Showing posts with label transpanic. Show all posts
Showing posts with label transpanic. Show all posts

11/20/13

Paris Wilson charged with the Trans Panic murder of transgender woman Islan Nettles walks free

On the eve of the TDOR Paris Wilson walked out of court a free man. Wilson was charged with misdemeanor assault in connection with brutal beating death of NYC transgender woman Islan Nettles.

After Islan died in the hospital it was fully expected that the charges against Wilson would be elevated and prosecuted as a hate crime.

It was wittnesed  that Wilson made a pass at Ms. Nettles and became enraged, beating her to death in a fit of trans panic.

The time ran out for the prosecutors after the "speedy trial clock" 90 day limit expired on Tuesday.

Another unnamed man confessed to the murder but said he was too drunk to remember doing it. That man was allegedly taken to the police station by the mother of Paris Wilson who pressured him to make a false confession. That individual was not arrested because of inaccuracies in his confession.

"Emotions were flying all over. Happy, sad, more upset than anything," said grief-stricken Delores Nettles Islan's mother. "And then to see him walking out. And my baby can't come home."

Members of the transgendered community were present in court to support the Nettles family.

Judge Tamiko Amaker adjourned the case to Nov. 19.

We can continue reminding Assistant District Attorney Nicholas Viorst with the care2 petition Justice for Islan Nettles that our lives matter.


8/14/13

American Bar Association calls on courts and legislatures to end the "Transpanic" Defense

I thought the despised "transpanic" defense met its end with the brutal murder of Angie Zapata when it took the jury just hours in 2009 to convict Allen Andrade of the highest charges against him, first degree murder. Andrade unsuccessfully attempted to use the transpanic defense saying his actions were uncontrollable when he was surprised by Ms Zapata's transgender status after having sex with her as an excuse for acquittal or to mitigate his punishment.

Apparently lawyers have souls too.


Source: ABA Now.org

113A
ADOPTED AS REVISED

Urges action to curtail use of the “gay panic” defense

RESOLVED, That the American Bar Association urges federal, state, local and territorial governments to take legislative action to curtail the availability and effectiveness of the “gay panic” and “trans panic” defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction.  Such legislative action should include:
(a)    Requiring courts in any criminal trial or proceeding, upon the request of a party, to instruct the jury not to let bias, sympathy, prejudice, or public opinion influence its decision about the victims, witnesses, or defendants based upon sexual orientation or gender identity; and
(b)   Specifying that neither a non-violent sexual advance, nor the discovery of a person’s sex or gender identity, constitutes legally adequate provocation to mitigate the crime of murder to manslaughter, or to mitigate the severity of any non-capital crime.