Gwen

[Leigh]

http://www.indybay.org/news/2006/01/1798530.php

Araujo Defendants Sentenced, AB 1160 Advances

January 27, 2006 – San Francisco, CA – Three defendants in the 2002 murder of Bay Area transgender teen, Gwen Araujo, were sentenced to prison one day after landmark legislation, the Gwen Araujo Justice for Victim's Act, passed through the California Assembly. Michael Magidson and Jose Merel were in the Hayward County Superior court to be sentenced on their second-degree murder convictions. Jason Cazares was being sentenced to six years in accordance with plea to voluntary manslaughter charges.

[Shelley]

It's bizzare that the law was even required and that it was even feasible to blame the victim.

Shelley

[Kimberly]

I suppose the saying, 'only in america' is appropriate.

The whole arrangement makes me ill.

I might consider saying something else, but I don't want to be deemed a "credible threat" and all.

[stephanie_craxford]

True Kimberly,

The fact that we need special laws to deal with this type of crime and then to name them after the victim(s) is abhorrent, in so much that we (society) has to wait till a despicable act such as this occurs to take action.

Steph

[beth]

it is still a joke, if she were GG they would be on death row now instead of getting out in a few years.


beth

[stephanie_craxford]

I agree with you Beth,

I was commenting on the new Gwen Araujo Justice for Victim's Act, not the sentence.

Steph

[beth]

I didnt mean to imply I was commenting on anything any one said, this quote from the article is what I was refering to,


"This is a day we have long awaited," said Transgender Law Center Deputy Director, Cecilia Chung. "While seeing anyone sentenced to prison is no reason for celebration, today marked further proof that transgender panic strategies do not have traction with Bay Area juries. Despite their attempts to blame Gwen for her own murder, these men are being held accountable for their horrific choices."

They are not being held accountable. If they strangled and beat to death a natal female teen, and threw her body in a ditch, they would have been convicted of first degree murder and would have gotten life without parole or the death penalty. I do not understand how the Transgender Law center director or anyone else could think they were held accountable.


beth

[Kimberly]

What I read was the former charge (Insulting at best... 6 years for murder), I did not see a new charge listed.

[molly]

I think Beth best expresses my thoughts on this tragic and needless murder.  It serves to remind me that it is a dangerous world out there for Tgirls or for anyone deemed "different".

Sometimes progress is measured in small steps.

Molly

[Cassandra]

I have always been different, even before I came out. A universal truth is that there are people who just hate anyone who is different. Just look at any school yard bully who picks on smart kids. Why? Because they are different, because they are smarter, they feel threatened and inferior and find it necessary to enforce there own superiority in order to enhance there personal self esteem reducing those they do not understand to something less than human.

It makes no difference rather you are transexual, gay, jewish, black, indian, muslim, whatever. There are always those who will hate you for whatever reason. It matters not how you are different, only that you are. The plain fact is that it is a dangerous world and no matter who you are you have to be carefull and always be on guard against the unexpected hater of anyone different from themselves. Justice will only be served when all such perpetraitors are dealt with  regardless of who the victim may be.

What is truly sad here is that the justice system itself views us as less than human and will sentence a man more harshly for abusing a dog than killing a transexual.

Cassie

[Alexandra]

in this age of the return to backword thinking, this is best as "accountability" gets. 

[Glora Femboy]

to many people, we arent even human, are we?

[HelenW]

I suppose we can be grateful that these thugs were actually convicted.  Years ago, or in some other states, they may not have been.

A small step forward and we have miles to go.

[LostInTime]

The got who got six years was smart and did the plea bargain thing.

The other two got 15 to life.

Edited to add link to another source that has a lot more in the ways of details.

[beth]

The got who got six years was smart and did the plea bargain thing.

The other two got 15 to life.

Edited to add link to another source that has a lot more in the ways of details.

Unfortunately in California 6 years means 3 and 15 to life means 7 unless you kill a prison guard or something similar.

beth

[Kimberly]

^{*raises hand and opens mouth to speak.*}
...
^{*closes mouth and lowers hand.*}

[Shelley]

Well said Kimberley.

Shelley

[LostInTime]

Actually from about 93 until 99 (first years I found online) the average sentence served for Murder in the second degree was ~16 years.

Manslaughter was ~ 10 years.  He got a lighter sentence, that is what happens when you work with the prosecution.

I have not been able to locate a similar length of a similar data set between 2000 and 2005.  Although there are plenty of crime stats compiled, just not many on sentencing.

If you truly wish to make a difference, you need to have as many relevant facts at hand as possible.  If not then as soon as the numbers stated start to be exposed as not necessarily so, you will be dismissed by the most of the media and public.