Advertising and Marketing
a full-service advertising agency since 1960
Helen Moore Barthelme Odell Pauline Moore
1110 Lovett Blvd., Suite 100 Houston, Texas 77006 713/521-9214
n. 1. A woman-owned business specializing
in quality graphics and printing. 2. A large
red brick house in the heart of Montrose.
- adj. Having many and varied features.
- v. Producing design, illustration, camera
work, printing and bindery. - adv. 1. To increase the client's business manifold. 2. To
satisfy the client.
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treated from the first moment as if I were
guilty and I would begin paying for it
Bennett says the hardest thing for all
four defendants were the legal expenses
involved in each case. $5,000 is the going
retainer for a second and third degree
felony defense and $2,500 to $5,000
extra if cases go to trial.
Bond opted for a county attorney,
Kellogg turned to his family for help,
and Lucario and Bennett received help
All of the people involved in the case
felt the D.A.'s office would see the absurdity of the charges and drop the whole
case, Bennett says.
"It appears to me that the D.A.'s
office in this city is completely unethical," Kellogg says. "I was raised
under the naive assumption that they
play fair, but they don't. They are the
District Attorneys and it is their job to
prosecute and get an indictment. They
don't get promoted unless they get an
The four defendants waited a long
time for the charges against them to be
acquitted or dropped—Lucario three
months, Bond four, Kellogg six and Bennett nine.
Bennett went through five postponements, was passed around to three
prosecutors and spent three weeks on
one-hour call under three different
visiting judges before actually going to
"The horrifying thing about being
under indictment is that it's always with
you," Kellogg says. "I kept waking up
in the middle of the night and I couldn't
go back to sleep. My work performance
was awful. I was so humiliated."
During the nine months, the Sue
Bennett Fund committee worked to raise
the necessary funds for Bennett's defense.
The committee included feminists, lesbian feminists, a lawyer, a social worker
and three ministers.
"We decided to keep the fund-raising
very low-key because of the accusations
that were made," Bennett said. "So,
we mostly used word-of-mouth."
To date, according to Linda Lovell,
the committee's treasurer, the committee
has raised $6,087 from the community
and $2,500 from the Presbyterian church.
This was the first time, Lovell says, that
the Presbyterian church nationally had
given money to fight gay discrimination.
Of the total legal and bail expenses
amounting to $11,029.50, $4,000 was
borrowed from a bank and $4,326 from
individuals. All that remains to be paid
of these debts is $2,441.52.
Much of the money was raised through
donations of $10 and $25 from individuals, says Lovell. Houston Lesberadas, a
woman's support organization, gave its
entire treasury of $250, she adds.
"I think the women really rallied to
Sue's support," Kellogg says. "I feel
very bitter about the fact that the homosexual male community never even called
to see if we had a lawyer. And they are
supposed to be more organized."
Kellogg says that just one month
previously, he had been at a town hall
meeting where everybody had talked
"But the brotherhood was missing
when we needed it most," he says.
Members of the Sue Bennett Fund
committee say they had no doubt that
the case was of political importance.
Linda Lovell and Pat Corrigan, both
active members on the committee, say
they believe the four counselors were
"We feel that the real issue involved
is whether or not gay people have the
right to work counseling children,"
Corrigan says. "We don't know of any
other woman social worker that has ever
been arrested on a same sex-abuse charge
Lovell and Corrigan and other
members of the committee believed it
was important to show Houston police
that they could not send an innocent
person to jail simply because they were
"It's definitely part of the whole
homosexual phobia," Bennett says. "People in political office make a big thing out
of it. But I still believe that people on
the street don't really care who your sex
Boaz says, "The arrests and related
crises disrupted us so thoroughly that we
could not submit our application to the
state until November 1. After this delay
we received pressure from Austin to fire
Sue. I protested in writing and asked
them to request her firing in writing,
which they wouldn't.
"According to Texas Department of
Human Resources (TDHR) regulations,
a person whose moral character is in question may not work with children in a
licensed home. So, we agreed that Sue
would not work at the FC until she was
exonerated. Then our application was
approved and we opened December 15,"
John Lucario was the first defendant
to go on trial on December 5, 1978.
Lucario was tried in Judge Jimmy James'
court on one count of sexual indecency
with a minor. This is a third degree
felony for which the possible prison
term is two to 10 years. The plaintiff, Boy No. 1, had charged that Lucario
had fondled his penis through the boy's
jeans for approximately two minutes,
on the night of May 11th, at the F.C.
Both Lovell and Corrigan of the Bennett Committee sat in on the trials and
took notes on the proceedings. According to the two women, earlier in his
deposition to the police, the boy had
said the incident occurred in June.
When Defense Attorney James Mori-
arty confronted him with this contradiction in dates, the boy said that he
could not remember the exact date and
his sentence trailed off with "so the
police just told me to . . ."
The boy also stated under oath that
two other residents of the Family Connection had interrupted Lucario in his
alleged crime. But, defense council
proved that one of the residents had a
severe asthma attack on that date and
was taken to the hospital.
When Carl Boaz was called on the
witness stand, he was asked to explain
his hiring policies.
Prosecutor Susan Spruce asked Boaz,
"If you knew a prospective employee was
gay, would you still hire him/her to work
with young boys and girls?"
Boaz replied that if the person were
well qualified for the job he would hire
them regardless of sexual preferences.
After removing the jury from the
room, James told Spruce that she could
not ask Boaz in the presence of the jury
if Lucario was a homosexual. James
added that it was not a crime for a person
to be a homosexual, and that a person
should not be refused a job simply because he was a homosexual.
On December 7, the defense rested
its case, after proving numerous contradictions in the boy's story. It took the
eight woman-four man jury 45 minutes
to determine that Lucario was innocent
of the charges.
After the verdict, according to Lovell
and Corrigan, the jurors lined up to shake
Lucario's hand and wish him well.
On January 15, Lucario went to trial
on the second charge, but Boy No. 2, the
only witness, failed to appear for the
trial. Judge Jimmy James denied a motion for a continuance and the prosecution was forced to request a dismissal of
the charge on Lucario.
Bond's trial, which was to begin
January 22, was postponed because
Boy No. 2 again failed to appear. The
D.A.'s office eventually located Boy