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Not Heinous Enough (Update: Action Link added)

Started by Shana A, August 18, 2011, 08:27:55 AM

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Shana A

Wed Aug 17, 2011 at 06:20 AM PDT
Not Heinous Enough (Update: Action Link added)
by rserven

http://www.dailykos.com/story/2011/08/17/1007832/-Not-Heinous-Enough

In March of 2007 Donzell Francis allegedly raped and murdered transwoman Ruby Rodriguez before leaving her body on a Potrero Hill sidewalk according to DNA evidence which was not tested until 2009.  Last year Francis was convicted of assaulting, beating, and robbing a transgender prostitute in September 2007 in the Tenderloin and sentenced to 18 years in prison.  In 2009, when his DNA was tested, he was in custody for another sexual assault...a nonfatal attack on a transgender prostitute.

Anyone sense a pattern here?  By the way, Francis has not been charged with a hate crime at any point.

According to prosecutors, District Attorney George Gascón has said he will not pursue capital punishment, although he is on record as being a proponent of it...which (full disclosure) I am not.
"Be yourself; everyone else is already taken." Oscar Wilde


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Vicky

I am not as concerned with whether or not we have hate crime status on the final sentencing order for some of these people as I do that we will get them off the streets at all.

Defense Attorney:  "My client didn't hate his victim, he just robbed or Fill IN Blank them.  They were where he was when he was doing his  _______________ but he didn't hate them.  And since they can't prove he hated them, they can't prove he _______________ them, so acquit him of everything!"

Juries will buy that argument and do what the defense attorneys ask, so murderer, robber, rapist, batterer, and so on gets the cuffs cut off him in the court room.  I'm all for showing the defendant the good hard evidence that will be simple, direct and obvious to a jury, and letting him plead guilty to a crime that for this guy guarantees added jail time, but doesn't force him into a jury trial situation.  He's off the streets I walk on that way.

Sorry folks I was on jury duty a few weeks ago, and while my case was not a crime against a trans person, I am still a bit low on that aspect of our judicial system. 

I refuse to have a war of wits with a half armed opponent!!

Wiser now about Post Op reality!!
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