When I was a teen, I acted shamefully. I had a friend, who’s name was Brett, who I ended up shunning when he came out as a gay teen. I was a closeted trans person who’s church — I was raised a Pentecostal — was, well, much less than “lesbian, gay, bisexual, and trans affirming.” I didn’t want to hang out with my effeminate gay friend because I was afraid people would be able to tell I was trans — or believe I was gay — if I was seen in the company of a gay peer.
As many of us remember doing, some of us in the gay community went beyond shunning when we were in the closet — we were homophobic and transphobic bullies. We were the ones who were the worst at calling individually out lesbian, gay, bisexual, or trans (LGBT) people, or gender variant people (effeminate males and masculine females) as “faggot,” “fairy,” “dyke,” “it,” and “that thing.” Many of us, when we were closeted, were physically violent against those who were out as LGBT, or who were gender variant.
We were so often afraid of being discovered as LGBT ourselves that we called others names, and/or became physically violent to out LGBT individuals because we were afraid that if we were seen as not being bullies against out LGBT individuals and gender variant people, we would be discovered as lesbian, gay, bisexual, or transgender ourselves.
In court yesterday, three things that I thought were very significant were entered into evidence. To me, these explain this crime is a way many in the LGBT community “get,” in the mode of many of having been homophobic and transphobic before we came out.
The first thing is that Allen Ray Andrade, according to his ex-girlfriend, was seen browsing the bisexual pages of the social networking website Mocospace.
The second thing is that hat Allen Ray Andrade, according to his ex-girlfriend, was a “snapcat” (or “snap cat”). He was called this because he was often quick to snap to anger. The ex-girlfriend also testified that he literally hit himself sometimes when he got angry at himself.
Lastly, a pink vibrator was entered into evidence that was collected from Angie Zapata’s apartment. When DNA tested, only Allen Ray Andrade’s unidentified DNA (as in it was with scientifically certainty that this was his DNA, but it wasn’t as being his semen — not sure identifiable as which part of the body the DNA came from), was on the vibrator. The defense was trying to argue that this could be “touch” DNA from someone who was particularly sweaty, but the DNA testing expert stated that “possible, but not probable.” This is because of the amount of Andrade’s DNA was on the pink vibrator.
Paraphrasing he DNA expert, she explained that her studies and experience in DNA that would lead her to a reading amount of 3.19 measuring units of DNA if he had put the pink vibrator in his mouth, but he had 19 point something units of measuring units of his DNA on the pink vibrator — in other words, more than six times the DNA material expect if he had sucked on the pink vibrator. The Deputy DA who was questioning the DNA expert asked if this large amount of DNA could be explained by putting that pink vibrator up an anus, and the DNA expert said yes, this would be one of the ways one could expect to find that much DNA material on this pink vibrator.
In other words, the Deputy DA was essentially making the case Andrade had sexually used the pink vibrator in his anus.
Today, we’re going to hear a jailhouse telephone call between Allen Ray Andrade and his ex-girlfriend. In that phone call, he is going to be heard saying:
Gay things must die.
I go back to how I treated my friend Brett in high school. It was self-hate that motivated me to act homophobicly.
I’m only speculating, but it sounds like to me that we had a self-hater who killed someone whom he regretted that he spent time with. We in our community who have been in-the-closet homophobic bullies on the way to accepting our own sexual orientation, or own gender identity, know what that this not only is possible, but in this case probably probable.
By circumstantial evidence, the prosecution is showing that he went to traffic court on July 15th, 2008 with Angie — the day before he admittedly killed Angie. He allegedly heard the court refer to Angie by her male name approximately 36-hours before he killed her.
And, we heard the testimony last Friday that Angie’s sister Monica literally saw Angie “always” out herself to strangers — especially male strangers that were hitting on her. Frankly, Angie was young and gorgeous, so she was hit on “a lot” by men. And yet, she had the habit of outing herself to men [add to sentence follows] when she could have just as easily chose not to out herself in the casual, non-sexual meeting-people situations.
In my mind…by my speculation…this wasn’t a crime of passion. Allen Ray Andrade very likely knew Angie was trans many hours — more than a day — before he admittedly killed her. It looks to me that a publicly homophobic, closeted gay or bisexual man killed a woman he saw as trans and gay because he didn’t want to be identified as gay himself. In my mind, this reads as a crime of angry regret instead of a crime of passion. The gay panic, trans panic strategy that Andrade’s defense is using seems to me to be a convenient ruse to violently attempt to hide his own sexuality. This would be no excuse for killing Angie — the young woman that he, after admittedly killing her, referred to as “it.”
Not he, not she, but “it.”
So, let me backtrack a bit — back to my story about Brett.
Brett, if you’re reading this piece, I’m so sorry. So, so, very sorry. I was a closeted, homophobic fool. I regret so deeply being an emotional bully to you — just so I wouldn’t be discovered as a gender variant, trans person. It’s my greatest regret in life — shunning you. You were my friend, and yet I behaved so wrongly to you. I’m so, so very sorry.




28 Comments


WowUnder the evidentiary rules from Brady , the prosecution turned this evidence over to the defense before the start of the trial so this comes as no surprise to them.
I am astonished by their continued “surprise” defense strategy – there is ample evidence that Andrade was aware of Angie’s transitioning status and birth name.
The admission, during opening statements, that he did in fact kill her coupled with all the other evidence that is being introduced makes me wonder whether the defense might not be angling for an incompetant counsel appeal.
If this defendant actually takes the stand (the single stupidest defense move in any court) I will be sure that I am right.
Straight folks use vibrators, too.It’s not that I think your argument isn’t plausible Autumn, but I do want to remind folks that vibrator up anus doesn’t necessarily equal gay or bi. As evidence, however, it does support the idea that Andrade and Zapata may have had a sexual relationship.
Add it to the bisexual Mocospace site views, though……That’s where and why this news about the pink vibrator becomes more significant, I believe.
It’s not the one thing about the pink vibrator, but in my mind it’s those three things I mentioned combined into a thought that make the vibrator pretty significant.
Maybe it’s a Christian thingI was never a bully. I was taught to loathe myself and to fear what others may think about me but I was never a bully though I did know one or two people who were self hating bullies. I notice that you mentioned your church Autumn. These two were very religious as well, though both claim to be no longer. Though my parents tried to indoctrinate me into their dogma, (Catholicism), I can’t remember any time when I actually believed it. To me religion was always a chore, something I had to get through on Sunday and some holidays before I could go and do what I wanted.
My point is that it seems like the overwhelming majority if bullies of LGBT persons and killers of them seem to have deeply held religious beliefs. I’ve gone through my life as an agnostic. I’ve always seen religion as a mildly annoying but overall benign thing. In the last several years though, my agnosticism has become full blown anti-theism. I not only deny the existence of god but I also feel that religion is itself a dangerous and irresponsible indulgence. History is absolutely polluted with examples of slaughter in the name of god.
There are two things that all human beings must know. They are undeniable and unavoidable:
1) You are going to die someday
2) Nobody knows what happens next and I’m not going to speculate about that here.
How many more people have to suffer and die because some of us are afraid of death?
Don’t take this as a slam Autumn, I’m happy that you are now a better person. My scorn is reserved for the churches which preach hate and intolerance. This is not a slam at Christianity either. Almost all monotheistic religions teach hate of those who are different but this isn’t the forum to discuss my beliefs.
personal adsCould he have been looking in the bisexual personal ads for two women who wanted a three-way?
Also, re: ” Angie was young and gorgeous, so she was hit on “a lot” by men. And yet, she had the habit of outing herself to men.”
What do you mean by “and yet, she had the habit”? Why and how would it be different if Angie was not attractive?
Flashback
I recommend folks watch the documentary version of the Branton Teena murder/trials: The Brandon Teena Story. It contains prison interviews with the killers, one of whom (Tom Nissen) talks about himself in these terms (though he mentions burning himself with a cigarette.)
Well, this just adds to my beliefThat Andrade is a lying detestable pig. with all of this I doubt he will take the stand. I missed a good portion of the trial yesterday, but what I did see and hear, his goose is cooked.
It’s not a straight or gay issue with the vibeIt’s a “did you get naked in Miss Zapata’s appartment and engage in sexual acts?”
It wholly eliminates any premise that the first time he suddenly knew was a nanosecond before he committed the crime.
If you establish prior sexual acts in Angies apartment, he gets convicted for 1st degree murder. No other verdict is possible.
No doubtThe defense would argue with your conclusion and state that his GANDER is cooked, not his GOOSE…
I am not so sure, The defense is using one pronoun, the prosecution using the other. Watching Tru TV, they are saying the use of both pronouns makes it for a confusing case.
In my court case, the judge set the rules, I was to be referred to in female terms or former husband so the record could be easily read.
Apologizing to BrettHey Autumn – I don’t comment here often, but I do read a lot. Thank you for following the Angie Zapata trial so closely.
I’m hoping I can offer a suggestion – it’s entirely possible that Brett has brushed off the bullying entirely, and has grown up strong and proud. On the other hand, it’s possible that those experiences form a knot of pain that is still with him today.
I’m guessing you probably know his last name – and with the wonders of internet search capabilities (not to mention any mutual old connections you may have) you have a pretty good chance of finding him. May I suggest that maybe you send that apology to him, instead of just to the internet? We’re not the ones who need to hear it.
She habitually outed herself to the many men who hit on her. That’s the point I was trying to get accross. That, and that the sheer number of men who hit on her was large because she was young and attractive.
I get similar kind of reactions now that I’ve lost weight — except mine are from over-35-year-old men, instead of younger men.
I know.He has a relly common last name, though.
I thought about Brett for the first time in a long time last night — kind of a blocked out thing I didn’t want to remember until it became relevant last night.
So yes, I am going to try to find him when I get back to San Diego. And yes, if I find him, I’m going to apologize personally, and privately too. I don’t know if he knows I’m trans now…likely not.
But, I really needed to mention how sorry I am for the emotional brutality I engaged in. It was important to this story, I believe.
when to /not to discloseAutumn, what I was getting at was that your use of the phrase “and yet” seems to indicate that you feel since she was so attractive, it wasn’t necessary for her to disclose her status.
Makes senseBut, I really needed to mention how sorry I am for the emotional brutality I engaged in. It was important to this story, I believe.
Oh, I agree. Not trying at all to imply that you should not bring it up here.
He has a relly common last name, though.
That sucks, and does make things much harder. I know I’ve managed to track down people I knew when I was young through things like googling their full name plus keywords of stuff they were interested in. If you went on MySpace or Facebook and looked not for him, but for other people you think he may still know, you may find they’re friended to him.
Aaaaaand now I’m totally backseat driving. Sorry.
Anyway, thank you again for the post. Good luck.
I think what she means is that she had to out herselfShe was young and attractive and so apparently biologically female that the only way that men she dated would know her status was to out herself to them.
It’s always a good idea to out yourself when it comes to such matters. I could care less if a co-worker knows who I am but when it comes to a relationship, the responsible, (and usually safe), thing to do is to let your potential partner know up front.
Autumn may have been making the point that while she could have gotten away with not outing herself in a casual relationship, she did the right thing and was up front with people about her gender identity, therefore the “deception” defense is doubly specious in this case.
Try finding out who the class secretary is for his year from high schoolI don’t know how they do it, but my high school seems to know where I am no matter where I go. I keep getting these “please confirm your information” cards from them. (Which I toss in the mail, since they obviously already HAVE my current information…)
Except thatAndrade claims that Angie performed oral sex on him but never undressed and never let him touch her, in other words, that he was only the recipient of sexual contact from Angie, but wasn’t allowed to reciprocate. Adding the use of the vibrator on him, but not Angie (it only had his, not her, DNA on it), doesn’t contradict that claim.
Wave HIAutumn, you get TV coverage when the camera sweeps the press row. Good stuff!
Part of my job as an attorneyis to review cases like this for possible claims of ineffective assistance of counsel on behalf of convicted defendants.
Unless Andrade testifies, he has little to no chance of convincing the jury that he didn’t know that Angie was trans and that he killed her in an “uncontrollable rage” in response to that discovery. With the admission by his attorneys that he did, in fact, kill Angie, their only defense to a conviction for first degree murder, and a sentence of life without parole, is his “trans panic” defense.
Plus no one can make Andrade testify. That decision is his alone. Under these circumstances, any claim of ineffective assistance of counsel based on the decision to testify is almost certain to fail. In fact, based on what I know now, I wouldn’t even bother to raise that claim.
You can read more about why and why I think Andrade is going to going to get convicted even if he testifies here: http://www.bilerico.com/2009/0…
I’m not religiousand yet I don’t believe either one of your claims. At the same time, I am with you all the way on the incredible harm that has been done in the name of religion.
I think you underestimatea jury’s ability to be stupid, narrow-minded and prejudiced.
I’ve reviewed transcriptsof hundreds of criminal trials. I’ve become a pretty good judge of what juries pay attention to and what they don’t, including when they’re likely to be stupid or prejudiced. In my experience, when you have a chance to see the evidence that the jury saw and how it was presented, you see that juries are pretty logical in most cases.
Great coverageYou’re a great writer. Thank you so much for your efforts.
I also wondered about the vibrator and your ideas about it are certainly a possibility. I immediately thought of a few friends of mine, hetero and bi (men) who really like a good vibrator. It doesn’t however say much about whether the perp was secretly queer. I do wonder about what happens to a person who enjoys engaging in non-conformist sex (by strict Judeo-christian standards) but denies it to friends and family – in a closet of sorts – but one where actual sexuality is less important than what the perpetrator thinks of his own sexual proclivities. What I’m suggesting is that Andrade might have really LIKED trans women. (I know straight guys who love trans women but don’t hide it ’cause they live in San Francisco ) And further it looks like he may have at the very least enjoyed being penetrated. As we all know, it’s pretty common among self-identified heterosexual men. But what often goes along with it, especially out side of areas with big gay communities, is deep and raging shame. I wonder what someone in that place could be capable of if their the veil behind which they engage in their “taboo” sex is threatened and their sex life exposed to family, friends, or co workers.
It speaks to the danger of fostering a ambient climate of ignorant hatred for a group of people. What if this guy came up in an area like San Francisco or New York where sexual variety is celebrated. He would have found his lifestyle accepted if not celebrated. Without the self loathing it’s difficult to foster murderous hatred for anyone.
Surely you don’t mean to suggest thatpeople who are curious about gay or trans people (and sex) and visit online LGBT sites are probably closet cases.
I’m not really up for talking about anal sex play lol, but HELLO, it’s not just a gay thang.
Reconciling our pasts so we can get it.
I do get it. Not something I would have volunteered much less talk about, but I too was a transphobe.
Autumn you have brought an unexpected aspect to the Angie Zapata trial, one that in order to proceed with our lives we must come face to face with our past individual homophobic transgressions.
The deeper meaning of this trial does not lay with that pathetic defense lawyer or his client. It is inside of us as a community, we can grow spiritually.
Am I fortunate that I was usually the victim? Deed or silence on my part, it does not matter. I have to reconcile myself with the hate that I once held as a shield against my fear, as andrade still does.
I Knew a KidBack in college there was this guy… He was an all around A-hole. We started calling him Captain Anal because he felt like he was the boss in the dorms and constantly complaining about everything and everyone in the dorm. Especially cleanliness, even though he looked like a scruffy hippy dude.
Then one day we saw the homophobic side to him. This was before I was even out (“myself included”) but my friends and I were upset by such ignorance. Sure the comment was made “he’s probably gay” but mostly my friends and I just didn’t like him. We moved from the dorm of course and didn’t really see him around. Later we found out that he indeed had come out. I was glad to see he cut the ponytail and cleaned up. Then we thought back to the knickname we had given him. Ironic….
But I agree with your line of reasoning. True the pink vibe doesn’t necessarily equate gay or straight… but the other evidence really makes it significant.
HOOT, funny.I found one person from my high school, through classmates. There are not others I even want to know about or hear from ….. AWFUL TIME. It wasn't until about 3 days before graduation that the guys going to college realized that gals going to college were probably interesting.