Black Transgender Not Allowed to Claim Self-Defense ...

[GroobySteven]

http://www.democracynow.org/2012/4/2...er_woman_faces

A transgender African-American woman is set to go on trial next week on charges of second-degree murder for an altercation after she was reportedly physically attacked and called racist and homophobic slurs outside a Minneapolis bar last year. Chrishaun "CeCe" McDonald received 11 stitches to her cheek and was reportedly interrogated without counsel and placed in solitary confinement following her arrest. There were reports that the dead victim, Dean Schmitz, had a swastika tattooed on his chest. McDonald’s supporters say the case is symptomatic of the bias against transgender people and African Americans in the criminal justice system. "People were very enraged about what had happened to her and the refusal of Hennepin County to recognize her right to self-defense," says Katie Burgess, executive director of Trans Youth Support Network, who has helped draw attention to the case and notes transgender people of color are twice as likely to experience discrimination as their white peers. We also speak with Rai’vyn Cross, one of McDonald’s best friends.


Schmitz’s brother said in a statement that Schmitz is prone to making racist remarks depending “on his mood.”

[rydermorrison]

This is so disturbing and sad.. not to mention scary. She's been locked up almost a whole year already! I cant imagine what she must b going through, but her trial starts monday. Hopefully justice will be served and this horrible injustice committed against her will be rectified... I cant believe this is the reality in America...

[dabaldone]

This is a travesty of justice plain and simple. She was verbally and physically attacked and simply defended herself.

[Merkurie]

Sad to say I have no problem believing this happened in America.

What do they think she attacked some skinhead?

[TS CANDY NY]

i am lost for words i watch her response video and she's been in jail for almost a year. three against one is for punks, no women or (WIMP) men should challenge a person or pick a fight with a person they have no knowledge of knowing what that person is capable of doing

[TS CANDY NY]

Lets not forget she has no criminal record and was attend college

[lifeisfiction]

Self-defense is a claim that can be raised at trial not prior. She really needs a good attorney. She has the case and the attention in her favor. As Candy said, no criminal record and good opinion in the community with her educational career will really help.

She should be able to win with not much trouble. Sadly law comes down to affording good representation.

The main thing is Montana has no duty retreat, which was passed around 2009. That means a person doesn’t have a duty to retreat to a safe place before defending themselves. Once they retreated they can then use force equal to the force given (in most states) meets the exemptions.

Using a weapon, empty bottle raises the actions to the level of deadly force a person in most jurisdictions with no duty to retreat can retaliate with deadly force. Therefore excusing the second murder, which by the description is based on the heat of passion (part of the involuntary manslaughter).

If she can get a good lawyer she will win her case and probable sue under civil. Probable issues on her arrest if she had indicated for counsel after her Miranda rights, violation of 4 amendment rights.

Sorry for legal spat (a law degree does has it advantages). If you more on my thoughts you can pm me, I don't feel like posting long answer.

[mildcigar_2001]

[QUOTE=seanchai;1132129] ...and placed in solitary confinement following her arrest.

I have no idea as to the merits of this case, but it is silly to complain that a TS was placed in solitary confinement. If you are a jail administrator do you place her with the boys or the girls. Placing her with the boys will be promlematic for her, and placing her with the girls will be problematic for the girls. Also complaining that she has been in jail for one year doesn't work either. The accused can either post bail or if unable to post bail has the right to demand a speedy trial (if she has been sitting in jail her counsel has been putting in continuances).

[onmyknees]

Strange.
Minneapolis is a pretty progressive city, but if your looking for some reasonable explanation........don't. Justice is not always even handed. Having had several bouts with the legal system, I can atest to that. There's a case in NYC now...a white middle aged soccer Mom was arrested for running a high end call girl service. I have no idea if she was...or wasn't a madame, but I know the bail seems exessive at 2 million. She still can't post it.

The vid and the article are pretty light on facts, but if she was defending herself as her friends claim.....I hope she's aquited.

[Ben]