In May 2015, cell phone footage of an incident that occurred at a restaurant in Chelsea, a predominantly white/gay community in NYC, went viral. Two gay white men, who both later testified that they were drunk when they entered the restaurant, engaged in a physical confrontation with each other. One of the white men, claiming to have heard a homophobic slur coming from the general direction of a section filled with people of color across the restaurant, decided to strike a Black man sitting in the section with an object to his head.
As surveillance video from the restaurant later showed at trial, this was an unprovoked attack, and 6 witnesses reported that no homophobic slur was ever made.
The Black man, although superior in height and size, was forced to defend himself from this violent attack that was soon joined by the second white man. In fear of what he perceived as imminent physical danger, he threw a chair at the two, rendering them incapacitated so that he and his party could safely flee the restaurant.
Although they suffered no serious injuries, in the days that followed, the white men and their associates turned to social media, releasing an edited version of cell footage taken by a bystander and falsely conspired to criminalize the Black man’s actions in defense of himself as a homophobic “gay bashing” to any media outlet that would listen.
Unbeknownst to them, this queer Black man they assaulted is Bayna-Lehkiem El-Amin, (aka) Legendary Father Carlos Ebony of the NYC chapter of the Iconic House of Ebony in the LGBTQIA+ Ballroom Community. This man had been an advocate/activist in his community for over 20 years, working with several community-based organizations around the country, specifically in communities of color in NYC in the field of HIV/AIDS Awareness as a Prevention Counselor and Peer Educator.
What You Need To Know About The Case Of Bayna-Lekhiem El-Amin
Because of the lies and edited cell video, many white community leaders and the general media fed into the false narrative.
This included then-Democratic State Senator Brad Hoylman and then Chelsea-based Councilman Corey Johnson who, in the days that followed led a so-called anti-hate rally in the streets of Chelsea in front of the restaurant. Without the benefit of a full investigation into the incident by the NYPD, they presumed El-Amin’s guilt and called for his prosecution while touting the two white men who attacked him as “heroic survivors of a hate crime.” This amounted to nothing more than a modern-day witch hunt.
Due to a botched police investigation, ineffective court appointed legal defense counsel, and a trial that violated his constitutional rights, El-Amin was subsequently convicted for assaulting the white men while their actions of the initial aggressors proven through video as well as their own testimony was never prosecuted.
Although El-Amin garnered the support of many in the LGBTQIA+ community of color at his trial, including F2L (Fight to Live) a grassroots non-profit organization, and this was his first and only conviction for a violent crime, the prosecutor requested the maximum sentence allowed by law.
El-Amin was sentenced to serve 9 years in a maximum security prison where he has been ever since.
Unfortunately, El-Amin has several health issues that has made this time almost overwhelming. He also lost his mother to her battle with cancer last year, along with many friends over these past several years of his incarceration. Although these hardships would seem insurmountable, El-Amin has never given up the fight for his freedom and exoneration. With the support of the ACLU, Muslim Alliance for Sexual and Gender Diversity, Black and Pink, and National Center for Lesbian Rights he took his case through the Appellate Court and is now petitioning Federal Courts for habeas relief.
Now more than ever, he needs the help of his community and anyone who would finally see justice served.
HOW FUNDS WILL BE USED:
$5,000: Court Fees – El-Amin still owes various court fees associated with his case, that will saddle him with debt if not paid off.
$25,000: Legal Expenses – This is the average amount lawyers quote it will cost to pursue a 440 motion citing Ineffective Assistance of Counsel and providing new evidence to the court, El-Amin’s last remaining recourse in this case.
Additional funds will be used to help El-Amin transition into a life of stability post-release.
Any donation amount or even a share would help bring some semblance of justice to this unjust situation, and do more than you know to support a very deserving man get a life that should have never been taken from him back.