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No DNA on Truck in Racially Charged Texas Case

April 16, 2009 schnurbush 11 comments

No DNA on truck in racially charged Texas case

DALLAS — Texas prosecutors say they still plan to take to trial a racially charged murder case against two white men accused of running down a black man with a pickup truck, even though they have no physical evidence or eyewitnesses linking the suspects to the crime.

Special prosecutor Toby Shook said this week that forensic testing on the undercarriage of the pickup truck owned by one of the defendants turned up no DNA belonging to the victim.

“But that’s not a surprise, considering it had been thoroughly washed,” Shook said. Police contend the defendants took the vehicle to a car wash and cleaned it after the incident.

Shannon Finley and Charles Crostley are accused in the death of 24-year-old Brandon McClelland, whose mangled body was found Sept. 16 on a country road near the East Texas town of Paris.

Authorities said McClelland died after the three friends went on a late-night beer run across the Oklahoma border. They argued on the way back about whether Finley was too drunk to drive, and McClelland got out of the car to walk home. Authorities allege that Finley then ran down McClelland, whose body was he truck and dragged about 70 feet.

Ben Massar, Finley’s attorney, said the lack of physical evidence indicates the prosecution’s “weak case.” He also questioned the credibility of one of the witnesses whom police relied on in preparing a search warrant affidavit. That witness told police Finley had confessed to running over McClelland.

“Each day, I am getting more confident that Shannon Finley is not guilty,” Massar said. “In the interest of justice, I am hoping this is dismissed prior to trial.”

Shook and Massar said there has been no discussion of a plea deal or dismissing charges.

“I am confident in our case and look forward to presenting the evidence to a jury,” Shook said.

Both defendants have criminal records, including a 2003 murder charge against Finley that resulted in him pleading guilty to manslaughter. Finley’s attorney in the 2003 case was Gary Young, now the Lamar County district attorney. Young recused himself from the case, and Shook was named special prosecutor.

Crostley has a criminal record that includes misdemeanor drug convictions but no violent felonies.

Finley’s trial is scheduled for July 20 and Crostley’s for Sept. 21. They will be tried separately in Sulphur Springs in Hopkins County, about 40 miles south of Paris, after their trials were moved because of extensive pretrial publicity.

The case was set to be tried in Paris, a town with a history of tense race relations. The courthouse in Paris was the site of a November rally against the county’s judicial system that drew about 200 protesters, including members of the New Black Panther Party and the Nation of Islam.

McClelland’s family and others have alleged that his death was racially motivated and compared it to the notorious dragging death of James Byrd 11 years ago in Jasper, another East Texas town. Byrd was chained to the back of a pickup truck and dragged about three miles.

Community activists said McClelland’s death is one of many events illustrating racial problems in Paris, which is about 73 percent white and 22 percent black. Local activists have alleged unequal treatment for blacks in the judicial system, highlighted by a 2007 case in which a black girl was sentenced to up to seven years in a juvenile prison for shoving a teacher’s aide. Meanwhile, the same judge sentenced a white girl to probation for burning down her parents’ house.

Last month, civil rights attorneys held a news conference after two black workers at a pipe fabrication facility alleged widespread racism and said supervisors have not responded to complaints about racist graffiti, nooses and slurs.

Categories: hate crime, race Tags: ,

Trail begins in Slaying of Transgender Woman

April 16, 2009 schnurbush 28 comments

Trial begins in slaying of transgender woman

  • Story Highlights
  • Prosecutors charge man with murder in slaying of transgender woman, age 18
  • Suspect and victim had met online before seeing each other in person
  • “Hate crime” case has been closely watched by transgender-rights groups
  • If convicted, defendant could be sentence to life in prison with no parole
  • Next Article in Crime »

By Jim Spellman
CNN

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GREELEY, Colorado (CNN) — It started as a tryst, arranged online, in a quiet town in the shadow of the Rocky Mountains. She was an 18-year-old transgender woman. He was a 32-year-old rough-and-tumble gang member.

Allen Andrade is on trial for the slaying of an 18-year-old transgender woman.

Allen Andrade is on trial for the slaying of an 18-year-old transgender woman.
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It ended in homicide.

Jury selection was completed Thursday in the trial of Allen Andrade for the murder of Justin “Angie” Zapata, and opening statements were scheduled later in the day.

Andrade has been charged with murder plus a bias-motivated crime.

Zapata was 18 years old in the summer of 2008 when prosecutors say she met Andrade, then 32, on the popular online networking site MocoSpace.

According to a police affidavit, the two arranged to meet and Zapata brought Andrade to her apartment in Greeley, Colorado, where they spent two days together. During that time, according to the affidavit, Andrade says Zapata performed oral sex on him. When Zapata was out of the apartment, Andrade noticed photographs of Zapata that made him “question victim Zapata’s sex.”

When Zapata returned, Andrade confronted her. Zapata declared, “I am all woman.” Andrade then grabbed Zapata’s crotch and discovered a penis.

What happened next is gruesome.

According to the affidavit, Andrade told police he began hitting Zapata with his fists, knocking her to the ground. He then grabbed a fire extinguisher and hit her in the head two times.

He told police he thought he had “killed it,” referring to Zapata, and covered her with a blanket. He then set about trying to clean up the crime scene. While doing this, he heard “gurgling” sounds coming from the victim and saw Zapata sitting up. He hit her again with the fire extinguisher.

This time Zapata was dead.

Andrade took Zapata’s car and fled. Two weeks later, police discovered the car and arrested Andrade.

Calls to Andrade’s public defender for comment have not been returned.

The case has become a rallying point for supporters of the transgender community who have held vigils and launched Web sites in remembrance of Zapata. They are calling for the inclusion of transgender people in hate-crime statues across the country and at the federal level. Currently 11 states and the District of Columbia recognize transgender people in their anti-hate crime laws.

Mindy Barton, legal director for the Gay, Lesbian, Bisexual and Transgender Community Center of Colorado, says this has the makings of a landmark case.

“We believe this is the first case of any hate crime law being applied in an anti-transgender murder case,” Barton says. “A vicious attack such as this, with the evidence of overkill and excessive brutality, leaves the whole transgender community feeling afraid to live their daily lives.”

If convicted of first-degree murder, Andrade will face a mandatory sentence of life in prison without the possibility of parole. The charge of a bias-motivated crime carries only a one- to three-year sentence, but Barton says the length of sentence isn’t important.

“It is not the sentence which is important, but the fact that victims, perpetrators and law enforcement officials recognize that such bigotry and hatred will not be tolerated,” she says. “That is the important message when there is a charge and a conviction under a hate-crime law.”

Court officials in Greeley are preparing for possible protests outside the courthouse. The trial is expected to last about two weeks.