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Oral Sex Act Introduced into Alabama Murder Trial

Three at Gay Party Testify to Seeing Murderer There

Accused Murderers Slam Each Other's Testimonies

By Jack Nichols

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Stephen Mullins (top) and Charles Butler Jr. are on trial for the murder of an Alabama gay man
Rockford, Alabama—The case of two men charged with Billy Jack Gaither's gruesome February murder (1) Stephen Eric Mullins, described as a 25-year-old skinhead with an SS tattoo and (2) Charles Butler, Jr., 5 ft. 5 inch 21-years old and blond, continued in court here Thursday as the two men stove to discredit each other's testimonies.

Mullins, who'd already confessed to Gaither's murder, and had been promised by District Attorney Fred Thompson that he would recommend a sentence of life without parole in return, testified Wednesday for the prosecution against his former sidekick who has entered a plea of "not guilty" to the charge of capital murder.

Butler claims that it was Mullins who had cut Gaither's throat and had beaten him to death with an ax handle. Butler had previously admitted, however, to hoisting the dead man's body onto a small pile of tires they then set afire. He also admitted to burning Gaither's automobile. He reportedly hid evidence.

Claiming as his motive that he personally hates homosexuals, Mullins insisted Gaither's murder had been a joint venture since he'd asked Butler to join him. Butler, he said, had claimed he too hated homosexuals.

Butler's attorney, however, swung back Thursday by introducing surprising testimony that seemed relevant to Mullins' motives. Dramatic allegations of Mullins' participation in an act of male-male oral sex erupted. The act had taken place, according to observers, at a party in a neighboring county.

The murdered man's brother, William Gaither, had earlier been quoted as having said Mullins had killed Billy Jack Gaither to assure that no one would ever know what had transpired between them. Mullins, however, claimed to have flown into a rage after being propositioned by Gaither.

Butler's defense attorney, in his attempt to discredit Mullins, introduced a gay male, Jimmy Dean, from Sylacauga. Dean testified that both he and Mullins had been co-participants in an act of oral sex.

Two women, reportedly lesbians, testified as well that they'd seen Mullins dancing at the party with Jimmy Dean.

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According to Mullins' testimony, in order to kill him, he baited Billy Jack Gaither by promising him sex with the 21-year old Butler. But Butler, said Mullins, was the one who provided him with a pocketknife to cut Billy Jack Gaither's throat. And it was Butler, he claims, who first suggested where the deed should be done.

Post-Presstime Note: Late Thursday Charles M. Butler was found guilty of capital murder and sentenced to life without parole. Billy Jack Gaither's father, Marion, has asked that he not be sentenced to death. "I can't see taking another human being's life, no matter what," he told reporters. Marion Gaither also said he hoped that his son would not be remembered as a gay murder victim, but as "one of the finest sons a man could want."

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