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Judge throws out confession in Angie Zapata slaying

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GREELEY, Colo. (Map, News) - A Weld County district judge says prosecutors cannot use at trial a confession made by a man accused of killing a transgender woman in Greeley.

Judge Marcelo Kopcow issued a ruling Tuesday that threw out a July 30 confession to police by 31-year-old Allen Andrade of Thornton.

Andrade is accused of killing 18-year-old Angie Zapata, a transgender woman found dead July 17 in her southeast Greeley apartment.

http://www.examiner.com/a-1899622~Judge_th...er_slaying.html

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"Kopcow determined that statements Andrade made to investigators were elicited after Andrade clearly stated he was finished answering questions about 40 minutes into a two-hour interrogation." -from article

<_< sounds like the blind leading the blind here -- cops don't understand "i'm finished," but how convincing was that declaration when the accused continued to answer questions. or perhaps andrade kept talking to make a mockery of the legal system... maybe he had an idea his "confession" would eventually be tossed on this legality?

why does it always seem that those who carry out these crimes against TG/TS people never seem to receive the full weight of justice as compared to those who commit similar crimes against non-TG/TS people...

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Posted

Because society despises people like us, plain and simple.

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Posted

Girl Inside,

I hope you find a scenario where it is brought to light that this is not so. Perhaps I would not be given the pass I am if I were not young and relatively passable now, true, but I will say,at the current, I still introduce myself as 'jeff' to quell confusion around friends and you'd be surprised that when they find out I'm trans, sure, some are curious, some ask questions, but despising sentiment and ill will is nothing I've had directed to me save a few, rare occurrences when insecure frat boys have that take a cheap shot from a passing car.

I know from our time talking on here that indeed you are strong in opinions and your beliefs and I applaud that. However, I believe alot of your fear is self-imposed and unwarranted. I used to feel exactly like you do. I felt I'd be ostracized from the social community; that I would become an overnight pariah, only kept around for some cheap laughs. I was happily mistaken on all accounts.

Also, you and I, we're both young. I know you claim transition isn't an option for you, and I respect that, perhaps more so than most only because I too felt if I tried to transition, that being trans would preceed my character in how people view me. I'll admit, its a little more difficult to break the ice at first. However, once they realize Im not a perv, some weirdo sex fiend, and that I *dont* want to just talk about trans issues and such and that I do indeed have a very fun personality, they forget Im trans, some even that Im not a girl *technically.*

I'm not trying to persuade you, but as someone who seems so stuck and so down in their situation, yet such a negative view of a potential solution (transition) it bothers me that you may be falling for the same clap trap I was. Are people odd about it? Sure, but that fades. I can tell you, to my close friends, save few with their own issues with this that are all on them, most have just taken to viewing me as a woman. I cannot tell you how great it feels, tonight, ironing all my clothes, packing the my makeup and everything, and knowing that I am traveling to visit my friends at their home, and that I can now do this as myself. Was it scary at first? You bet you butt it was. I was mortified to use my 'voice' and even moreso that one my think me just gay. Then I got over it. Seriously, I'm telling you, if transition isn't going to make you happy and provide you a life you will better enjoy, then I'm totally with you on not wanting to transition. However, it seems like if you even just tried it for a bit, you'd see just how much the world opens up. I used to feel trapped in a place I didn't belong. I used to hate going to the bar, hate going to parties. All because I had to play a person that just simply was *not* me. Now, I revel in social interaction. I live for darts night with my High School friends. I can't even begin to tell you how wonderful it is to have people refer to me as 'her' and 'she' and *actually* mean it. I'm telling you. It may not be the answer for you, but I think you have the wrong idea of how the world views us. The world, or most of it, does not hate transgender or even homosexual people. It is unhappy with certain actions people in these sub cultures take. Such as, most people don't hate gay pride because its about being proud of being gay, they hate it because its grown men dancing in next to nothing in the middle of an afternoon day, in a place where children could stumble across it. They don't hate trans people, they dislike the theatrics and dramatics exuded by the small minority of our community who see being a woman as a free pass to be a total queen, or in the case of FTM, an excuse to be extremely rough and rude and aggressive.

My point? You seem like quite a well-to-do and polite young lady. I don't believe for a single moment that people would judge you as harshly as you seem to think. Again, not saying you should even consider transition, but just re-consider your judgement of society. Again, I can tell you from personal experience, as a girl whos not even on estrogen and only been on Spiro for 6 months, I'll tell you, this is the rough stage. Even knowing that, its nowhere NEAR as bad as I thought even the *GOOD* times would be. Rather, the bad times are usually of my own design and a part of my own insecurity.

I know you've most likely found your path in life and I think that's great. but please, I hope you understand that the world is not *that* cold, and that if this decision was made based on such assumption, that you at some point reassess the situation and realize that fear is usually unfounded, and no real reason to ever stop from pursuing what you want in life.

All the best :)

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Posted

i dunno where girlinside lives...but it seems to me she lives in a part of the country where the society there... is pretty much like the society here where i live - in OK

i'm sure you all remember the thread about oklahoma state representative sally kern and her [ignorant] comments about homosexuals. (the vid on youtube is no longer available, but you can still hear her spoutings here) some of you indicated that you then understood why i felt the way i did about society. believable or not... sally kern's way of thinking is representative of at least where i live. she was only crucified by some of her colleagues i'm sure because it was politically correct. i'm sure had someone on the outside not caught her bullcrap on tape... we would never have heard about it - the people in attendance were most probably like-minded.

unlike girlinside, who believes she would never pass... i'm pretty sure i would have no trouble passing especially once T did it's work on me. so my problem has nothing to do with passing (i'm quite often "mistaken" as male as it is)... my problem has everything to do with how i will be treated. to some, a town with a population of 90,000 is HUGE... but it's not. and when you've worked for a large entity...it's hard to transition and no one know about it.

i think sometimes it just all depends on where you live. where you live can have an impact on what you do. and for some...it's not always easy to just up and move.

i'm from PA... maybe i should just try to move back there.

-michael

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Posted

DISGUSTING.

I wonder if because they consider us expendable that they are more vigilant in protecting his rights. It's like they are helping him get off.

DISGUSTING.

They are making a mockery of the justic system. If he was "finished", then he should have kept his mouth shut. Nobody forced him to talk.

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Posted

I live in a small town in an area of the U.S. that is not particularly well known for it's acceptance of diversity, whether it be religious, racial, sexual or whatever. And it has been my experience that even though some people may not approve of how I live my life, most of them are simply too busy with their own lives to waste their time persecuting me simply because I'm different.

But then I get to thinking about all the various ways in which one can be persecuted and I realize that some of them are a little more insidious than the overt hate crimes that get all the attention. One of them is invisibility. While people may not be actively beating me up or berating me with nasty epithets, I do realize that there is a large number of employers who I am fully qualified to work for, except that they would never hire me because I am openly transgendered. I also notice that some people simply try to ignore me and act as though I don't even exist.

Another form of persecution is exemplified by this judge's actions, which is when a person in a position of power blatantly shows that they just don't give a shit when something bad befalls an outsider. I think things like this are intentional and they serve the purpose of reminding the community of what is permissible and what is not by denying due process to any victim who steps outside the lines. It also serves as a warning to others who might dare to transgress the standards of the community, however draconian they might be.

So while my think-positive side really wants to agree with Ashlee, I unfortunately have to agree with LMP on this one: "DISGUSTING". :angry:

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Posted

"But then I get to thinking about all the various ways in which one can be persecuted...things like this are intentional and they serve the purpose of reminding the community of what is permissible and what is not...It also serves as a warning to others who might dare to transgress the standards of the community..." -Shannon

tha's what i'm talkin' about!

kopcow's action, tho he may not have had any choice legally, reminds me of the judge who blantantly exercised what i called "bigotry on the bench," and denied an online friend* his name change despite the fact that laws in his state did not uphold the judge's decision. and yes, he had done everything the way he was supposed to. he even had a lawyer.

so yeah... at the risk of sounding like a broken record - DISGUSTING! and to support girlinside's comment about society despising us...i've seen/heard many a comment about both gays and the transgendered. here, if you really wanna know how people feel...be around when something comes on TV about transexuals. and it doesn't matter if it's a well-done documentary or a jerry springer special - the disgust that spurts from the mouths of the viewers is the same.

*tho i never posted as much on the thread,last i talked to him, his name has finally been legally changed.

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Posted

i dunno where girlinside lives...but it seems to me she lives in a part of the country where the society there... is pretty much like the society here where i live - in OK[/uote]

Yes. It's called Western culture.

The so-called "liberal areas" are not as liberal as we like to think. Biological males are harassed just as much for the slightest display of femininity. And let's not forget that Gwen Araujo lived in the San Francisco Bay Area, the most liberal area in the country. Did you see the article on my site about how little money transsexuals make even there? It's appalling!

To my amazement, 10-20% of people who meet me for the first time (and can see what I look like) assume I'm biologically female, in spite of my very masculine physical appearance--they probably just assume I'm the Missing Link or something. So I pass a little bit. But the bigger issue is how I would get treated, just as you say--and it only takes one person to out a transsexual.

The only place I can think of where we would be remotely tolerated is Samoa--and I don't know if a foreinger can become a fa'afafine.

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Posted

this trial has been running on tru tv... i wish i had known about it in advance so as to give a head's up for anyone who wanted to watch it. every so often while channel-cruising...i will come up on a trial and stop to see what's going on. that's what happened today.

the interrogation that was deemed inadmissible in court was shown to tv viewers. as i watched the interrogation...i began to consider it and the cop involved to be about as unprofessional and insensative as anything can be, and even seemed to be giving andrade an "out" for what he had done. guest speaker judge karen mills-francis addressed this on the show "in session" during a court break.

the detective, greg tharp, referred to angie zapata thru out the interrogation as "this person," "he," "the dude," "this guy." he offered to andrade that he (tharp) could certainly understand why andrade freaked out, and that he didn't know what he would do were he to find himself in a similar situation. he even commented that zapata had been living in a bad life-style. if you heard this interrogation...it was as if the cop was telling andrade that zapata's death was justified, that she deserved what she got.

tharp went on to tell andrade that he knew andrade was a good guy, that he just wound up in a bad situation, and described to andrade the differences in the various types of charges that could come of this...but he knew that andrade didn't just murder zapata, that andrade wasn't a murderer. and therefore, he wanted andrade to relate the events surrounding zapata's death...basically so that they would know that he didn't commit pre-meditated first degree murder.

the same insensativity is going on in the court - the defense calling zapata by her birth name, "justin," and referring to her as "he," "brother," "him," etc., while questioning those on the stand - INCLUDING angie's family members.

after seeing the interrogation of andrade...i believe this interrogation should be used after this trial is over as a training tool in a sensativity course on how police should NOT conduct themselves. in my opinion... tharp is no less the scum that andrade is.

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Posted

I believe there has been an update on this story.

Hopefully the violence will stop one day for all people, GLBT and non-GLBT

Bobbie Jo

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Posted

Wednesday, April 22, 2009

GREELEY, Colo. - A man who claimed he snapped before killing a transgender woman was swiftly convicted of first-degree murder and a hate crime Wednesday for savagely beating the woman with a fire extinguisher.

Allen Andrade, 32, of Thornton, was sentenced to life in prison without parole after being convicted of killing Angie Zapata, 18. The jury deliberated for just two hours before finding Andrade guilty.

In handing down the sentence, District Judge Marcelo Kopcow said he hoped Andrade thinks "about the violence and the brutality ... and the pain you caused not only your family, but the family of Angie Zapata."

The case was believed to be the first prosecution under Colorado's bias-crime statute for a crime involving a transgender person. Gay rights activists hope publicity from the case would pressure Congress to add sexual orientation and gender identity to a federal hate crime law.

Prosecutors had argued Andrade knew for hours that Zapata was biologically male and beat her to death because he disliked gays. They said Andrade had attended a court hearing with Zapata where court officials used her legal name, Justin.

Witnesses also testified that when Zapata spoke, she sounded like a man trying to disguise his voice.

Andrade's attorney didn't deny that he killed Zapata, but said he had just learned Zapata's identity after spending hours with her and he lashed out without thinking. Defense attorney Annette Kundelius said Andrade and Zapata agreed to meet for sex after Zapata deceptively described herself as a straight female.

"This is not something that people plan for," she told jurors. "This isn't a situation where people know how they would act."

During the trial, prosecutors played recorded jail conversations where Andrade referred to Zapata as "it" and said it wasn't as if he "killed a straight, law-abiding citizen."

"His own statements in the jail call betray the way he values Angie's life, the way he thought of her as less than, less than us because of who she was," Chief Deputy District Attorney Robb Miller told jurors.

"Everyone deserves equal protection under the law and no one deserves to die like this," Miller said.

Kundelius said Andrade's statements were jokes made by a man who knew he was innocent.

"Was it in poor taste, was it a smart thing to say?" Kundelius asked jurors. "No. But it doesn't mean he committed murder."

Maria Zapata, the victim's mother, called the murder "a selfish act" by Andrade.

"But there is something that he can never take away is the love and the memories my family and I have of my baby, my beautiful, beautiful baby," she told the court before the sentencing.

Andrade's sister, Christina Cruz, said her family was "not supporting the outcome, but we do support him as my brother."

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thanks for the update bobbie jo. i had been busy today and did not get to see if the trial was on-going or anything.

i'm glad the jury saw thru andrade's lies and his lawyer's bull$ch!dt in an attempt to make his client look like the victim. the prosecution did a good job. i hope this sends a message to other homophobic and transphobic people out there who think they can beat, rape and/or murder transgender people.

-michael

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thanks for the update bobbie jo. i had been busy today and did not get to see if the trial was on-going or anything.

i'm glad the jury saw thru andrade's lies and his lawyer's bull$ch!dt in an attempt to make his client look like the victim. the prosecution did a good job. i hope this sends a message to other homophobic and transphobic people out there who think they can beat, rape and/or murder transgender people.

-michael

quite welcome, thankfully the jury saw through the bullsh**. I hope that one day we won't be talking about transgendered people being killed for being themselves.

Bobbie Jo

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