned the next evening
to meet Eric at the Fuji Hotel in Sailor Town. “Valan brought
him by,” recalled Eric Underwood, who had a long-term monogamous
relationship already. “I kind of felt sorry for him. He was
dealing with people who didn’t understand him, or care to,
and when he found people he could talk to, he was thrilled.”
When he returned again Monday night, Schindler brought a sketchbook
of cartoons he’d drawn on restriction and photographs of his
family and the gay-pride parade he had attended in Long Beach, California,
the year before. “Valan and I asked him about what happened
on the ship,” Underwood said, “and he said that as far
as harassment goes, he felt lucky not to have seen more.”
Back on the Belleau Wood Monday night, Rich Eastman went to bed
in his berth, rack number 61 in the Air Department, V-3 division.
While he was asleep someone approached his berth and hit him in
the face, giving him a cut under his right eye and a bloody nose.
“We don’t want any fags on our ship,” the person
said. “You better get off our ship.” Within hours of
Schindler’s murder, Belleau Wood commanders removed Eastman
from the ship for his own safety.
That next evening, Tuesday, the last day of Allen Schindler’s
life, he bumped into Valan Cain around 7:00 P.M. Schindler told
Cain he was on his way to an AA meeting and that he would come back
later that night to say his last goodbye to Valan and Eric; the
ship was scheduled to pull out Wednesday morning. Eric Underwood
got back to his hotel around midnight. He noticed a lot of military
police on the streets with somber expressions. “One of Valan’s
friends called up the next morning and said Allen Schindler had
been beaten to death in the park in a restroom. We were stunned.
I cried for two or three days. I knew his character. He was a harmless
guy. He was easygoing and genuinely friendly, and he of all people
did not deserve to die. When we heard that the Navy was saying the
reason for his murder was a difference of opinion, we couldn’t
let that rest. Allen tried to live his life honestly. He was learning
about his sex and for that he was brutally murdered, and now his
death was being swept under the carpet. We wanted the Navy to admit
that it was a gay bashing and to make the world realize that the
only reason Allen Schindler’s life was taken was that he was
gay.”
Using the computer in the production office at Huis ten Bosch,
the dancers wrote the letter that launched Allen Schindler’s
posthumous career as the gay Rodney King.
And in San Diego, there was nothing his friends and supporters
could do for him now, other than to make it impossible for the Navy
to deny the context of his death. They gathered the first week in
January at the Lesbian & Gay Men’s Community Center, which
is puckishly located on Normal Street in the Hillcrest neighborhood.
A memorial service was planned for January 17 at the Metropolitan
Community Church; Jim Woodward of the San Diego Veteran’s
Association agreed to raise money to fly in Schindler’s mother.
Schindler’s friends were asked to draft statements to document
what the dead sailor had told them about his treatment aboard the
Belleau Wood. Christopher Brown, who knew Allen from Café
Pigalle, said that Schindler had told him people on the Belleau
Wood called him faggot and fucking queer. Jim Jennings said that
Al had said people on the ship were always calling him a faggot,
and when he was heading out for an evening on the town, they’d
say, “Oh, you’re probably going to a fag bar.”
A Navy active-duty serviceman who had spent much of the summer of
1992 with Schindler in the Navy Alcohol Rehabilitation Center said
that Schindler had told him he wasn’t an alcoholic and that
he’d been sent to the center to “cool off” after
he had complained to his commanding officer about crew members who
were gluing his locker shut and saying, “There’s a faggot
on this ship and he should die.”
The atmosphere aboard the USS Belleau Wood vis-à-vis the
treatment of gay sailors is still in dispute. Journalists and gay
activists were quick to brand the Belleau Wood a “rough ship.”
Americans hired to perform at Huis ten Bosch said men and women
were warned by the production company to stay off the streets when
the Belleau Wood was in port. Its reputation wasn’t helped
when many of its sailors got involved on a giant brawl on October
9 that spilled off the base into Sailor Town. Sasebo’s ubiquitous
vending machines, some of which dispense beer, were overturned in
the street. Shore leaves were canceled and general quarters declared
at 12:45 A.M.
One the other hand, Steve Morgan, the American owner of the Sailor
Town bar Shooters, says that the ship’s bad reputation is
overblown. Lots of nice people on the Belleau Wood; just a few “bad
apples.” “The town was really wild twenty years ago
when there were about seven hundred bars,” he said.
Months after Seaman Schindler’s death, stung by the accusations
of a floating Animal House in the fleet, the Navy conducted an investigation
on board the Belleau Wood “to determine the conditions and
attitudes that prevailed at the time of the murder.” The report
concluded that the ship’s command and senior personnel “actively
discouraged violence, threats, and illegal discrimination of any
type, including against homosexuals.”
VII. The Killer's Scars
All that spring, Terry Helvey had called home weekly from the brig
at the U.S. Navy base in Yokosuka, Japan. Home was halfway around
the world in Fredericktown, Missouri. He was maintaining his innocence
then, saying Chuck Vins was the guy who killed Allen Schindler.
If Terry was guilty, it was of misplaced loyalty to a buddy who’d
sold him out. His mother, Regena, who’d had a phone installed
and was struggling to keep up with the $500-a-month bills, was desperate
to believe him. “My son is innocent of murder,” she
wrote in a letter to the Democrat News in March. “He has given
the name of the person he is sure is responsible…” Most
of Fredericktown wanted to believe him, unable to square the story
in the papers with the kid they knew, the kid they’d watched
grow up, the kid they’d cheered when he starred as the six-feet-four,
all-conference, all-district center for the Fredericktown Blackcats.
The hometown boy.
As they’d tried to help him when he was growing up, they
were trying to help him now. Verna Thompson organized an auction
that raised $700 for a legal-defense fund; people donated lube jobs,
oil changes, flower arrangements, and sessions at the tanning salon.
A dance at the Eagles club netted $600. Helvey’s friends placed
spare-change buckets in restaurants and gas stations; they’d
set up a friendly roadblock on courthouse square to shake down motorists.
Their intentions were the best, they hoped the best for his future,
but if there was something hollow about the effort, it was because
he’d broken a covenant with them; assuming what the papers
said was true, no one could really understand it. Misfortune of
this order scourged their faith. They did not want to believe, as
Philip Larkin once wrote, that “man hands misery on to man.”
Fredericktown lies in the Ozark foothills two hours south of St.
Louis. It lies, more aptly for the purposes of this lament, along
the Trail of Tears, which delivered the Cherokee to their exile
in Oklahoma. Most of the hardwood forests have been cut, and what
sawmills are left churn out packing crates and shipping pallets.
The county economy survives on ranching and farming and the remnants
of a mining industry; there’s one movie theater, a couple
of local rags, and hardly any news.
I drove down from St. Louis to call on Regena Helvey and her sister
Sheryl Sarchette about a month before Terry Helvey’s trial
in Japan. They had not been able to raise enough money to hire a
civilian lawyer, but Terry’s military counsels – Leiutenant
Jacques Smith and Major Bernard Doyle – had flown to Fredericktown
and were videotaping testimonials from Terry’s friends and
supporters. The statements would be presented at the court-martial,
which Regena and Sheryl were planning to attend. They were braced
for the worst, but they hadn’t faced it yet.
At forty-one, Regena had most of the leggy good looks that had
made her want to model when she was younger, but she seemed to exist
within a protective air of sphinx-like detachment, and her eyes
were filled with faraway sorrows. Like Dorothy Hajdys, she had not
had an easy life: Her parents had divorced when she was six, she
was forced to be the parent to her sisters and brothers; she’d
been physically abused by a neighbor and battered by two husbands.
She had been just sixteen, living at her mother’s in Detroit,
when she took up with Colin Helvey, a glue-sniffing, heroin-shooting
musician and tattoo artist. By the time she was twenty, she had
two sons, Wade and Terry. Terry was born while his father was in
jail, serving a ninety-day sentence for possession of drugs while
in the U.S. military. Regena left the kids her mother’s care
to follow Colin to California; she moved back to Michigan a few
years later and then divorced him.
Regena fell in with a truck named Ron Lynch and gave birth to Terry’s
half sister, Becky. Ron Lynch handed his miseries on with his fists.
He hit his stepsons. When he was four, Lynch closed Terry’s
hand in a bathroom door; the tip of Terry’s right index finger
had to be amputated. Regena tried to stick up for her kids, but
for those complex reasons that seem to paralyze battered wives,
she was unable to break away. “Sometimes, she would say, ‘This
is enough,’” said Sheryl Sarchette. “She kicked
Ron out a couple of times. She packed up his stuff, but she let
him come back. I don’t understand it. Love’s blind.”
Regena didn’t have any money or a profession. She worked
in bars and factories, often leaving the kids unsupervised. “We
were so hungry we used to steal food from our own house,”
recalled Terry’s older brother, Wade. “We never had
coats in the winter – I still don’t wear a coat. I guess
I’m immune to the cold.” When the family moved to Fredericktown
in January 1980, the stepfather’s violence got worse. Wade
and Terry lived in terror of Friday evenings, when Ron would roll
in from the road in time for supper. They weren’t allowed
to look up from their plates or ask for seconds. They weren’t
allowed to crumble crackers. Ron took a cake that Gena had baked
from scratch and smashed it in her face. He broke a leg off a table
and beat her with it. He gave her the welt of scar tissue that is
still visible under one of her eyes. He cracked a paddle over Terry’s
face – the scar crosses Terry’s chin. The boys often
had welts on their backs and knots on their heads.
“Ron always used to call us fags, ‘You little faggots,
you little queers,’” recalled Wade when I talked to
him over the telephone. “Terry doesn’t remember much
of what happened, he doesn’t hold grudges. But I remember.
I seen Terry get the hell beaten out of him by Ron. He used boards
and paddles. We’d hide his paddles. He would throw us against
the wall. He wasn’t drinking. Whenever he was drunk, he was
nice. My mother didn’t turn her back on us, but she didn’t
really help us. One time Ron scrubbed Terry’s ass with a wire
brush until it bled. He wouldn’t let us go to the bathroom
in the house. He’d say, ‘Get the hell out of here, you
shoulda shit while you were at school.’ Terry was afraid to
go the bathroom in elementary school. One time we couldn’t
hold it no more. I was nine, Terry was seven, we got to Becky’s
room and we shit and pissed in her closet, in a roll of linoleum.
A week later he found it, and he went and got us a fork and he made
us eat it. That’s the worst thing in the world, it’s
your shit and you’re putting it back into your system. Terry’s
blocked it out. He knows Ron was bad to us but not to the extent.
I wasn’t just scared – I was paying attention, I was
trying to be awake, I didn’t want Terry to die. I told my
brother a long time ago that nobody would ever hurt either one of
us again. What he did was wrong, but what he did wasn’t anything
that wasn’t done to him – the only difference is that
he didn’t die and Allen Schindler did. We never had a chance
to get our lives started. We got our start and something went sour.
Terry’s not a murderer, I know that for a fact. He’s
not a murderer, and I’ll never look at my brother as a bad
person because nobody knows what we went through.”
Regena finally split up with Ron in 1982. Ron Lynch is now fifty-six,
and he has honored his obligations to Becky, spoiling her with presents;
in recent years he has tried to make amends for what he did to his
stepsons. He buys them shirts for Christmas. “Every time I
go to talk to him, he just apologizes,” Wade said. “But
he doesn’t want to talk about it. He’s an old man now.”
For young Wade and Terry, a year in a boys’ home in Dutzow,
Missouri, gave them some valuable structure. In high school, while
Wade got into smoking pot, Terry seemed to go in the opposite direction.
He joined an anti-drug crusade. He made friends with the children
of the wealthy families. He dressed neatly; he wanted the status
jeans and the cool shoes. He was eager to belong, and it seemed
as if he might make it past the adversity of his boyhood. He aspired
to be a lawyer, an advocate for abused children, an agent for the
DEA. The Sports Spotlight section of the local paper published a
quote of his that now resonates with ironies: “I would like
to improve my maneuverability. I would like to be able to dribble
around other people better.” He recognized his temper and
his tendency to go through people, not around them. He did get into
fights but also tried to control his outbursts. When things were
rough at Regena’s house, he had any number of surrogate parents
to call on – the Mosers, the Thompsons, the Hanners. They
set a place for him at the table and gave him the run of the fridge;
sometimes they took him on trips; when he entered the Navy, the
Thompsons gave him a calling card so he could stay in touch.
His senior year, after a fight with his mother over whether Becky
should be allowed to see an older boyfriend who Terry thought was
a scumbag, he moved in with the Hanners. Sue Hanner worked as a
guidance counselor at the high school; her husband, Dave, had his
own construction business; Terry had dated and stayed friends with
their daughter, Audra. The temperature was zero when he showed up
wearing a muscle shirt. He didn’t have a coat. The Hanners
bought him a coat. They bought him socks, shoes, underwear; they
even paid some of his debts.
And in August 1991, newly graduated from Fredericktown High School,
he joined the Navy for the same reasons Allen Schindler had; travel,
adventure, and money for college under the GI bill. In February
1992 he reported for duty aboard the USS Belleau Wood. He had violent
dreams and confided them to some of his friends he lifted weights
with. “He used to tell me about dreams that he would have
about killing people, tearing their arms off and beating them with
it,” Charles Vins would state months later to the NIS. “He
would also talk about biting people’s noses off.” Troy
Peck – who was drinking with Helvey the night Schindler was
murdered and had traveled to Helvey’s home in Fredericktown
on leave – told me one night in a bar in Sasebo, a week before
the court-martial, “I was always trying to get Terry Helvey
to cool down. I was always trying to get him out of trouble. He
had a short fuse. He was always saying, ‘I’ll tear your
head off and shit down your throat.’”
In early November, nine months after he boarded the USS Belleau
Wood. Terry called the Hanners from Japan. His mother had moved
and he didn’t know where she was living. “I got drunk
and got into a fight,” he said.
“Oh, no,” Sue Hanner said.
“It’s pretty serious,” he said. “I’m
in the brig. The guy was gay. It’s going to be a nightmare
because of the politics.”
“He didn’t die, did he?” Sue Hanner asked.
“No,” Terry Helvey said, unable to bring himself to
tell her the truth. He couldn’t say anything more.
In December Sue Hanner heard on the television news about a sailor
on the USS Belleau Wood who had been killed. She put two and two
together. And now, a May evening six months after that first call
from the young basketball star they’d hoped to set on the
straight and narrow, Dave and Sue Hanner are trying to explain the
decision they reached.
“We had helped Terry twice,” Sue said after reflection.
“We had given him a normal kind of life for part of two years.
He knew our values. We told him, ‘You cannot drink. Stay out
of that kind of crap. Don’t hang around in taverns.’
I wrote to him at the end of December and told him what I felt about
it. He was part of our family. We would love him and the person
we believed him to be. But he would have to work this out himself.”
IX. “What did my son do to you?”
There were only two questions wanting answers at the court-martial
of Airman Apprentice Terry M. Helvey: What had happened in the bathroom
in Sasebo Park on October 27? And why? And yet for the longest time
it seemed that the proceeding was to air the facts of the case most
thoroughly would answer neither. During their months of declining
to comment about the death of Allen Schindler, Navy public-affairs
officers said they had to strike “a delicate balance”
between the public’s right to know and the accused’s
right to a fair trial. “A delicate balance” explained
all the hatch battening and the sidestepping.
But “a delicate balance” also described the politics
of the court-martial. There were really two defendants in the dock
– Airman Helvey, of course, the nominal defendant charged
with murder, and the U.S. Navy, accused by gay activists and others
of covering up a hate crime. Ideally, the damage to the Navy’s
image after the miscarriage of the Vins court-martial would be wiped
away by the successful prosecution and punishment of his colleague.
But there was a real danger that the Helvey court-martial could
make the Navy look even worse. It could raise questions about the
conduct of the officers of the USS Belleau Wood who had, fairly
or not, been excoriated for failing to protect one U.S. sailor from
another. It could focus attention on the way in which the command
at Naval Forces Japan had managed to turn a politically sensitive
incident into a cause célèbre. It could have fueled
the argument that violence against gays is a consequence of a policy
that anathematizes them as unfit to serve their country.
But the Navy had convened the show, and it was determined to keep
itself offstage and to keep the trial from roiling the political
debate. And so the question of gay bashing, the question of motive
itself, was pushed aside. From the government’s point of view,
the motive of the murder was irrelevant. And yet Terry Helvey’s
state of mind figured so largely in what he had done that the motive
became a kind of elephant in the corner of the courtroom that everyone
worked around but pretended not to see.
When the show opened on the morning of May 24, courteous, white
uniformed public-affairs officers were waiting at the gate to usher
more than a dozen reporters into the Lighthouse Lounge, where a
silver urn of coffee had been set out. Tables were covered with
yellow HELVEY TRIAL ID tags and blue folders stuffed with nearly
all of the relevant press releases issued in past months –
although not the very first ones, those early essays in prevarication,
which only would have reminded the press of what the Navy hadn’t
been saying in October.
Dorothy Hajdys and her daughter Kathy sat in the front row on the
far right side of the main courtroom in the Legal Services building.
She was the most famous mother of a gay serviceman in the country,
a star of the march on Washington four weeks earlier. Crowds along
the parade route chanted “Mom! Mom! Mom!” when she passed
– flanked by Jim Jennings, Allen’s ex-lover, and another
of Allen’s Navy friends, Allen Pemberton, who fended off the
photographers with a little American flag. For the duration of the
court-martial, Dorothy and Kathy were staying on the base; they
had been assigned a Navy escort. Dorothy’s right forefinger
was splinted and taped; she had cracked it getting out of a Japanese
bathtub.
Regena Helvey, her sister Sheryl Sarchette, and Terry’s boyhood
friend Joe Thompson were sitting in the front row, far left, behind
the defense table. They had had a chance to visit Terry before the
court-martial began and had sat for newspaper photographers to take
their picture. In front of each family on the waist-high partition
that divided the gallery from the court there were boxes of tissue.
Now came Terry Helvey trailed by his lawyers: a tall, well-built
sailor with painfully young features and tiny scars on his face.
His hair was close-cropped, and a long stock of a neck rose above
the shoulder bib of his enlisted whites. He looked like a shorn
version of the kid on the Dutch Boy paint can. He kept his right
fingers curled under, hiding the one that was mangled.
When he was just a flat-eyed headshot in the newspaper or a handcuffed
figure in a snippet of video footage, it was easy to demonize him;
the mask of a demon is not so easily slipped over a living face.
He seemed nervous and frightened. His eyes were a hard-to-reconcile
mix of boyishness and trouble, eagerness-to-please and subdued conceit.
The one jarring note was something his lawyers might have advised
him against: He was chewing gum.
He had given three accounts of what happened the night of October
27. In the most recent, he had tried to shift the blame to Charles
Vins. But on April 16 Helvey had signed a thirteen-page, single-spaced
stipulation of fact. It would serve as the final and official narrative
of what happened in the bathroom in Sasebo Park. In order to avoid
the death penalty, he had agreed to plead guilty to the lesser charge
of murder with intent to harm great bodily harm.
From the Navy’s point of view, the plea bargain neatly removed
the headache and embarrassment of having to explore Helvey’s
motives or to call Vins to the stand, the only person capable of
giving a ringside account of the beating. With the main issue not
guilt but the degree of punishment, much of the drama of the court-martial
had been drained away. The prosecution put on its witnesses essentially
to support its proposition that Terry Helvey should be sentenced
to life in prison. And so the people who discovered Allen Schindler,
who had tried to save his life, who had performed his autopsy, were
sworn and examined. Many spectators in the gallery gasped when the
bailiff carried the autopsy photograph of Schindler’s face
from the panel of jury members to the witness stand. Even glimpsed
from thirty feet as it sailed across the room in the bailiff’s
hand, it was shocking, a red, raw ruin. When Commander Kilbane,
the plainspoken pathologist, recited the damaged Terry Helvey had
wreaked on her son’s body, Dorothy Hajdys began to weep. Helvey’s
aunt Sheryl began to cry as well and had to leave the courtroom.
Regena sat stoically, like a character in a film noir, hurt but
unable to show it. During recesses she and Sheryl; sometimes stepped
outside on a fire escape to smoke; Dorothy and Kathy went up the
hall and drank sodas in a little lounge. The air vibrated tensely
whenever their paths converged.
The testimony of the two NIS agents who had taken Helvey’s
voluntary statements established that antipathy toward gays had
something to do with the assault on Schindler. The accused had denied
being involved when Special Agent Dale Wallace first interviewed
him. “We had learned in the early hours that the victim might
be homosexual,” Wallace testified. “We brought up homosexuality.
We asked [Terry] how he felt about homosexuals. We threw it out
to him. Was that a reason it might have happened? Terry hesitated.
Then he said yes. He said he was disgusted by homosexuals. He said
he was sorry it had happened but he would do it again.”
When it was the defense’s turn, Major Doyle and Lieutenant
Smith more directly addressed the question of motive. They introduced
evidence that Terry Helvey’s violence may have been exacerbated
by self-administered steroid injections. A robot-voiced defense
psychiatrist testified that Terry’s behavior was influenced
by “a culture of physicality” and that there was evidence
from magnetic resonance imaging of scarring on his brain, the handiwork
of the abuse he had received as a child. He expounded on the influence
alcohol might have played on Terry’s inability to control
his temper or break off beating a man when the fight was clearly
won. Sheryl and Regena testified; Regena was in a position only
a Greek tragedian could do justice to – obliged to condemn
herself to save her son. In a strange and affecting way, she was
at last, and at great cost to herself, exercising her parental responsibility
by detailing her failures as a parent. Terry’s troubles had
forced her to confront buried feelings of her own. She admitted
to the court that she had taken LSD when she was pregnant with Terry.
She told the court how Ron Lynch had always said her boys were faggots,
and how he’d dragged them down the stairs by the hair and
made them eat their own excrement, and how despite the abuse he
had received, Terry was upset when Ron went away and blamed his
mother. More boxes of tissue were brought into the court.
The jury was presented with a montage of photographs of Terry at
the prom and Terry shooting hoops and Terry standing with his family.
A television was wheeled in and suddenly the citizens of Fredericktown
were heard in Japan on videotape, telling how Terry had helped them
out, how he’d busted up concrete and hauled firewood, and
how he was the sort of guy who stayed in touch with old girlfriends
and remembered to pat the water boy on the back, and he was the
one person the family dog never barked at… There was something
surreal and sad in the way the testimonials drifted on to absurdly
irrelevant points. And the prosecutor finally object.
“If everybody in town is behind him, does that mena we have
to see everybody in town?” Captain Marchioro asked. The defense
agreed to fast-forward to the end of the tape. And there was Wade
Helvey, his six-feet-nine frame hunched in front of a washing machine,
speaking in a quiet, powerful voice: “If Terry did this to
Allen Schindler, he hasn’t done anything different than what’s
been done to him a thousand times… All we ever wanted was
to have a family where we felt safe and at home. Terry is still
fighting for the family he never had. I don’t understand how
Terry could go through as much as he has and still be the person
he is today… I don’t believe I should sit here and pour
my heart out for people who will never understand. I’ve tried
talking but you can only have so much hardship. Terry Helvey was
my family for the longest time… the only family I ever had,
and for him to still be going through this…” Wade stared
at the floor. “As far as I am concerned he is one of the best
people God ever put on this planet.”
Lieutenant Smith turned off the videotape. Sheryl had already left
in tears. Dorothy had removed her glasses and was wiping her eyes,
but her tears were hot with rage. She stared at Regena, whose face
was a mask of checked grief, and then muttered to the journalists
in the second row, “How can she sit there with these things
being said about her?”
Helvey stood numbly at the defense table.
“Now, Terry, can you tell us what happened to your finger?”
Lieutenant Smith said.
He opened his mouth to speak but no words came out. He swallowed
hard. His shoulders sagged. He bowed his head and then sat and put
his face in his hands and sobbed silently. Lieutenant Smith requested
a five-minute recess. From the gallery just a few feet behind him,
Regena called out in a low voice, “Terry! Terry! Terry!”
But he raised his hand and waved her off. He would not look at her.
He blew his nose. He turned to face the curtains over the windows,
and then he put his head under the curtains and stared out at the
parking lot and the export traffic on Tokyo Bay.
He was able, a bit later, to collect himself enough to address
the violence that it was ever more apparent he had little understanding
of and even less ability to contain. His sentences came out in halting
gulps; he choked and floundered like a drowning man. The pain he
had caused Mrs. Hajdys was penetrating his narcissism. His powers
of denial were breaking down, and now he was struggling to hold
onto what he believed was good about himself in the face of what
was ineluctably bad. How could it not be overwhelming? He was being
asked to account for the horrible things he had done even as he
was facing, perhaps for the first time, the horrible things that
had been done to him.
“I guess you could say that I didn’t care about too
much…” he said just before the catharsis. “The
Hanners… taught me how to be nice to people. It’s not
widely known, but I had received counseling for my temper, and it’s
gone, I don’t have a temper anymore…” And now
afterward, turning in circles: “I have always had a temper,
I’m terribly sorry I have that emotion, I have prayed I could
get rid of it, I can’t, I wish I could…”
“Did you attack Radioman Allen Schindler because he was a
homosexual?” asked Lieutenant Smith.
“That is probably – sir… No. I didn’t in
all honesty, I did not attack him because he’s a homosexual…
I can’t excuse what happened, I will never be able to live
with it. He was not my enemy…”
He sighed and fought for words. He apologized to the people of
Fredericktown, to his shipmates, to the captain of the Belleau Wood:
“The Belleau Wood was a great ship, and Captain Bradt –
I probably ruined his career. I don’t understand it, it’s
way above my head, all the media and the politics…”
And then he apologized to Mrs. Hajdys. “I know in my heart
that Mrs. Hajdys can never forgive me for what I have done. I can
never expect her to forgive me, I did not want what happened to
happen. If I had to do it over again, this would not have happened.
I wish – I wrote a letter to Mrs. Hajdys, I would like to
read it if it’s all right.”
And then he read his if-I-could-change-places-with-your-son letter,
with its hope that someday she would forgive him for what he had
done, and its plaintive faith that God knew what He was doing with
their lives. After the jury returned from its brief deliberations
to render a sentence of life imprisonment and a dishonorable discharge
from the Navy – Terry swallowing hard and blinking; Dorothy
Hajdys sobbing and saying, “Thank you, thank you” –
the whole show was abruptly folded up, bang, bang, bang. In a conference
room off the courtroom, Helvey tried to give his letter of apology
to Dorothy Hajdys. She said, “What did Allen ever do to you?”
And he said “Nothing.” And she said, “Then why
did you kill him?” And he said “I don’t know.”
She had been told to restrain her emotions in the courtroom, and
for the most part she had, but now she bagan to scream. “What
did my son ever do to you?” He couldn’t meet her eyes.
He could only murmur, “I’m sorry, I’m sorry, I’m
sorry.”
X. Just a Simple Gay Bashing?
What can’t be fathomed in this sorry affair is the face of
hate, its brutal, pointless, and somehow essentially human terms.
It may be hopelessly naïve to expect broad-minded, empathetic
people in the military; the dirty work of war doesn’t put
a premium on cultural sensitivity. But there is something shocking
about the way the question of gays in the military has generated
so many casual predictions of violence; 81 percent of the troops
responding to a Los Angeles Times poll said that violence was “likely”
if openly gay people were permitted to serve. The statistic, like
the death of Allen Schindler itself, invites the question –
What is the American military for? Does it have something to do
with the assertion and defense of the country’s values? What
are those values, and ought they be embodied in the members of the
armed forces?
The tragedy of the ban, as it existed a year ago October and as
it would exist in the future in the guise of “don’t
ask, don’t tell,” is that it served to nourish rather
than confront the hatred in a sailor like Terry Helvey. In this
sense Terry Helvey is as much a victim of the ban as Allen Schindler.
No, there won’t be legions of people weeping on his behalf.
But Terry Helvey didn’t have any better reason to hate fags
than the Navy has. They were just “disgusting” and “scary”
to him, the way they were simply “incompatible” to the
Navy. In his first statement to the NIS, less than twelve hours
after the murder, Terry Helvey had the temerity to suggest that
in the future the Navy would be a safer place for everyone if it
excluded gays rather than the sailors who felt like bashing them
– as if the temptation was something no good sailor could
resist, and a bashable queer in the berthing was tantamount to entrapment.
Where could he have gotten an idea like that?
What if instead of catering to his confusion and ignorance, the
U.S. Navy had tried to educate him? What if instead of accommodating
his bigotry with its tacit sanctions, it had told him in no uncertain
terms what it essentially told white sailors in 1951: This black
man who represents everything you have been taught to loathe and
fear – this man who your culture has brought you up to believe
is inferior or “scary” or “disgusting” –
this man is your one hope; float together or sink alone. But sad
to say, the Navy didn’t lead Terry Helvey, it followed him
– it accommodated the worst of him and shortchanged the best.
The justice meted out in the end was a strong rebuke to what he
did, but by then it was beside the point.
Toward the end of the trial, Lieutenant Spann, one of the public-affairs
officers at Yokosuka, said to me, “Still think it’s
just a simple gay bashing?” It took a few moments to realize
that he believed the fact presented at the court-martial had more
than justified the Navy’s refusal to characterize the beating
as “a simple gay bashing.” It was more complex than
that, and he seemed almost proud that the Navy, like a great novelist,
had not given in to easy stereotypes, the black and white of op-ed
propaganda, but had by its discreet silence honored the gray nuance
of real life. Yes, one had to grant him that it probably wasn’t
just “a simple gay bashing.” But when had there ever
been such a thing as that? And what sort of comfort was he finding
in yet more proof of the depth and complexity of hatred?
“I believe Terry Helvey killed my son because of all the
hatred in him and because Allen was gay,” Dorothy Hajdys said
several weeks after the court-martial. “If Allen had been
a Mexican, he would have killed him. Whoever he ran into who was
different, he would have killed.”
XI. A Fall Night
It may never be possible to fully unravel why Allen Schindler was
killed, the stuff of why being too fine and tangled for the hands
of the law. As for what happened in the bathroom on October 27,
1992, it was not the court-martial that provided the clearest picture
but the documents the Navy released immediately after the sentence
was rendered: the statements Helvey and Vins gave to the NIS, the
psychological evaluations, the autopsy reports, an extensive stipulation
of fact.
It is from these papers that one can follow two lives intersecting
on a fall night, a night that would take its place with ten thousand
others on the trail of tears. The Fates dispatch Terry Helvey and
three buddies to watch a movie called Single White Female at the
base theater. Afterward they load up on beer, vodka, and peppermint
schnapps, and they start drinking on the bleachers in Nimitz Park
– Nimitz Park, with its green visitors-and-home scoreboard
standing over the ball field like a nostalgic totem of simple conflicts
and easy distinctions. The sailors drink until nearly 11:00. They
are approached by the shore patrol, one of whom is Artilles Faxas,
a Cuban-born sailor. Faxas recognizes Terry Helvey. He has taught
Helvey punching and kicking techniques. He tells Terry Helvey and
his friends that the park is closing soon. And so the sailors quit
Nimitz Park. They walk through Sasebo park. The illuminated, outsize
kanji characters of a local hospital float beyond the branches of
the camphor trees. Albuquerque Bridge. They come to Four Corners,
the intersection in Sailor Town where shore patrolmen often hung
out. The fecund air of the river is mingles with the smell of fried
meat and beer. Here they split up. Troy Peck and Seaman Floyd Wills
impatiently head off for dates. Helvey and Vins were intending to
go along, but Helvey has spotted Allen Schindler strolling through
Sailor Town.
He has heard rumors that Schindler is gay and is being discharged.
He doesn’t like Schindler. He was assigned to clean a passageway
with him on a work detail in March, and Schindler, who ranked higher,
had bossed him around.
“Let’s go fuck with him,” Helvey says to Vins.
They follow Schindler on a roundabout route through Sailor Town.
Now he is heading toward the river. Now he is crossing Albuquerque
Bridge. They head toward the river. They cross Albuquerque Bridge.
They lose their quarry for a moment behind bushes. Helvey points
to the bathroom near the indoor swimming pool: “He walked
in there.” They are about fifteen yards away. Helvey breaks
into a run and disappears inside. Vins walks up and, as he enters
the doorless granite and tile bathroom, he can see Schindler facing
one of the urinals. Helvey is facing the urinal next to him, his
right hand raised beside his head and cocked in a fist.
This is the freeze-frame moment on which Helvey will erect a fiction
of intimacy and desire: “I glanced over my left shoulder and
that was when I noticed it was Schindler. He was smiling at me and
just said ‘Hi.’ I recall he was standing behind me but
sort of at an angle to me. I believe he was wearing a black outfit
of some kind, maybe a black sweater and black slacks. I recall his
slacks being undone and pulled down from his waist, exposing his
penis. I do not remember if he had an erection. I was very surprised
and frightened as he approached me. At that point, I just reacted
and struck Schindler hard in the nose with my fist. I remember striking
Schindler three times, it seems, before he hit the floor. I know
that I hit him hard because he lost consciousness and fell to the
floor by the urinal on the far right side. At that point I felt
scared and confused but yet still out of control. I went down to
the floor with Schindler and continued to punch him…”
A day later he will amend his fantasy: “I saw Schindler walk
up to my left and put his right hand on my left shoulder. He had
his left hand down at his crotch area. He did not have his penis
out of his pants, and his pants were not down. I said that yesterday
because I was trying to make those people reading this think that
I was more justified in hitting Schindler. I regret that I said
his pants were down… I want to add that I felt threatened
with him standing beside me. He moved toward me facing me with a
smile and said, ‘Hi.” I am afraid of faggots and I was
scared. I felt boxed in and I reacted.”
In fact, Schindler does not say anything. No words are exchanged.
He turns to look at Helvey – merely, thinks Vins, to register
the man beside him. And then Vins sees Helvey’s fist crash
down on Schindler’s face. Vins sees Schindler fall hard to
the floor. Still no words are exchanged. Helvey bends down behind
Schindler and clamps him in a headlock, choking him. Schindler throws
his arms up, struggling to break free. He bites Helvey’s right
arm.
“The son of a bitch bit me!” Helvey yells.
Vins now abandons the role of tagalong pal and moves in, intending
to break the deadlocked couple apart. He delivers a kick to Schindler’s
head, a kick that is perhaps even more morally problematic than
Helvey’s visceral smash to Schindler’s face, for it
rises not from emotion but from what Vins believes is logic. The
kick was tempered, he will explain later, “just hard enough”
to get Schindler to “release his grip from Helvey.”
And Schindler does let go of Helvey. And Helvey leaves off choking
Schindler. The gay sailor crouches on his feet dazed but conscious.
The bathroom is bathed in fluorescent light. Vins now thinks Schindler
is going to lunge at him, and to solve this problem, he kicks Schindler
again, on his left side. And then he kicks him again, and then again.
“Chuck!” says Helvey, moving Vins aside. He’ll
finish what he started. Helvey swings his leg. His foot whistles
against Schindler’s head and the gay sailor sprawls backward,
not to rise again. He lies beside a white Toto urinal, near the
see-through glass, and Helvey kicks him at will, again and again
and again, his arms flying up each time for emphasis. Who –
or what – is he trying to kill? his military psychiatrist
will ask months from now. “It looked like he was kicking a
soccer ball,” Vins will recall. “I kept hearing thuds
every time he kicked him… Helvey kicked Schindler to the left
side of his head at least five to ten times real hard. Blood was
all over the place. His [Schindler’s] face was covered with
blood. Helvey then started down and began to kick and stomp on Schindler’s
chest and torso… Everything happened so fast. He used his
right foot most of the time. I could not tell you how many times
he kicked and stomped on his chest, but it was several. It lasted
at least thirty seconds.”
The sounds that have now lured two sailors to the outside of the
bathroom, where they are peering through the fish-eye glass, are
not those of a couple having sex but the expulsions of air forced
from Schindler’s lungs by the piston strike of Helvey’s
kicks. Head, heart, lungs, liver, bladder, penis: Helvey works his
way down. Before Vins leaves, he sees the airman perform one final
bit of violence so bizarre it seems almost ceremonious, a twisted
kiss to seal a midnight passion. Helvey steps hard on Schindler’s
neck and shifts all his weight, 200 pounds, onto the dying man’s
throat. He lingers there a moment. Vins turns from the bathroom
in what he will want the world to believe is horror, and a moment
later he finds Helvey right behind him. They repair to the river
to cleanse themselves of a shipmate’s blood. And Seaman Allen
R. Schindler lies alone on that dire floor, unconscious and near
death. He knows nothing of the new life to come.
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