Posted on 05/13/2009 7:38:32 PM PDT by nickcarraway
A state appeals court upheld the murder convictions of two East Bay men today for their roles in battering and strangling a transgender teenager after learning she was biologically male.
The killing of 17-year-old Gwen Araujo of Newark in 2002 drew national attention to incidents of violence against transgender people, which often include defense claims that the victim provoked the attack by having sex under false pretenses.
In this case, lawyers for both defendants argued that the slaying was manslaughter at most, because their clients had acted in the heat of passion when they learned the person with whom they had had oral and anal sex was born male. But the First District Court of Appeal in San Francisco ruled 3-0 that the Alameda County trial judge had defined the crimes properly to the jury, and that the panel had substantial evidence for second-degree murder convictions.
Mark Greenberg, a lawyer for defendant Michael Magidson, said he would appeal to the state Supreme Court.
"Mr. Magidson committed a serious crime, but the question is, which crime did he commit?" Greenberg said. "I think the issue of voluntary manslaughter was not properly presented to the jury."
Deputy District Attorney Chris Lamiero, the prosecutor, said the case should stand for the principle that a crime is not reduced from murder to manslaughter "simply because the victim was transgender."
Magidson, now 28, and Jose Merel, 29, both of Newark, were convicted of second-degree murder in 2005 and sentenced to 15 years to life in prison. Jurors rejected charges of premeditated first-degree murder and a hate-crime allegation and deadlocked on charges against a third defendant, Jason Cazares, 29, who later pleaded guilty to voluntary manslaughter and got a six-year term.
(Excerpt) Read more at sfgate.com ...
After learning HE was biologically male. No such thing as "transgendered". He was a boy dressing up as a girl.
Not that I have the time nor desire to try to keep up with all the perversions out there...
I guess it pays to really get to know someone before you have oral and anal sex with them...
Does Trans-Gender mean going from one grammatical term to another?
Exactly
And if the operation isn't performed carefully you may end up with dangling participles, or even worse, split infinitives.
Cheers!
The real crux of the problem.
Finally a real definition that I can understand.
Now that was funny.
Could you please answer this question for me.
Ir a transgender (male posing as female) has sex with a male are they considered heterosexual? Wouldn’t they be homosexual if they perferred girls?
if a boy posing as a girl was found with an underage girl could he be convicted of statuatory rape?
Let me just answer your first question with a YouTube clip from the Will Ferrell movie Blades of Glory.
In the movie, Will Ferrell pairs up with the star of Napoleon Dynamite to compete in pairs figure skating.
Which if you haven't noticed, usually involves a man and a woman.
Click here.
The questions to ask are:
1) Are there two hot dogs, or only one?
2) Are the hot dogs "all natural"?
3) Or has Oscar Meyer lost his weiner?
Cheers!
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