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Andrade and his girlfriend “are laughing and joking during the whole thing,” Martin said, as the two appreciate the absurdity that Andrade is “being held in custody on a bias-motivated crime charge he knows he didn’t commit.” Jurors won’t hear evidence that Andrade belonged to a homophobic street gang that threatens to kill members who have had homosexual sex.
Last month, the trial judge threw out testimony prosecutors had hoped to introduce that Andrade feared for his life after having oral sex with Zapata so decided to kill her to save face with his gang.
Quoting from transcripts of jailhouse telephone calls Andrade made to girlfriends, Nieto drove home the prosecution’s contention that Andrade committed a hate crime when he pounded a fire extinguisher against Zapata’s head, crushing her skull and leaving her “bloody, stiff and swollen on the floor,” covered with a blanket, the way Zapata’s sister discovered her the next day.
“It’s not like I went up to a school teacher and shot her in the head or killed a straight, law-abiding citizen,” Andrade told a girlfriend on the phone from jail.
“This case is not about a judgment of lifestyle,” public defender Bradley Martin said in opening remarks.
“This case is about a deception and the reaction to that deception.” Andrade, 32, killed Angie Zapata in a fit of rage last summer after discovering she was transgender, Martin argued, urging jurors to reject first-degree murder and hate crime charges in the brutal slaying.
Both sides agree Andrade stole a car, credit card, purses and a cell phone from Zapata, and are only asking the jury to decide whether he killed her after deliberation or in a rage — and whether he killed her because she was transgender.
It could mean the difference between a sentence of life without the possibility of parole for a first-degree murder conviction or an eight- to 24-year sentence for second-degree murder.
“This was not a snap decision,” prosecutor Brandi Nieto tld jurors.”The defendant knew for approximately 36 hours that Angie was biologically male.” Attorneys spent two and a half days selecting a jury of 10 men and four women — including two alternates, who won’t be designated until the trial has concluded — before beginning testimony in the landmark case, the first in the nation to charge a bias-motivated, or hate crime in the murder of a transgender victim.
Colorado is among 11 states and the District of Columbia that include protection for transgender victims in hate-crime statutes.
The Weld District Attorney is prosecuting the murder as a hate crime.Tags: Adult Dating, affair dating, sex dating