Archive

Archive for the ‘trial’ Category

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

Decrease font Decrease font
Enlarge font Enlarge font


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.
Click to view previous image
1 of 2
Click to view next image

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.

Judge denies new trial to man with IQ of 47 who molested boy

April 8, 2009 schnurbush 45 comments

Paris, Texas, judge denies new trial to man with IQ of 47 who molested boy

Witnesses testify that Aaron Hart, 18, is mentally disabled

PARIS, Texas — For more than six hours Tuesday, as a parade of witnesses testified about the severity of Aaron Hart’s mental retardation and his inability to understand his legal rights, the 18-year-old defendant with an IQ of 47 sat silent and shackled in a chair, alternately fidgeting and making faces.

But in the end, none of it was enough to persuade a judge in this small east Texas town to reconsider the 100-year prison sentence he gave Hart in February after Hart pleaded guilty to molesting a 6-year-old boy.

Ruling in a case that critics of the local justice system say raises questions of fairness for the mentally challenged, Lamar County Judge Eric Clifford denied defense motions seeking either a new trial or a new sentencing hearing for Hart. His former special-education teacher testified that Hart functions below the level of a 1st grader.

Last September, Hart confessed to police that he forced the boy to perform oral sex. The boy’s stepmother had discovered them both behind a shed with their pants lowered. Hart’s court-appointed attorney entered guilty pleas on his behalf to five related felony counts, a jury recommended multiple sentences and Clifford stacked the prison terms to run consecutively, for a total of 100 years.

But Hart’s appellate attorney, David Pearson, argued Tuesday that Hart had received ineffective legal assistance because his trial attorney had failed to present any expert testimony about Hart’s mental functioning or his ability to comprehend the charges against him.

“This case cried out for a mental health evaluation, to explain this disability to the judge and jury,” Pearson told Clifford. “One of the features of people with this kind of mental retardation is they cannot appreciate degrees of wrongfulness.”

District Atty. Gary Young countered that a court-appointed expert had determined that Hart was legally competent and that a jury had determined he was a danger to the community.

“Everyone feels sorry for Mr. Hart,” Young told the judge. “The question is, do you leave him on the street or send him to prison?”

Clifford, who last week said he had agonized over the case, took only a few seconds to issue his ruling.

“Irregardless of whether he understood his Miranda rights, the evidence I have seen is overwhelming that he committed the offense,” Clifford said. “The court finds that allegations of incompetence of counsel are unfounded.”

Hart will remain in jail pending the outcome of an appeal likely to be heard in the fall. Hart’s parents say he has been raped repeatedly by other inmates since he was first arrested last September.

hwitt@tribune.com

Categories: sex offenders, trial Tags: ,