The Wisconsin Court of Appeals has given the killer of a gay Oshkosh man more time to decide whether to appeal his life conviction.
Gary Hirte—a former Boy Scout—was sentenced last March to life behind bars after pleading guilty to killing Glen Kopitske in July 2003, 365Gay.com reported. Hirte was a track, football and wrestling star and a straight-A student at Weyaweuga-Fremont High School. Winnebago County prosecutors said Hirte killed the teacher because he wanted to know how it felt to kill someone and to see if he could get away with it, according to the Associated Press.
Hirte’s attorney attempted to shift blame for the killing to the victim, telling the jury that Hirte was so overcome with ‘guilt and shame’ after having gay sex that he became enraged and then killed Kopitske. A psychiatrist testifying for the defense told the court that gay rage is a valid medical condition. However, the jury disregarded the gay rage defense and Hirte was sentenced to life.
To appeal the sentence he would have had to file a motion before the end of the year. The extension granted by the Second District Court of Appeals now gives him until Feb. 10.
— Andrew Davis