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	<title>Comments on: Breaking: Allen Andrade Convicted of First Degree Murder</title>
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	<link>http://www.feministe.us/blog/archives/2009/04/22/breaking-allen-andrade-convicted-of-first-degree-murder/</link>
	<description>In defense of the sanctimonious women&#039;s studies set.</description>
	<lastBuildDate>Fri, 10 Feb 2012 13:14:04 +0000</lastBuildDate>
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		<title>By: Monday Links &#171; Women&#8217;s Glib</title>
		<link>http://www.feministe.us/blog/archives/2009/04/22/breaking-allen-andrade-convicted-of-first-degree-murder/#comment-238862</link>
		<dc:creator>Monday Links &#171; Women&#8217;s Glib</dc:creator>
		<pubDate>Mon, 27 Apr 2009 10:22:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=13028#comment-238862</guid>
		<description>[...] Andrade has been convicted for the first-degree bias-motivated (hate crime) murder of Angie [...]</description>
		<content:encoded><![CDATA[<p>[...] Andrade has been convicted for the first-degree bias-motivated (hate crime) murder of Angie [...]</p>
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		<title>By: SoE</title>
		<link>http://www.feministe.us/blog/archives/2009/04/22/breaking-allen-andrade-convicted-of-first-degree-murder/#comment-238607</link>
		<dc:creator>SoE</dc:creator>
		<pubDate>Sat, 25 Apr 2009 16:11:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=13028#comment-238607</guid>
		<description>I think it sends quite a message. Not that any convictions or even the death penalty have ever kept people from killing other persons. More likely the larger public finally acknowledges that admitting a hate crime is no longer a &quot;get out of prison card&quot; but actually gets you convicted on a second charge. It&#039;s about time.</description>
		<content:encoded><![CDATA[<p>I think it sends quite a message. Not that any convictions or even the death penalty have ever kept people from killing other persons. More likely the larger public finally acknowledges that admitting a hate crime is no longer a &#8220;get out of prison card&#8221; but actually gets you convicted on a second charge. It&#8217;s about time.</p>
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		<title>By: CartoonCoyote</title>
		<link>http://www.feministe.us/blog/archives/2009/04/22/breaking-allen-andrade-convicted-of-first-degree-murder/#comment-238439</link>
		<dc:creator>CartoonCoyote</dc:creator>
		<pubDate>Fri, 24 Apr 2009 06:50:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=13028#comment-238439</guid>
		<description>Further up the thread, it was stated that Andrade&#039;s going back to ensure Angie&#039;s death after she came to wasn&#039;t even heard by the jury. Wow. If they had, their deliberation probably would have lasted two &lt;i&gt;minutes&lt;/i&gt;. I wonder what the members&#039; reactions will be when they eventually find that out.

Good news, nevertheless.</description>
		<content:encoded><![CDATA[<p>Further up the thread, it was stated that Andrade&#8217;s going back to ensure Angie&#8217;s death after she came to wasn&#8217;t even heard by the jury. Wow. If they had, their deliberation probably would have lasted two <i>minutes</i>. I wonder what the members&#8217; reactions will be when they eventually find that out.</p>
<p>Good news, nevertheless.</p>
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		<title>By: Kristen J.</title>
		<link>http://www.feministe.us/blog/archives/2009/04/22/breaking-allen-andrade-convicted-of-first-degree-murder/#comment-238432</link>
		<dc:creator>Kristen J.</dc:creator>
		<pubDate>Fri, 24 Apr 2009 04:41:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=13028#comment-238432</guid>
		<description>Abby,

Provocation/heat of passion are a defenses because we assume a person might reasonably lose their self-control under certain circumstances.  I doubt you&#039;d get passed a judge where the provocation was &quot;my roommate ate my last twinkie&quot; or &quot;she forgot to set the alarm clock.&quot;   The judge in this case may have made the right decision to avoid appeal, but he didn&#039;t make the right decision IMO from a ethical perspective.

I think Jill was talking about this a few days ago...if I remember correctly.</description>
		<content:encoded><![CDATA[<p>Abby,</p>
<p>Provocation/heat of passion are a defenses because we assume a person might reasonably lose their self-control under certain circumstances.  I doubt you&#8217;d get passed a judge where the provocation was &#8220;my roommate ate my last twinkie&#8221; or &#8220;she forgot to set the alarm clock.&#8221;   The judge in this case may have made the right decision to avoid appeal, but he didn&#8217;t make the right decision IMO from a ethical perspective.</p>
<p>I think Jill was talking about this a few days ago&#8230;if I remember correctly.</p>
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		<title>By: Bagelsan</title>
		<link>http://www.feministe.us/blog/archives/2009/04/22/breaking-allen-andrade-convicted-of-first-degree-murder/#comment-238416</link>
		<dc:creator>Bagelsan</dc:creator>
		<pubDate>Fri, 24 Apr 2009 03:23:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=13028#comment-238416</guid>
		<description>(Could someone put a warning on Abby&#039;s long post? That was pretty graphic. Thanks.)

The 2 hours thing doesn&#039;t bother me at all. 5 minutes of deliberation wouldn&#039;t really bother me either. If someone was like &quot;hey, is it cool if I kill your little sister?&quot; any hesitation at all on my part before a resounding &quot;HELL NO&quot; would be *evil.* It doesn&#039;t take reasonable people more than 2 hours to decide that &quot;murder is bad.&quot; And anyone who thinks that it *should* take a while to decide whether or not murdering a girl in cold blood is bad is &lt;i&gt;fucked up&lt;/i&gt;. There&#039;s no reason for a jury to cater to the sociopath crowd, no matter how concerned the trolls are about their theoretical future whining. (I&#039;m sure this has been addressed already and better, but I wanted to pile on too.)</description>
		<content:encoded><![CDATA[<p>(Could someone put a warning on Abby&#8217;s long post? That was pretty graphic. Thanks.)</p>
<p>The 2 hours thing doesn&#8217;t bother me at all. 5 minutes of deliberation wouldn&#8217;t really bother me either. If someone was like &#8220;hey, is it cool if I kill your little sister?&#8221; any hesitation at all on my part before a resounding &#8220;HELL NO&#8221; would be *evil.* It doesn&#8217;t take reasonable people more than 2 hours to decide that &#8220;murder is bad.&#8221; And anyone who thinks that it *should* take a while to decide whether or not murdering a girl in cold blood is bad is <i>fucked up</i>. There&#8217;s no reason for a jury to cater to the sociopath crowd, no matter how concerned the trolls are about their theoretical future whining. (I&#8217;m sure this has been addressed already and better, but I wanted to pile on too.)</p>
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		<title>By: Abby</title>
		<link>http://www.feministe.us/blog/archives/2009/04/22/breaking-allen-andrade-convicted-of-first-degree-murder/#comment-238365</link>
		<dc:creator>Abby</dc:creator>
		<pubDate>Thu, 23 Apr 2009 21:04:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=13028#comment-238365</guid>
		<description>@Alison2, #56 &amp; 57:  Yes, the judge does have to determine whether there is sufficient evidence to allow the jury to consider a defense like the one Andrade asserted.  However, because of how this type of &quot;heat of passion&quot; defense is treated under Colorado law, the standard for meeting that test is extremely low.  Under that standard, &lt;i&gt;any&lt;/i&gt; evidence that raises &lt;i&gt;even an inference&lt;/i&gt; that the defense might be valid requires that the jury be given the chance to consider.  (In Arizona, the courts say that only a &quot;mere scintilla&quot; of evidence is required.)  Given the statements that Andrade made in the jailhouse phone calls to his girlfriends, the judge had no choice but to allow the jury to consider his &quot;trans panic&quot; defense.  If the judge had refused, he would have been handing Andrade a ticket to a reversal on appeal on a silver platter, something that none of us want.

Also, thank you for gentle criticism of my &quot;I’m a lawyer so let me school you on the law&quot; attitude in my previous posts.  You are exactly right.  Such pretentiousness is unnecessary.  Next time, I will simply allow my words to stand on their own, for better or for worse.</description>
		<content:encoded><![CDATA[<p>@Alison2, #56 &amp; 57:  Yes, the judge does have to determine whether there is sufficient evidence to allow the jury to consider a defense like the one Andrade asserted.  However, because of how this type of &#8220;heat of passion&#8221; defense is treated under Colorado law, the standard for meeting that test is extremely low.  Under that standard, <i>any</i> evidence that raises <i>even an inference</i> that the defense might be valid requires that the jury be given the chance to consider.  (In Arizona, the courts say that only a &#8220;mere scintilla&#8221; of evidence is required.)  Given the statements that Andrade made in the jailhouse phone calls to his girlfriends, the judge had no choice but to allow the jury to consider his &#8220;trans panic&#8221; defense.  If the judge had refused, he would have been handing Andrade a ticket to a reversal on appeal on a silver platter, something that none of us want.</p>
<p>Also, thank you for gentle criticism of my &#8220;I’m a lawyer so let me school you on the law&#8221; attitude in my previous posts.  You are exactly right.  Such pretentiousness is unnecessary.  Next time, I will simply allow my words to stand on their own, for better or for worse.</p>
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		<title>By: Cara</title>
		<link>http://www.feministe.us/blog/archives/2009/04/22/breaking-allen-andrade-convicted-of-first-degree-murder/#comment-238355</link>
		<dc:creator>Cara</dc:creator>
		<pubDate>Thu, 23 Apr 2009 19:42:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=13028#comment-238355</guid>
		<description>FYI, Featherstone&#039;s tired comments above might have been enough to get him banned under normal circumstances.  But they didn&#039;t.  

No, this comment just served as a reminder that after fuming on gchat with Jill for 10 minutes, I somehow forgot to ban him for unpublishable and deleted comments on &lt;a href=&quot;http://www.feministe.us/blog/archives/2009/04/20/trans-panic-defense-underway-in-trial-for-angie-zapatas-murder/&quot; rel=&quot;nofollow&quot;&gt;this thread&lt;/a&gt; which far too closely resembled in spirit the CNN comments that Zoe later posted there.  

&lt;i&gt;That&lt;/i&gt;, for the record, is why he&#039;s banned.

As you were.</description>
		<content:encoded><![CDATA[<p>FYI, Featherstone&#8217;s tired comments above might have been enough to get him banned under normal circumstances.  But they didn&#8217;t.  </p>
<p>No, this comment just served as a reminder that after fuming on gchat with Jill for 10 minutes, I somehow forgot to ban him for unpublishable and deleted comments on <a href="http://www.feministe.us/blog/archives/2009/04/20/trans-panic-defense-underway-in-trial-for-angie-zapatas-murder/" rel="nofollow">this thread</a> which far too closely resembled in spirit the CNN comments that Zoe later posted there.  </p>
<p><i>That</i>, for the record, is why he&#8217;s banned.</p>
<p>As you were.</p>
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		<title>By: rioTgirl</title>
		<link>http://www.feministe.us/blog/archives/2009/04/22/breaking-allen-andrade-convicted-of-first-degree-murder/#comment-238351</link>
		<dc:creator>rioTgirl</dc:creator>
		<pubDate>Thu, 23 Apr 2009 18:28:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=13028#comment-238351</guid>
		<description>I&#039;m not sure how to respond to this. I didn&#039;t realize how triggering this whole murder/trial/story was until the verdict was read and I sobbed. Angie will not come back to us, people still think feel free to liken a Trans* body to &quot;mental rape&quot;, even dead we get no respect from reporters or &quot;authorities. BUT it was a victory - a hollow one for me personally, but a victory. It is a weakened link in the oppression that chains us all. That mitigates the pain and the sadness - the anger and rage.</description>
		<content:encoded><![CDATA[<p>I&#8217;m not sure how to respond to this. I didn&#8217;t realize how triggering this whole murder/trial/story was until the verdict was read and I sobbed. Angie will not come back to us, people still think feel free to liken a Trans* body to &#8220;mental rape&#8221;, even dead we get no respect from reporters or &#8220;authorities. BUT it was a victory &#8211; a hollow one for me personally, but a victory. It is a weakened link in the oppression that chains us all. That mitigates the pain and the sadness &#8211; the anger and rage.</p>
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		<title>By: Featherstone, QC</title>
		<link>http://www.feministe.us/blog/archives/2009/04/22/breaking-allen-andrade-convicted-of-first-degree-murder/#comment-238350</link>
		<dc:creator>Featherstone, QC</dc:creator>
		<pubDate>Thu, 23 Apr 2009 18:28:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=13028#comment-238350</guid>
		<description>&quot;Michael will not be allowed to leave any more comments on this thread.&quot;


Really?  For deigning to discuss the duration of deliberation?  

Cara -  do you even think that Andrade should have gotten a trial at all?  

Quite frankly you&#039;re not very impressive and your ad hoc comments policy does nothing but feed stereotypes about feminists as fragile, censorious, stunted crackpots.</description>
		<content:encoded><![CDATA[<p>&#8220;Michael will not be allowed to leave any more comments on this thread.&#8221;</p>
<p>Really?  For deigning to discuss the duration of deliberation?  </p>
<p>Cara &#8211;  do you even think that Andrade should have gotten a trial at all?  </p>
<p>Quite frankly you&#8217;re not very impressive and your ad hoc comments policy does nothing but feed stereotypes about feminists as fragile, censorious, stunted crackpots.</p>
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		<title>By: Feministe » Statement from Angie Zapata&#8217;s Family on Andrade&#8217;s Conviction</title>
		<link>http://www.feministe.us/blog/archives/2009/04/22/breaking-allen-andrade-convicted-of-first-degree-murder/#comment-238348</link>
		<dc:creator>Feministe » Statement from Angie Zapata&#8217;s Family on Andrade&#8217;s Conviction</dc:creator>
		<pubDate>Thu, 23 Apr 2009 18:11:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=13028#comment-238348</guid>
		<description>[...] Comments Zoe Brain on Breaking: Allen Andrade Convicted of First Degree Murderkb on Breaking: Allen Andrade Convicted of First Degree MurderJennifer on Yet More on Comments [...]</description>
		<content:encoded><![CDATA[<p>[...] Comments Zoe Brain on Breaking: Allen Andrade Convicted of First Degree Murderkb on Breaking: Allen Andrade Convicted of First Degree MurderJennifer on Yet More on Comments [...]</p>
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