What Does "Justice For Angie" Mean?

by: Autumn Sandeen
Sat Apr 18, 2009 at 21:57:57 PM EDT

Cross posted with full permission from Pam's House Blend. Thank You Autumn.

I have lots of blog diaries to write this weekend. I need to post on what happened at the trial Friday (and why it's hard for me to post about it), about what my experience in Greeley, Colorado has been like, and a post entitled "Am I Deceptive Too?"

But, I'm going to make my first report this weekend about what are the possible sentences will be if Allen Ray Andrade is found guilty of a homicide directly related to Angie's killing. And, talking about how Justice For Angie may be slightly different that justice for the Transgender (or Trans) Community, and the broader Lesbian, Gay, Bisexual, and Transgender (LGBT) Community, as well as the Progressive and Civil Rights Communities.

And, my source for the possible sentences is Beth Karas (Facebook fan page is here) of TruTV In Session (formerly known as CourtTV).

Beth and I had coffee this morning at Café Woody's. There, she graciously explained to what the prosecutor is aiming for, what the defense is aiming for, and the punishments would be for the for just the murder change. (There are other criminal complaints for this case, and except for the bias motivated crime complaint, these won't be discussed in this piece.) Beth is an attorney -- a former prosecutor herself -- so she knows law. She thoroughly researched the possible homicide sentences, and briefed me on possible sentencing based upon what, if homicide charge, Allen Ray Andrade is convicted of.

[This] is a table of the charged offenses against Allen Ray Zapata, with possible sentences.

Since this isn't a death penalty case, life without parole would be the highest sentence Andrade could receive. And, that sentence apparently would be the automatic sentence if he were convicted of that crime -- there would apparently no discretion available to the Judge (Judge Marcelo Kopcow) regarding sentencing. First Degree Murder is premeditated murder in Colorado, is a First Class Felony (F1), and is the criminal conviction that the prosecution is aiming for.

Allen Ray Andrade could also be found guilty of Second Degree Murder, Felony Second Class (F2). If he were found guilty of this criminal count, the sentence range is 16 to 48 years. Colorado doesn't have indeterminate sentencing for crimes, so he wouldn't be sentenced to 16 to 48 years, he would be sentenced to 16 years, 48 years, or some number of years in between those two numbers. A conviction on this criminal count would mean that the jury believed that the murder wasn't premeditated.

The other homicide conviction Andrade could be found guilty of, assuming he his found guilty of any criminal homicide, would be Second Degree Murder, Felony Third Class (F3). In most other states, this criminal offense would be referred to as Manslaughter. If he were found guilty of this criminal count, the sentence range is 10 to 32 years. Again, Colorado doesn't have indeterminate sentencing for crimes, so he wouldn't be sentenced to 10 to 32 years, he would be sentenced to 10 years, 32 years, or some number of years in between those two numbers. The defense has conceded that Andrade committed the killing, and an F3 criminal conviction that the prosecution is aiming for, based on heat of passion (read in this case as "gay panic" or "trans panic") and intoxication.

The elements that would be taken into account by a jury to change Second Degree Murder from an F2 into an F3 felony offence would include provocation, rape, heat of passion, and intoxication, for example. And, as stated in the paragraph above, the Andrade defense is claiming heat of passion and intoxication.

[Below the fold: On Colorado's Habitual Offender enhancements, and what Angie's family believes justice for Angie in a criminal sentence would entail.]

Autumn Sandeen :: What Does "Justice For Angie" Mean?

Colorado has a "three strikes" kind of law on their books, as many states do -- their law is referred to as their Habitual Offender law. Essentially, if a defendant is found guilty in trial of a felony and has had 2 prior felony convictions, he can be found by the trial judge to be an habitual offender. The prosecution has submitted 6 felonies to the court as ones that could be used by judge to find Allen Ray Andrade to be an habitual offender, so if Andrade is convicted of the F1, F2, or F3 offence with regards to Angie's killing, it seems likely that he'll be considered an habitual offender. If Andrade is found guilty of the highest F1 count, then the prosecutor isn't going to push for the habitual offender enhancement: he already would be receiving a sentence of life without parole. However, if he's found guilty of the F2 or F3, that enhancement would be significant -- it doubles the maximum sentence.

So if Andrade were found guilty of the F2 felony by the jury, and if the court found he was an habitual offender, then the result would be that the judge would have no discretion in sentencing Andrade to 96 years in prison. In a similar manner, if Andrade were found guilty of the F2 felony by the jury, and if the court found he was an habitual offender, then the result would be that the judge would have no discretion in sentencing Andrade to 64 years in prison. As Andrade is 31 years old, it's likely that if he were convicted of an F1, F2, or F3 homicide, and found to be an habitual offender, he would likely spend the rest of his natural life in prison.

If we're looking for justice for Angie, having her admitted killer spend the rest of his natural life in prison would be justice for her and her family -- and that's accorning to Angie's family. We need to remember this to help us keep perspective on any felony homicide conviction in this case before the Weld County Court.

If we're looking for justice for broader community; however, then one of the other charges we haven't talked about yet -- the bias motivated charge -- becomes important.

Count 2 of the charges is the Bias Motivates Crime count. This count reads as follows:

Between and including July 16, 2008 and July 17, 2008, Allen Ray Andrade, with intent to intimidate or harass [Angie's male name] Zapata, also known as Angie Zapata, because of her actual or perceived race, color, religion, ancestry, or national origin , physical or mental disability, or sexual orientation, unlawfully, feloniously, and knowingly caused bodily injury to [Angie's male name] Zapata, also known as Angie Zapata; in violation of section 18-9-121(2)(a), C.R.S.

Sexual orientation is defined as follows in the statute:

"Sexual orientation" means a person's actual or perceived orientation toward heterosexuality, homosexuality, bisexuality, or transgender status.

Speaking as an individual who identifies as both transgender and transsexual, and knowing trans folks at the grass roots as I do, I don't believe that the Trans Community will be satisfied with an F2 or F3 homicide conviction of the admitted killer of Angie Zapata alone. To be "acceptable," an F2 or F3 homicide conviction would need to be accompanied with a conviction on the bias motivated crime count. Given the facts of this case, if Colorado is unsuccessful in convincing a jury that this was a bias motivated hate crime against transgender people, many trans people will be wondering what set of facts will convince a Colorado jury that a bias motivated crime against a trans person was committed against a trans person specifically because the killed person was trans.

And, because that mixed outcome would matter to trans people, their significant others, their friends, their families, and their allies, that outcome would matter to many people in the broader LGBT, Progressive, and Civil Rights communities.

In my mind, justice for Angie is the most important outcome we need to concerned about in this case, and not vengence for Angie. And, according to Angie's family, justice justice for Angie means that admitted killer Allen Ray Andrade spend the rest of his natural life in prison. I'm with the family on this.

But that said, no one should be under the delusion that justice for Angie in this criminal case is necessarily the exact same thing as justice for trans people. If there isn't a hate crime conviction in this case, the broader communities are going to have to rethink how hate crime laws are written so that "gay panic" and "trans panic" strategies put forward by defense attornys don't nulify the intent of the hate crime laws. And, the intent of these hate crime laws being the legal tools to address how people in the LGBT community feel fear -- and feel terrorized -- by hate crimes against their brothers and sisters within their community. We often fear becoming hate crime victims ourselves, especially when we hear of hate crimes being commited against others in our community; when we don't see those perceived as committing hate crimes being convicted of the hate crimes they're charged with.

Cross posted from Pam's House Blend in our effort to make public the trial of Allen Ray Andrade for the Murder of Angie Zapata.

Are Trans People Like Angie And Me Deceptive?

Are Trans People Like Angie And Me Deceptive?
by: Autumn Sandeen Sun Apr 19, 2009 at 04:22:30 AM EDT Reposted with full permission. Thank you Autumn.

Sharon Dunn of the Greeley Tribune began her Saturday piece Angie Zapata's friends, family take the stand this way:

The first few times, it almost seemed like the public defenders were misspeaking.

But then, those watching the murder trial of Allen Andrade started muttering under their breaths. Witnesses on the stand continued to correct the attorneys questioning them.

Family members and friends echoed repeatedly, "my sister," "Angie," one by one on the stand Friday as public defenders Annette Kundelius and Brad Martin questioned them about "Justin."

Summarizing the two things that will effect me for quite awhile that I saw in the courtroom Friday are 1.) seeing the crime scene photos and video of Angie, lying dead on the floor, a pool of dried blood around her head, and 2.) watching and hearing a classic trans panic strategy being used by the defense during the prosecution presentation portion of the trial.

Frankly, I'm in reporter mode, so I'm a bit detached from the trial right now. But, in the back of my mind I can "feel" the images of the crime scene photos and video burned in my mind -- forever burned into my memory. I will never forget those images. I know I'll have my reaction to these "burned in" images later, when I'm back home in San Diego.

What had me irritated in the courtroom Friday, and still finds me irritated about now, is the trans panic (or gay panic) strategy -- a "crime of passion," "blame the victim" strategy -- being used in the court. It's apparent to me that the defense attorneys have schooled themselves on the "proper" way to run a trans panic strategy, as they used the word "duped" in the pretrial hearing, and now in the trial are using the more classic trans panic strategy term "deception." The defense attorney's are also following the trans panic strategy of never conceding that Angie was known as Angie, and never conceding that she was a young, teenage female. The defense attorneys instead always refer to her by her male name, and always refer to her by male pronouns.

I noticed something too that a trans woman like me would notice, but reporters like Sharon Dunn and Beth Karas hadn't noticed, but I pointed out to them why something from Angie's autopsy was highlighted. During cross examination of the Crime Scene Investigator (CSI) who attended the autopsy, the defense attorney questioning the CSI highlighted clothing that had been removed from Angie's body. These included a camisole, a bra, and "breast gels." The "breast gels" would be silicone breast forms. The reason the defense attorney's highlighted these are to use this information later to "prove" Angie "_____" (male name) wasn't a real woman -- they will no doubt argue "he" had to wear breast forms to create the "deception" that "he" had breasts.

This intentional trans panic/blame-the-victim strategy of always referring to Angie by her male name and by male pronouns was never more clear when Stephanie Zapata, Angie's sister, took the stand. Every time the defense attorney referred to Angie by male pronouns or by Angie's male name, Stephanie corrected her by saying "You mean my sister,..." or "You mean my sister Angie,..." -- Stephanie never gave an inch. I don't know how many times she forcefully corrected the defense attorney, but it was definitely significantly over a dozen times. And when Monica Zapata (also known as Monica Murguia) took the stand, she wasn't as forceful, but she consistently referred to Angie as Angie, and always referred to her as her sister, and by female pronouns.

All in all, five of Angie's relatives took the stand and only using the name Angie, and always referring to her by female pronouns. And, every time the defense attorney's questioned these five family members, they always referred to her by her male name, and always used male pronouns. Everyone was in the gallery that I talked to after the trial was done for the day Friday noticed it, and one even commented that the defense strategy of consistently referring to Angie by her male name and male pronouns when every family member, many visibly hurting at the loss of their sister/sister-in-law/offspring, were referring to Angie as Angie, and calling her by female pronouns. On person told me that it seemed "rude," and wondered if the strategy of antagonizing at least Stephanie Zapata, would backfire because it looked like such rude behavior. Gawds, I hope so.

Autumn Sandeen :: Are Trans People Like Angie And Me Deceptive?

Frankly though, I'm a lot like Angie. While I have changed my male name legally to Autumn back in 2003, I, like Angie, am a pre-operative transsexual. And, as Angie's sister Monica said she saw Angie always do to people to strangers she met who she realized she may see again -- especially men who appeared attracted to her and engaged her -- I out myself often and frequently to strangers I meet. And much like Angie, I have "passing privilege," and just as Angie had many young men interested in her, and flirting with her, since I lost that 135 pounds I have many 35-and-older men interested in me, and flirting with me. And, just as Angie was rarely read as trans, so too am I rarely read as trans. And just like Angie, I'm the number 4 child of 5 children.

If I were to be killed in Colorado -- or most other states in the United States, for that matter -- would my killer use a trans panic defense against me, saying, like Allen Ray Andrade's defense attorney's are saying about Angie, that I'm "deceptive"? When am I not "deceptive" in my life -- when I use women's restrooms? When my driver's license has an F as my gender marker? When I don't out myself to the grocery clerk or the coffee house barista? When I breathe?
The stunning reality is that my life, and the lives of my transgender peers, are worth less than the lives of those who fit into the gender binary. And, that's because if someone killed one of my peers or me, they can use a trans or gay panic, blame-the-victim strategy to say my peers or I have been "deceptive," and were killed because my peers or I were born with genitalia that didn't match our gender identity and/or gender expression.

It's a sobering thought.

And, what's so bizarre about this is that transgender status is a protected class under Colorado's Bias Motivated Crimes statute under the term sexual orientation. Specifically, sexual orientation is defined as follows:

"Sexual orientation" means a person's actual or perceived orientation toward heterosexuality, homosexuality, bisexuality, or transgender status.

The defense in the Angie Zapata Hate Crime Murder Trial is in effect using Angie's membership in a protected class to justify her killing. Think of it this way: If a white supremacist in Colorado dated a Jewish woman who hadn't disclosed this before the two had kissed intimately, and the white supremacist, in an alleged heat of passion moment, killed the Jewish woman because of her faith or her ethnicity. If the white supremacist's defense attorney argued before the jury that the Jewish woman was "deceptive" for not disclosing she was Jewish before the two kissed, do you believe that this defense would persuade a jury? Of course not -- being Jewish by faith or ethnicity would be protected classes under the Colorado. You can't successfully on one hand say that that faith and ethnicity are protected classes against bias motivated crimes, and then use the Jewish woman membership in a protected class as a defense.

And yet, with the gay panic and trans panic strategies of blaming the victim for being "deceptive," that's exactly what the defense is doing in the Angie Zapata Hate Crime Murder Trial; the defense is using Angie's transgender status to say she was being "deceptive" -- they are using Angie's membership in a protected class to blame her -- the victim -- for her own death.

What is the point of having a hate crime statute that includes transgender status in it's language if defendants and defense attorneys can use that membership in the transgender community as a reason to blame a victim for his or her own death? The same arguments that public defenders Annette Kundelius and Brad Martin are arguing before the jury to blame Angie for her own death apply to me too.

If someone were to kill me in Colorado (or most other states in the United States) this week, how much less would the sentence of my killer be if he or she said they killed me because I was being "deceptive" when I drank coffee at Café Woody's this morning? Or "deceptive" bought cheese sticks at the King Scoopers grocery store this afternoon? Or "deceptive" when I used the sink in an Olive Garden restaurant's women's restroom to clean my prescription rose colored glasses this evening?

Are trans people like Angie and me always to be considered "deceptive" wherever we go, and whatever we do?

I know the answers to all these questions. I'm not being deceptive. I am who I present myself to people I meet, even when I don't make it a point to out myself.

Angie wasn't deceptive either. Angie lived who she was. Justice for Angie should include the recognition she was a human being -- a human being who was loved, and is sorely missed by her family and friends. I just can't imagine that giving any credence to the idea that Angie's transgender status is in any way a justification for her killing would be justice for Angie.

Cross posted from 'Pam's House Blend' Autumn Sandeen :: Are Trans People Like Angie And Me Deceptive? in our effort to make public the Allen Ray Andrade murder trial of Angie Zapata.

Queer Subversion | An Emotional Outburst

I have been following Jackson on Twitter and after reading this on his blog wanted to share

An Emotional Outburst

This is hopefully my last "emotional outburst" for the day. see, I've been paying attention the the Andrade Murder Trial (for the murder of Angie Zapata, an 18-year-old transgender woman who was bludgeoned to death with a fire extinguisher last July) and also sort of keeping track on Twitter, more for my own records but of course a couple people saw fit to follow me so I'll keep track for them too. I'm not shocked, but I am appalled, and I'll admit, I had my own emotional outbursts today. The most common response I've gotten from people who ask about these sort of outbursts is along the lines of "bummer," "oh, that's too bad," and other slightly apathetic ways of putting it, not only outside of the queer community, but within it.

So for this "emotional outburst..." Angie, although I have never met her, has a lot in common with me. We both were assigned the opposite gender to the one we currently claim, although we have gone different directions in that journey. Unlike me, however, Angie was brutally murdered. Now, it's not that I assume I will be brutally murdered. It's that I identify with her. I identify with having people constantly mistake you for being something or somebody you are not, being faced with the decisions of whether or not to tell them, having to deal with the consequences of whether or not you choose to do so. Those consequences should never include murder. Never. What happenede was not excusable. Not because Andrade felt deceived, cheated, or whatever the fuck else.

I watched the story on CNN.com, watched Angie's mother and sisters and some of her best friends come up on the stand and go through questioning. The prosecution, "The People," would refer to Angie in an appropriate way, I feel. Her name is Angela, she is a she, she is their sister/daughter, etc. Then the defense attorney would come up and my blood would boil beneath my skin.

Annette Kundelius is her name... Andrade's attorney... she stands there, stone-faced, asking the loved ones of Angie Zapata about "his" lifestyle, never once deterring from her theme of referring to Angie as "Justin," using male pronouns, and otherwise dealing major blows and insults to not only Angie and her family, but the entire transgender world. I know this is her tactic... she is emphasizing Angie's supposed "maleness" to get the jury to view her as such, as a deceiver who tricked Andrade into thinking she was a "real woman." Kundelius calls this a "crime about a deception." That Andrade was provoked by Angie's smiling at him.I really want to be angry at her, but I am trying not to. And I'll admit, I am. Furious. Blood-boilingly furious. Somebody standing there, in court, on television, completely shattering the identity of a woman who was brutally murdered in order to convince a jury that she deserved it. But a large part of me tells me I shouldn't be angry at Kundelius. After all, she's an attorney. Does she really believe this? Is she just trying to be a good lawyer, to Hell with ethics? If she isn't as cold or heartless as this case makes her appear, I strongly wonder how she falls asleep at night... do thoughts of Angie Zapata run through her head? Does she think of the pictures of her, covered in a blanket with her face smashed in? I try not to be a vengeful person, but I must admit, a part of me hopes she does. Of course, one thing is for certain... this rage that Kundelius has set aflame within my very soul has not once made me feel like taking a fire extinguisher and slamming it into her face. Not even once. I have been having these "emotional outbursts," but they have yet to escalate to "crimes of passion and deception," such as the deceptive notion that because we are transgender people, we deserve to be murdered.

I felt for Angie's family. Her sister, Stephanie, would correct the defense when the words "Justin," "he," and "brother" were used, adamantly defending Angie's right to be Angie, her sister. But of course, the defense would remain firm in their mis-labeling and mis-gendering of Angie, attempting to drive the jury to their bigoted goal of representing Angie as having been a man posing as a woman rather than the reality, that she was a transgender woman who should be presented as such.Before I close my little rant, I feel I need to address one more thing though. See, throughout this case and many others, I've seen a number of people try and raise the case that Zapata's murder was somehow a "lesson" to the rest of us in the transgender or transsexual communities... that we should not misrepresent ourselves in some youthful naivety, or it could lead to us lying dead in our rooms... while I do not discount that this is good advice, and feel it is best to be open to one's partners, this is still victim blaming. There are any number of things one could learn about a partner after the relationship has taken off, but nobody is saying it's okay to murder them for it. If it turns out my partner has breast implants, is it okay for me to stab her for being deceptive? No. So why is this okay? Why is it acceptable? Any normal, functional human being with a conscience should be able to see that this is murder without dragging in a bunch of victim's issues into it. No, she didn't deserve it. No, she wasn't being deceptive. No, Andrade was not provoked by an irresistable rage.I only hope the jury can see that, too.--Jackson

Website built by Jackson - 2008-2009 If I wrote or drew it, you are free to use it in any publication or website which promotes the causes of liberation.

LGBT In Iraq is a Death Sentence | LGBT في العراق حكم الاعدام

العربية الانجليزية مترجم جوجل في الجانب الأيمن
كيلي وBusey
planetransgender

Gay, Lesbian, Bisexual and Transgender people in Iraq are being routinely hunted and murdered. Those LGBT people who have gone under ground can not contact their relatives out of fear that their own family will kill them.

The BBC is verifying this horrifying reality. Transgender people who prior to the American occupation were living authentically have all been murdered. The remaining queer community living in terror are now being stopped by local militia's and humiliated, beaten, dismembered and burned to death.

How many gay men have ever put on a piece of women's clothing? In Iraq this would be your fate.

BBC NEWS|Middle East|Iraqi gays face 'lives of hell'

Gays killed in Baghdad as clerics urge clampdown

Americans Killing Gay people in IRAQ وقف إعدام العراقيين مثلي الجنس

Defense: Colo. slaying because of deception

Found on 365Gay is AP article "Defense: Colo. slaying because of deception"

This article gives us a description of the transpanic tactic being deployed by Andrade's Defense team as they try to lessen the burden of guilt.

On 365Gay,

"Andrade’s attorney, Bradley Martin, said the case is about Zapata’s deception and his client’s reaction to that deception."

“This girl that he had just spent the last day with, was in fact a man, and Allen snapped,” Martin declared in opening statements."

"Prosecutor Brandi Nieto told jurors that Andrade and Zapata communicated nearly 700 times via text message, cell phone and computer between July 12 and July 16 as Zapata was apparently searching for a roommate. She said Andrade did not make a snap decision but rather decided to kill Zapata after the pair spent hours in Zapata’s tiny one-bedroom apartment."

"Andrade could have walked away once he learned Zapata was biologically male, Nieto said."

Please read on but be forewarned, accounts of lieing, deception and lowdown dirt crawling cowards spiting up hateful misconceptions are vividly described which has been know to precipitate crying and/or rage.

365Gay Defense: Colo. slaying because of deception

Call for an independent investigation into torture : Amnesty International USA

In a pivotal moment in our call for accountability, yesterday the Obama administration finally released the four infamous memos crafted to provide legal cover for the U.S. torture program.You and I know there is no legal form of torture. But Obama wants us to believe that "this is a time for reflection, not retribution."We've done plenty of reflecting, and the information in the memos only confirms what we've known all along. Torture is illegal under both domestic and international law and no set of legal memos can change that.Within hours of their release, the memos fueled new speculation that there is just too much out there now for Congress to ignore calls for accountability.

Incredibly, our lobby week is wrapping up today, giving us an amazing opportunity to push Congress on accountability, when they're most receptive to our calls, both in person and online. Send a letter now to Congress calling for a full and independent investigation.Before today, major editorial boards from the Boston Globe, Salt Lake City Tribune, and Philadelphia Inquirer threw their hat into the ring, calling for accountability.While we may have convinced editorial boards, it's Congress that has the power to setup independent investigations. This is the last day of our lobby week. While Amnesty members finish up their meetings, let's hit Congress from both on and offline.Send an email to your elected officials and tell them that you want to know the truth about torture. Once members of Congress realize they can't turn down the buzz about torture in their own districts, they'll have to confront the issue in Washington.The Obama administration has truly taken some important steps to correct past mistakes. Just a week ago, the CIA announced that it is no longer operating any of the secret overseas prisons used to detain terror suspects. While correcting some of these bigger problems certainly puts us on the right path, it doesn't tell us how we veered so far off in the wrong direction.By this time, anyone who isn't the slightest bit curious about how we became a nation that tortures needs a wake-up call. And we're just the group to give it to them!Thanks for standing with us,


Njambi Good
Director,
Counter Terror with Justice Campaign

American Violet Showtimes and Trailer

Too often, police drug raids in low-income communities across the county sweep up innocent people. Once in the system, it can become nearly impossible for these folks to prove their innocence. They lose their freedom; their families are broken; and the true story is rarely told.

American Violet is a new award-winning film opening in your area today that can help shine a light on the problem. By going to see the movie, you can help it get more exposure--it will run longer in theaters if it does well at first.

You can view the trailer and find your local theater, here

If you're able to see the film, please let us know what you thought by emailing us at violet@colorofchange.org.

American Violet tells the amazing story of a young, single mother swept up in an unjust, out-of-control drug raid that targets the Black community in a small town in Texas. The film is based on true events and it examines how our country's drug laws and enforcement practices target African-Americans, and how the justice system uses threats and intimidation to steer people towards guilty pleas, regardless of their innocence or the evidence against them.

Click here to find showtimes and buy tickets

The film is inspired by the real life story of Regina Kelly, an African-American, single mother of four girls who was arrested in 2000 in a military-style drug raid. The raid resulted in the arrest of nearly 15% of the town's young Black male population for felony cocaine distribution. Kelly was innocent. Her name, along with the names of many others arrested (nearly all African-American), were given to police by a single, highly unreliable informant with personal reasons to antagonize her. Despite Kelly's innocence, she was urged to plead guilty by her family and even her public defender so that she could return to her children and receive a minimal sentence. A felony conviction, however, would have resulted in the loss of her right to vote and the public assistance programs on which her family depended, not to mention the tainting of her personal reputation and her ability to obtain employment. She chose to maintain her plea of not guilty. American Violet tells the story of her fight for justice.

Please consider supporting this film, and please forward this email to friends and family to spread the word!

Thanks and Peace,

-- James, Gabriel, Clarissa, William, Dani, and the rest of the ColorOfChange.org team
April 17th, 2009

Help support our work. ColorOfChange.org is powered by YOU--your energy and dollars. We take no money from lobbyists or corporations and our tiny staff ensures your contributions go a long way. You can contribute here:

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The Bombshell Dropped In Prosecutor's Opening Statement At The Angie Zapata Hate Crime Murder Trial

by: Autumn Sandeen
Fri Apr 17, 2009 at 02:06:49 AM EDT Cross posted with full permission from Pam's House Blend. Thank you Autumn.

Today, 8:00AM to 5:00PM-ish MDT, I was in the Weld County, Colorado courtroom where the Angie Zapata Murder. The prosecution dropped a bombshell in the afternoon's opening statements: The Gay, Lesbian, Bisexual, And Transgender Community Center Of Colorado -- in an understated way -- states the courtroom revelation:
In opening statements, the prosecution said they will present evidence that shows that Andrade knew that Angie was transgender long before he killed her.
Prosecuting attorneys said in the days leading up to the two meeting in person, they had exchanged nearly 700 communications.
After meeting, the two went to a traffic court hearing in Greeley in which Angie was identified in court by her previous male name and by male pronouns.
The defense team contends Andrade did not learn of Angie's transgender status until moments before he killed her.
What came out in court, per Deputy District Attorney Brandi Lynn Nieto, was this traffic court trip took place 36-hours before Allen Ray Andrade admittedly killed her.
As the prosecution is describing the timeline, a trans panic or gay panic strategy would, with the evidence that the prosecution has stated in court it will present, be impossible to support. And, that's because a trans panic/gay panic defense is a crime of passion strategy: If, as suggested, Allen Ray Andrade knew Angie was transgender 36-hours before he killed her, then this wasn't a crime of passion.
And, since the defense is using a classic gay panic/trans panic/blame-the-victim strategy -- the defense using the hated language of "deceptive" to describe Angie in their opening statement, and using the language of "supposedly female" to describe Angie in questions posed to witnesses in cross-examination later in the day -- and if the prosecution uses can adequately support their opening statement assertions in their presentation to the jurors, then this alleged 36-hour awareness of her transgender status would destroy the veracity of the defense assertions.
This really is a bombshell dropped by the prosecution team!
Autumn Sandeen :: The Bombshell Dropped In Prosecutor's Opening Statement At The Angie Zapata Hate Crime Murder Trial

NCTE'S Mara Keisling Interviewed by Autumn Sandeen

National Center For Transgender Equality's Mara Keisling Interviewed by Autumn Sandeen

New media reporter and commentator Autumn Sandeen, (for National Center for Transgender Equality. The interview took place at the 4th Annual California Transgender more...Leadership Summit, held at the University of California, San Diego, on March 27th to 29th, 2009.The discussion covers Transgender Lobby Day (April 28th, 2008 in Washington, D.C.); how Mara is 28th from the top of the list of most "well paid" members of the LGBT related Non-Profit community; the upcoming 3rd Annual Transgender Religious Leaders Summit

IRAN : Death Penalty for Children and Dissenting Blogger وقف الطفل الجانح الإعدام في إيران

Source AlJazeera English March 24, 2009 المصدر الجزيرة الانجليزية 24 مارس

"The number of state-sanctioned executions almost doubled last year."

"A report by Amnesty International shows Iran, Saudi Arabia and China as being responsible for 90 per cent of all executions in 2008."

"Now, Iran is proposing a new law that could see the death sentence imposed on internet bloggers who post offensive material on the web."

Al Jazeera's Nazanin Sadri reports.

At planetransgender I seek to contact LGBT people in countries that I've had have few visitors from or have a goverment that persecutes LGBT people. Recently I've had some readers from Iran, brave people who refuse to live in shackles. These people's lifes are now in danger.

Take Action! Stop Child Offender Executions in Iran! وقف الطفل الجانح الإعدام في إيران

Click here to take action.

Abigail from Arizona 'Andrade's Goose is Cooked and it couldn't happen to a nicer guy'

Abigail authors a wonderful blog tittled "Living my Life". She is a transgender woman, activist and Lawyer who did a brilliant dissertation of the facts as presented currently in the Allen Andrade's murder Trial.

What I found most profound about our meeting is that we may have never met if it were not the for this horrendous act of hatred and our shared passion for justice and wonderment of the beauty of Angie Zapata's life.

Abigail's understandings and peace is a attribute of what accepting and then welcoming transition can be, if you are proficient with, or at least willing to work hard with a oar.

The wild rapids some of us experience are smooth summer ponds for others, but we are all floating in a river of commonality, transgender and cisgender alike.

Andrade's criminal defence depends on hacking apart our shared humanity, and he will fail. In this life his existence depends on a better defense but soon Andrade will kneel in supplication before our Lord, alone and naked in judgement of his soul, for eternity.

Angie's death has illuminated this in neon brilliance.

Abigail's blog "Living My Life"

NGLTF Creating Change 2010 Dallas Co-Chairs at the Resource Center April 23

April 15, 2009

Creating Change 2010 Host Committee Co-Chairs Take the Stage!
Host Committee to Launch in Dallas on April 23

The National Gay and Lesbian Task Force announces the Co-Chairs of the Dallas/Forth Worth Host Committee for The 22nd National Conference on LGBT Equality: Creating Change. The Creating Change conference (as it is affectionately known) will take place in Dallas, Texas February 3-7, 2010. The 22nd National Conference on LGBT Equality: Creating Change is sponsored, organized and produced by the National Gay and Lesbian Task Force. The LGBT movement’s premier annual gathering will be held for the second time in Dallas; the 1994 Creating Change Conference was also hosted in Dallas.

“We are delighted with our Co-Chair team of four accomplished and experienced community leaders,” said Russell Roybal, the Task Force’s deputy executive director of external affairs. “We’re coming back to Dallas to host our annual movement family gathering and we look forward to a robust and visionary event in the heart of Texas. Our 2010 Creating Change attendees will be treated to real Texas hospitality. Let’s live large and think big at Creating Change!”

The Co-Chairs will convene the first Creating Change 2010 Host Committee meeting on Thursday, April 23, 2009 at 7:30 PM in the Rainbow Room at the Resource Center of Dallas, 2701 Reagan St. For directions or information, call (214) 521-5124.

The National Conference on LGBT Equality: Creating Change is the premier national grassroots organizing and skills building LGBT conference. The 2009 Creating Change conference was held in Denver Colorado and attracted over 2000 LGBT rights advocates. The conference is well known for providing a unique environment where activists and leaders come together from diverse places and backgrounds to create a community that is both strengthening and inspiring to the participants.

To learn about the work of the National Gay and Lesbian Task Force, visit http://www.thetaskforce.org/.

For more information about the Creating Change conference, visit http://www.creatingchange.org/.

For more information about the Dallas/Forth Worth Creating Change Host Committee, please e-mail http://us.mc456.mail.yahoo.com/mc/compose?to=creatingchange@thetaskforce.org.

Meet the Co-Chair Leadership Team for the 2010 Creating Change Conference!

Allen Andrade Murder Trial Begins

Greeley - 4/16/2009

Alex Hannum Reports: After two days of jury selection, the prosecution and defense finally got the chance to present their opening statements in the murder trial of Allen Andrade.

Andrade is accused killing transgender female Angie Zapata last summer, after he found out she was biologically a male.

The prosecution claims Andrade waited more than 36 hours after he found out, before killing Zapata.

Original Article and clip showing opening statements at North Colorado 5.com

THERE IS NO EXCUSE NOT FOR NOT PROTECTING TEXAS SCHOOL CHILDREN

THERE IS NO EXCUSE NOT FOR NOT PROTECTING TEXAS SCHOOL CHILDREN

Click here to take action.

Bullying & harassment are not rites of passage; they are serious problems.

Children are being bullied to death.

When will the madness stop?

In 2007, the anti-bullying and anti-cyberbullying "Corinne's Law" was introduced in the Texas Legislature by Rep. Harold Dutton and supported by Equality Texas.

The bill died on the floor of the Texas House of Representatives for lack of action.

YOU can help stop the madness.

Urge passage of House Bill 1323 by Rep. Mark Strama.

Take Action. Ask your representative to vote FOR HB 1323. Help stop the madness.

Click here to take action.

Hey, That's The Wonderful Thing I Noticed! -- This Is How Community Is Supposed To Work! (+)

Cross posted with full permission from Autumn Sandeen from Pams House Blend. Thank you Autumn.

Hey, That's The Wonderful Thing I Noticed! -- This Is How Community Is Supposed To Work! (+)
by: Autumn Sandeen
Thu Apr 16, 2009 at 04:00:00 AM EDT
I was in a room in the courthouse today with good people from national and state organizations. We were talking about all of the organizations that have come together as a coalition to take on different responsibilities regarding the Angie Zapata Hate Crime Murder trial.
There was something that I'd noticed, and then another person in the room pointed out too. It dawned on me, and at least one other person in the room -- this is how broader community is supposed to work! Lesbian, gay, bisexual, and transgender organizations, as well as transgender specific organizations, ally organizations, anti-violence organizations, and progressive organizations are working together with all their related, but different but connected mission statements (and specific competencies) to create a unified coalition.
So, I asked for a list of local and national organizations that are working together, and folk in the room pooled their knowledge of which organizations have worked in this coalition -- so, from their collective memories I'll list these organizations alphabetically (if we missed any organization, I apologize in advance):
• Colorado Anti-Violence Program (CAVP) • Colorado State University Gay, Lesbian, Bisexual, Transgender Student Services • Dignity Denver • Gay & Lesbian Alliance Against Defamation (GLAAD) • Gay, Lesbian, Bisexual, And Transgender Community Center Of Colorado • Gender Identity Center Of Colorado • Gill Foundation • Lambda Community Center • National Coalition of Anti-Violence Programs (NCAVP) • ProgressNow Colorado
This isn't even indentifying the many individual community activists who have been working in this coalition.
As y'all know, my presence here is being coordinated and funded by ProgressNow Colorado.
And, as someone working within the scope of Lesbian, Gay, Bisexual, and Transgender media this week, I would not have been able to do my job effectively here without GLAAD's Adam Bass, as well as the rest of the GLAAD's support. (The GLAAD Online Resource Kit alone has been of tremendous value to me, and wonderful to recommend to other new and legacy media outlet reporters.)
I've seen cooperation working here at the organizational roots. I've seen the Colorado Anti-Violence Program, GLAAD, and the Gay, Lesbian, Bisexual, And Transgender Community Center Of Colorado working together to put out a single, daily press release instead of each putting out separate releases. I've seen the Gender Identity Center of Colorado and the Gay, Lesbian, Bisexual, And Transgender Community Center Of Colorado agree to have a single person filling the position of Transadvocate. I've seen ProgressNow Colorado and GLAAD work together to develop a new media strategy.
And this is just what I can see. It's obvious that I don't see all of the work that this coalition is doing, but it's very clear there is an effective coalition in place.
To me, this is a model how broader community can work together to coordinate their actions where their mission and vision statements either overlap or run parallel, or their serviced populations overlap.
I just can't help but believe this is just how broader community is supposed to work together -- It's been just amazing to watch this from the outside looking in.
I guess I can consider taking my rose colored glasses off a bit now, as I see the concept -- the idealism -- of community actually embraced and realized here in Colorado; I haven't needed my rose colored glasses to see something wonderful.
Autumn Sandeen :: Hey, That's The Wonderful Thing I Noticed! -- This Is How Community Is Supposed To Work!
Tags: Angie Zapata, Transgender, LGBT, Hate Crimes, (All Tags)

Tamil Nadu : Forced Prostitution and Slavery In Exchange for Sex Change

By kelli Anne Busey April 16, 2009 planetransgender.blogspot

Tamil Nadu : Forced Prostitution In Exchange for Sexual Reassignment Surgery(SRS)

I published an article on Friday, March 13, 2009 Sex-change for Free : Tamil Nadu India . I was very impressed that a State in India, Tamil Nadu, in a country with a long history of suffering transgender people to the lowest station of society was doing what appeared to be a 180 Degree turn about by offering Sex-changes for free. Sexual reassignment Surgery(SRS) to transgender people is freedom but a very costly one that marginalized people worldwide could never afford, without help.

Ever since that article was published planetransgender had hundreds of inquiries about 'Tamil Sex' and not one inquiry about the State of Tamil Nadu or how to arrange the SRS operation.

The article below found on Chennai Online, India is exposing what amounts to sexual slavery benefiting from what by first blush would appear to be a wonderful selfless act by the state of Tamil Nadu, India. Who is the grim reaper? It is doubtful the transgender people who were just arrested for trafficking had the where with all to organize and carry out such an undertaking.

Is the state of Tamil Nadu India sponsoring and benefiting from sexual slavery of the very most vulnerable people in it's citizenry?

Found on Chennai Online,

"Chennai, Apr 15 Five transgenders wanted in connection with an inter-state human trafficking case surrendered before a city court here today, taking the number of arrested and surrendered transgenders in the case to 11."

"CB-CID ADGP Archana Ramasundaram told PTI that the five persons, wanted in connection with the case relating to conducting transgender surgery on a teenager and forcing him into prostitution, surrendered before a Magistrate court and were remanded to 15 days judical custody."

Full original article at chennaionline.comFive wanted transgenders surrender before court

Also on the web,

planetransgender Friday, March 13, 2009 Sex-change for Free : Tamil Nadu India

Indian Express.com Sex-change for free

Investigate Bush administration officials who authorized torture

As you may recall, the ACLU has been trying to get Office of Legal Counsel (OLC) memos that provided the legal basis for the CIA’s illegal torture program.

Tomorrow, April 16, a deadline set in our FOIA lawsuit, we may finally see the documents authored by then-OLC attorneys Steven Bradbury and Jay Bybee. The memos reportedly provided legal justification for the CIA’s use of enhanced interrogation methods — at black sites like the ones Abd Al-Rahim Hussain Mohammed Al-Nashiri was held in — that amounted to torture. The memos also reportedly provided legal cover for the CIA’s interrogation methods in anticipation of Congress’s expected effort to outlaw “cruel, inhuman, or degrading treatment,” which it did in the Detainee Treatment Act of 2005, passed several months after Bradbury issued the memos.
In this new ACLU video, National Security Project Director Jameel Jaffer talks about why it’s so important for the Obama administration to live up to its promise of transparency by disclosing the memos.


If you haven’t already, please send a letter to Attorney General Holder. He’s taken the first step and signed-off on the release of the memos. Tell him now to appoint an independent prosecutor to investigate Bush administration officials who authorized torture.

ACLU Demands Tennessee Schools Stop Censoring Gay Educational Websites (4/15/2009)

Filtering Software Still Allows So-Called “Ex-Gay” Sites
FOR IMMEDIATE RELEASECONTACT: (212) 549-2666; media@aclu.org
NASHVILLE, TN - As many as 107 Tennessee public school districts could be illegally preventing students from accessing online information about lesbian, gay, bisexual and transgender issues, according to a letter to sent to school officials by the American Civil Liberties Union. The letter demands that Knox County Schools, Metro Nashville Public Schools, and the Tennessee Schools Cooperative unblock the Internet filtering category designated “LGBT” so that students can access political and educational information about LGBT issues on school computers.
“When I found out about this web filtering software, I wasn’t looking for anything sexual or inappropriate – I was looking for information about scholarships for LGBT students, and I couldn’t get to it because of this software,” said Andrew Emitt, a 17-year-old senior at Central High School in Knoxville. “Our schools shouldn’t be keeping students in the dark about LGBT organizations and resources.”
In its letter, the ACLU gives the districts and the Tennessee Schools Cooperative until April 29 to come up with a plan to restore access to the LGBT sites or any other category that blocks non-sexual websites advocating the fair treatment of LGBT people by the beginning of the 2009-2010 school year. If that deadline is not met, the ACLU will file a lawsuit.
“Students at Knox County and Metro Nashville schools are being denied access to content that is protected speech under the First Amendment as well as the Tennessee state constitution,” said Tricia Herzfeld, Staff Attorney with the ACLU of Tennessee. “This kind of censorship does nothing but hurt students, whether they’re being harassed at school and want to know about their legal rights or are just trying to finish an assignment for a class.”
The Internet filtering software used by Knox County and Metro Nashville school districts blocks student access to the websites of many well-known national LGBT organizations, including:
Parents, Families, and Friends of Lesbians and Gays (PFLAG)
The Gay Lesbian Straight Education Network (GLSEN)
Human Rights Campaign (HRC)
Marriage Equality USA
Religious Coalition for the Freedom to Marry
The Gay and Lesbian Alliance Against Defamation (GLAAD)
Dignity USA (an organization for LGBT Catholics)
In its demand letter, the ACLU notes that websites that urge LGBT persons to change their sexual orientation or gender identity through so-called “reparative therapy” or “ex-gay” ministries – a practice denounced as dangerous and harmful to young people by such groups as the American Psychological Association, the American Psychiatric Association, the American Medical Association, and the American Academy of Pediatrics – can still be easily accessed by students.
“One of the problems with this software is that it only allows students access to one side of information about topics that are part of the public debate right now, like marriage for same-sex couples,” said Karyn Storts-Brinks, a librarian at Fulton High School in Knoxville, pointing out that the software blocks access to organizations that support marriage for same-sex couples like the Religious Coalition for Freedom to Marry or the Interfaith Working Group while allowing access to organizations that oppose marriage equality. “Students who need to do research for assignments on current events can only get one viewpoint, keeping them from being able to cover both sides of the issue. That’s not fair and can hinder their schoolwork.”
“Public schools are supposed to be a place where students learn from the open exchange of ideas,” said Eric Austin, a senior at Hume-Fogg High School in Nashville, which also uses the filtering software. “How are we supposed to be informed citizens and learn how to have respectful debate when our schools rule out an entire category of information for no good reason?”
No federal or state law requires school districts to block access to LGBT sites. Tennessee law, Tenn. Code § 49-1-221, only requires schools to implement filtering software to restrict information that is obscene or harmful to minors. About 80 percent of Tennessee public schools, including those in the Knox County and Metro Nashville districts, use filtering software provided by Education Networks of America (ENA), and the software’s default setting blocks sites ENA categorizes as LGBT. The ACLU believes that most of the 107 Tennessee school districts that use ENA’s filtering software keep the LGBT category blocked. ENA blocks access to a wide category of “LGBT” sites described on the organization’s website as
Sites that provide information regarding, support, promote, or cater to one's sexual orientation or gender identity including but not limited to lesbian, gay, bi-sexual, and transgender sites. This category does not include sites that are sexually gratuitous in nature which would typically fall under the Pornography category. Examples: glsen.org, gsanetwork.org, hrc.org
“When public schools only allow access to one side of an issue by blocking certain websites, they’re engaging in illegal viewpoint discrimination,” said Hedy Weinberg, Executive Director of the ACLU of Tennessee. “Over a hundred other school districts in Tennessee use the same filtering software used in Metro Nashville and Knox County, and we’re eager to find out whether any of those systems are also violating students’ Constitutional rights by restricting access to LGBT sites.”
Tennessee students, teachers, or school librarians whose schools use the ENA web filtering software and find that their access to LGBT websites is restricted are encouraged to contact the ACLU of Tennessee by phone at 615-320-7142 or by email at aclutn@aclu-tn.org.
Austin, Emitt, and Storts-Brinks are represented by Herzfeld, Chris Hansen and Catherine Crump of the ACLU First Amendment Working Group, and Christine Sun of the ACLU LGBT Project.
A copy of the ACLU’s demand letter is available at http://www.aclu.org/lgbt/youth/39346res20090413.html.

Wednesday 'Mini Statements' Open Andrade Murder Trial

Source 9News.com

"GREELEY - During the second day of jury selection, the prosecution and defense in the Allen Andrade murder trial gave a glimpse into how each side will proceed throughout trial."

"The prosecution [ Weld County Deputy District Attorney Brandi Nieto ] went first saying Andrade, 32, intentionally and deliberately murdered Angie Zapata, 18, on July 16, 2008. "

"You're also going to learn from the evidence that there's absolutely no evidence of any sexual activity occurring either on or around the time this murder was committed," Nieto said.

"Andrade's defense attorney, Annette Kundelius, followed saying Andrade did kill Zapata, but argued the murder was a crime of passion and doesn't rise to the level of first degree murder or a bias motivated crime. "

"When [Andrade] learned Angie was in fact Justin and was a male, he immediately reacted to that," she said. "He had been deceived and he reacted."

Complete original article at 9news.com
http://www.9news.com/rss/article.aspx?storyid=113868