An American man convicted of murder has been given the death sentence after the jury decided he would enjoy prison because he is gay.

Charles Rhines was convicted in the stabbing death of a doughnut shop worker.

Three jurors have since come forward to admit there was a lot of prejudice on the panel with one saying: ‘If he’s gay, we’d be sending him where he wants to go.’

Charles Rhines has lost his appeal (Picture: South Dakota Dept Of Correction)

Yesterday the Supreme Court rejected an appeal against the death penalty meaning Rhines still faces execution.


The decision was greeted with horror by LGBT+ campaigners.

Lawyer Ria Tobacco Mar said: ‘The court’s silence sent a deeply troubling message about the value placed on the lives of LGBT people.’



Rhines bound and stabbed Donnivan Schaeffer while robbing the doughnut shop in South Dakota in 1992.

The following year, he was convicted of murder and the court heard the jury were fully aware he was gay.

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During remarks that were made public during the recent appeal, his sexuality was frequently discussed during the deliberations.

The Supreme Court paper notes: ‘During penalty phase deliberations, the jurors sent out a note asking whether he would be allowed to ‘mix with the general inmate population,’ ‘create a group of followers or admirers,’ ‘brag about his crime to other inmates, especially new and[/]or young men . . . ,’ ‘marry or have conjugal visits,’ or ‘have a cellmate.’

It added: ‘One juror stated that jurors ‘knew that [Mr. Rhines] was a homosexual and thought that he shouldn’t be able to spend his life with men in prison.’

‘A second recalled hearing an unidentified juror comment of Mr. Rhines ‘that if he’s gay we’d be sending him where he wants to go if we voted for [life imprisonment without the possibility of parole].’

‘A third confirmed that ‘there was lots of discussion of homosexuality. There was a lot of disgust. This is a farming community.’

Rhines now faces the death penalty.

Rhines appealed against his sentence, citing a ruling last year that said evidence of racial bias in the jury room allows a judge to consider setting aside a verdict.

However, the Supreme Court has ruled that it will not stop the execution despite concerns about the role his sexuality played in the sentence.

It did not give a reason why it had rejected Rhines’ appeal.

Ms Tobacco Mar wrote in the New York Times: ‘Some members of the jury thought life in prison without parole would be fun for Mr Rhines.

‘So they decided to sentence him to death.’

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Tabacco Mar went on to compare the sentence to another case where the jury was racially biased in their decision.

‘The same rule should apply when anti-LGBT prejudice taints jurors decision-making,’ she added.

‘To be sure, the history of racism in America is unique and demands unique safeguards. But that does not make anti-LGBT discrimination any less objectionable, particularly when it may have made the difference between life and death.



“[The court] should take the next opportunity to correct this mistake and recognise that prejudice against people who are LGBT should play no role in America’s criminal justice system.

‘However, that will probably come too late for Mr Rhines.’

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