Related To Story TRANSGENDER TEEN SLAYING Video: Verdict Could Precedent Setting Video: Man Found Guilty In Death Of Transgender Woman Video: Verdict Reached In Transgender Slaying Trial |
Defense Rests Case In Transgender Slaying Trial
Andrade Taking Stand Does Not Take Stand
POSTED: 5:33 pm MDT April 21, 2009
UPDATED: 7:14 pm MDT April 21, 2009
GREELEY, Colo. -- The defense has rested its case in the trial of a Greeley man accused of beating a transgender woman to death with a fire extinguisher.The defense called five witnesses, with Andrade declining to testify. The jury was expected to hear closing arguments Wednesday and begin deliberations.
Bradley Martin, an attorney for Allen Andrade, downplayed comments Andrade made in recorded jail conversations, including that "all gay things must die." "Looking at the context, it could be shown that it was said in a joking manner," Martin argued. Prosecutors say Andrade knew for 36 hours that Zapata was biologically male and beat her to death with a fire extinguisher out of his dislike for homosexuals. Andrade's attorneys argue Zapata deceived him, and that he snapped when he discovered she was a man. Two detectives, a former roommate, a female friend and an acquaintance testified that it was difficult to tell Zapata was a man based on her appearance, the way she carried herself and women's clothes in her apartment. But one witness appeared to counter the defense claim that Andrade was deceived. "She definitely sounded like a male trying to sound like a female," said David Hedstrom, who knew Zapata through her sister, Monica Murguia, who also goes by Monica Zapata. During four days of testimony, prosecution witnesses testified that Andrade's DNA was found on cigarette butts, a sex toy in Zapata's apartment, and a purse belonging to Zapata that Andrade later gave to one of his girlfriends. That evidence, along with tape-recorded jail phone calls in which Andrade expressed disdain for homosexuals and alluded to Zapata's slaying, proved crucial because Kopcow threw out comments Andrade made to investigators after requesting an attorney. Investigators said those comments included Andrade saying he struck Zapata twice with a fire extinguisher when he confronted her about her gender. Investigators also said Andrade told them Zapata had performed oral sex on him the night before. During the taped conversations with two of his girlfriends, Andrade downplayed the slaying, saying it wasn't like he "killed a straight, law-abiding citizen" and referring to Zapata as "it." "That moment was so bad that I can't explain it. I don't even know what happened," Andrade told Felicia Mendoza, one of two girlfriends who testified Monday, according to an account of the trial in the Greeley Tribune newspaper. Andrade also told Mendoza why he visited a bisexual section of the social networking site where he met Zapata. "I wasn't on there looking for nothing like that," Andrade explained, according to the newspaper. "It was weird." Prosecutors also said it was possible Andrade could've learned Zapata's gender a day before her slaying, alleging he attended a court hearing with her during which her legal name, Justin Zapata, was used. Gay rights activists hope the case raises awareness for adding sexual orientation and gender identity to a federal hate crime law, which would allow the FBI and other federal agencies to investigate crimes against gays, lesbians, bisexuals and transgender people. First-degree murder carries a mandatory life sentence, while a bias-motivated crime, a charge Andrade also faces, would add three years to a conviction. If convicted of second-degree murder, Andrade faces eight to 24 years in prison. Prosecutors also have filed a habitual offender charge against Andrade because he has five felony convictions, according to court records. That charge could add decades to a sentence.A police detective testified Tuesday that a fire extinguisher found 13 blocks from Zapata's apartment may be related to her death. He stopped short of saying it was the murder weapon or if it came from Zapata's apartment.
Previous Stories:
- April 21, 2009: Reporter Blog From Transgender Murder Trial Of Allen Andrade
- April 21, 2009: Suspect's Taped Calls Played In Transgender Slaying Trial
- April 21, 2009: Zapata Trial Blog: Detective Testifies
- April 17, 2009: Zapata Trial Blog: Opening Statements Begin
- April 17, 2009: Defense: Transgender Slaying All About Deception
- April 16, 2009: Transgender Slaying Trial Under Way With Opening Statements
- April 14, 2009: Trial Begins In Slaying Of Transgender Woman
- April 12, 2009: Groups Hope Trial Brings Focus To Hate-Crimes Law
- April 8, 2009: Transgender Murder Trial First To Use Hate-Crime Status
- March 12, 2009: Judge Throws Out Confession In Transgender Slaying
- October 29, 2008: Man Charged In Transgender Slaying Involved In Jail Fight
- September 18, 2008: Transgender Slaying Suspect: 'Gay Things Need To Die'
- August 6, 2008: Suspect In Transgender Slaying Formally Charged
- July 31, 2008: Suspect Charged With Hate Crime In Transgendered Victim's Death
- July 31, 2008: Arrest Made In Transgender Teen Slaying Case
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