Allentown, Pennsylvania-- The Honorable Judge Arnold C. Rapaport of the 3rd U..S. District Court, has granted a new trial in the case: Sterling v. Minersville Borough and Police. The case involves the unwarranted invasion of a local youth's privacy. Marcus Wayman and another friend were discovered in an abandoned parking lot as they turned their vehicle around following a high school party. The teens were immediately followed into the lot by local police who stopped and separated them. After frisking them, police found that one was carrying condoms. Officer Scott Willinsky concluded within minutes that the boys were obviously "queers" (police quote) and that they had stopped to engage in sex. After questioning them about the condoms, Willinksy became even more convinced that he was in the presence of dreaded sodomites. The small town police threatened to expose the teens to their families and friends as homosexuals, quoting biblical passages. They were arrested for engaging in underage drinking. Wayman, a high school football player became distraught and despairing, fearing he'd be outed by the police as gay. He placed a revolver to his head six hours later, pulling the trigger. Last November, a jury cleared the Minersville police from any wrongdoing in Marcus Wayman's suicide. On June 17, 2002, however, the presiding judge tossed out the jury's acquittal, calling it a miscarriage of justice.

Marcus Wayman: Killed himself after a homophobic, Bible-thumping Minersville's police officer accused him of being gay because Wayman was carrying condoms

"Judge Rapaport's decision was short and sweet," Kyle N. Quandel, a publicist for the family and Campaign Director said.

"Briefly put, Judge Rapaport had no specific reasons for the denying the request, saying that his opinion, clearly outlined in the previous June 17th decision stood on its own authority. He clearly didn't feel a need to reiterate his already firm stance on this case and felt it warranted no further exploration."

This unprecedented case has been ongoing since 1998 when Madonna Sterling, Marcus Wayman's mother, filed civil charges against the Minersville Police and Borough, charging them with violating her son's right to privacy.