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	<title>Comments on: Trial hears &#8216;gay things must die&#8217; tape</title>
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	<description>The daily news source for the gay, lesbian, bisexual and transgender community</description>
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		<title>By: L.J. Rhodes</title>
		<link>http://www.365gay.com/news/trial-hears-gay-things-must-die-tape/comment-page-2/#comment-53280</link>
		<dc:creator>L.J. Rhodes</dc:creator>
		<pubDate>Wed, 22 Apr 2009 19:32:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=6806#comment-53280</guid>
		<description>&quot;Jonathan Said:

&#039;But the jury will not hear the confession, because Judge Marcelo Kopcow ruled it inadmissable.&#039;
=====

One question: Why?&quot;

A taped confession, if he knew he was being taped, at least, which I dare say he did, is absolutely admissible as evidence in a trial.

That being said, the only reason I can think of why the judge would have ruled it inadmissible barring the tape being made without the suspect&#039;s knowledge (even though his taped phone conversation was allowed despite the fact they admit he didn&#039;t know it, so apparently that&#039;s not a law in Colorado), is that the judge doesn&#039;t want an easy conviction, because he is on the suspect&#039;s side when it comes to hating gays and/or transgenders.

He can&#039;t just come right out and dismiss the case because the victim was transgendered, but he can at least try to suppress certain evidence that would make the suspect&#039;s conviction a sure thing.  As it is, without being able to hear a taped confession, there&#039;s a chance he won&#039;t be convicted, and I dare say that&#039;s what the judge is hoping for.</description>
		<content:encoded><![CDATA[<p>&#8220;Jonathan Said:</p>
<p>&#8216;But the jury will not hear the confession, because Judge Marcelo Kopcow ruled it inadmissable.&#8217;<br />
=====</p>
<p>One question: Why?&#8221;</p>
<p>A taped confession, if he knew he was being taped, at least, which I dare say he did, is absolutely admissible as evidence in a trial.</p>
<p>That being said, the only reason I can think of why the judge would have ruled it inadmissible barring the tape being made without the suspect&#8217;s knowledge (even though his taped phone conversation was allowed despite the fact they admit he didn&#8217;t know it, so apparently that&#8217;s not a law in Colorado), is that the judge doesn&#8217;t want an easy conviction, because he is on the suspect&#8217;s side when it comes to hating gays and/or transgenders.</p>
<p>He can&#8217;t just come right out and dismiss the case because the victim was transgendered, but he can at least try to suppress certain evidence that would make the suspect&#8217;s conviction a sure thing.  As it is, without being able to hear a taped confession, there&#8217;s a chance he won&#8217;t be convicted, and I dare say that&#8217;s what the judge is hoping for.</p>
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	<item>
		<title>By: EQUALITY</title>
		<link>http://www.365gay.com/news/trial-hears-gay-things-must-die-tape/comment-page-2/#comment-53269</link>
		<dc:creator>EQUALITY</dc:creator>
		<pubDate>Wed, 22 Apr 2009 18:54:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=6806#comment-53269</guid>
		<description>Step: I&#039;m confused. How does this story show &quot;why trans need to be seperated from the g,l,b rights fights&quot; ?</description>
		<content:encoded><![CDATA[<p>Step: I&#8217;m confused. How does this story show &#8220;why trans need to be seperated from the g,l,b rights fights&#8221; ?</p>
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	</item>
	<item>
		<title>By: Step</title>
		<link>http://www.365gay.com/news/trial-hears-gay-things-must-die-tape/comment-page-2/#comment-53252</link>
		<dc:creator>Step</dc:creator>
		<pubDate>Wed, 22 Apr 2009 17:57:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=6806#comment-53252</guid>
		<description>Yet another story showing why trans need to be seperated from the g,l,b rights fights.</description>
		<content:encoded><![CDATA[<p>Yet another story showing why trans need to be seperated from the g,l,b rights fights.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: censoredagian</title>
		<link>http://www.365gay.com/news/trial-hears-gay-things-must-die-tape/comment-page-2/#comment-53234</link>
		<dc:creator>censoredagian</dc:creator>
		<pubDate>Wed, 22 Apr 2009 15:57:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=6806#comment-53234</guid>
		<description>This situation is sad for Angie&#039;s family and friends but this situation shows how far the non-het community, the trans community and the inter-sexed community have come.  The DA is actually trying to win a case where the victim is a transsexual.  I wonder if this would have been the case 10 or 20 years ago.</description>
		<content:encoded><![CDATA[<p>This situation is sad for Angie&#8217;s family and friends but this situation shows how far the non-het community, the trans community and the inter-sexed community have come.  The DA is actually trying to win a case where the victim is a transsexual.  I wonder if this would have been the case 10 or 20 years ago.</p>
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	<item>
		<title>By: Roger Ramjet</title>
		<link>http://www.365gay.com/news/trial-hears-gay-things-must-die-tape/comment-page-1/#comment-53222</link>
		<dc:creator>Roger Ramjet</dc:creator>
		<pubDate>Wed, 22 Apr 2009 15:31:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=6806#comment-53222</guid>
		<description>&lt;I&gt;&quot;unclestan SAID.... when your declaration of independence states that all “men” are created equal...&quot;&lt;/I&gt;

Yes it says all &quot;Men&quot; were created equal. It does not say all &quot;Persons&quot; were created equal. And therein lies the great Misogynist and Homophobic nature of the average idiotic American. Our founders should have written all &quot;Persons are created equal&quot;.</description>
		<content:encoded><![CDATA[<p><i>&#8220;unclestan SAID&#8230;. when your declaration of independence states that all “men” are created equal&#8230;&#8221;</i></p>
<p>Yes it says all &#8220;Men&#8221; were created equal. It does not say all &#8220;Persons&#8221; were created equal. And therein lies the great Misogynist and Homophobic nature of the average idiotic American. Our founders should have written all &#8220;Persons are created equal&#8221;.</p>
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	</item>
	<item>
		<title>By: Mark</title>
		<link>http://www.365gay.com/news/trial-hears-gay-things-must-die-tape/comment-page-1/#comment-53217</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Wed, 22 Apr 2009 15:17:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=6806#comment-53217</guid>
		<description>I&#039;ll buy his story!
not for 50 grand.. much much cheaper! 55 cents.. the cost of a bullet.</description>
		<content:encoded><![CDATA[<p>I&#8217;ll buy his story!<br />
not for 50 grand.. much much cheaper! 55 cents.. the cost of a bullet.</p>
]]></content:encoded>
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	<item>
		<title>By: drewski</title>
		<link>http://www.365gay.com/news/trial-hears-gay-things-must-die-tape/comment-page-1/#comment-53214</link>
		<dc:creator>drewski</dc:creator>
		<pubDate>Wed, 22 Apr 2009 15:06:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=6806#comment-53214</guid>
		<description>Unless the call was privileged (attorney or clergy), it was most definitely recorded and there was most assuredly no expectation of privacy.  Prison mail is opened for the same reason.  There&#039;s no reason to exclude the call as evidence.  

Don&#039;t tell me he didn&#039;t know.  She went down on him and it didn&#039;t seem strange that she wouldn&#039;t let him touch her?  Please--heard the same story too many times on Jerry Springer.  

FYI, I first heard about this last Friday.  I was driving back from my ex&#039;s place, it was a fairly long drive (25 miles) on the freeway, and the story was being discussed by the crew of an afternoon-drive show (on WMMS--might be on their website, haven&#039;t looked).  One of the guys in the studio was saying it shouldn&#039;t be considered more than manslaughter, because Andrade was &quot;tricked&quot; and &quot;he wasn&#039;t lookin&#039; to be with a dude, that&#039;s like rape.&quot;</description>
		<content:encoded><![CDATA[<p>Unless the call was privileged (attorney or clergy), it was most definitely recorded and there was most assuredly no expectation of privacy.  Prison mail is opened for the same reason.  There&#8217;s no reason to exclude the call as evidence.  </p>
<p>Don&#8217;t tell me he didn&#8217;t know.  She went down on him and it didn&#8217;t seem strange that she wouldn&#8217;t let him touch her?  Please&#8211;heard the same story too many times on Jerry Springer.  </p>
<p>FYI, I first heard about this last Friday.  I was driving back from my ex&#8217;s place, it was a fairly long drive (25 miles) on the freeway, and the story was being discussed by the crew of an afternoon-drive show (on WMMS&#8211;might be on their website, haven&#8217;t looked).  One of the guys in the studio was saying it shouldn&#8217;t be considered more than manslaughter, because Andrade was &#8220;tricked&#8221; and &#8220;he wasn&#8217;t lookin&#8217; to be with a dude, that&#8217;s like rape.&#8221;</p>
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	<item>
		<title>By: PirateCapnLady</title>
		<link>http://www.365gay.com/news/trial-hears-gay-things-must-die-tape/comment-page-1/#comment-53207</link>
		<dc:creator>PirateCapnLady</dc:creator>
		<pubDate>Wed, 22 Apr 2009 14:12:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=6806#comment-53207</guid>
		<description>From what I remember, the confession was ruled inadmissible because Andrade at one point in his interrogation said he refused to talk to to the investigators anymore.  They kept questioning him and then he gave his confession. The judge ruled that since he originally said he wasn&#039;t going to say anymore (which I think was taken as a &quot;I won&#039;t talk without a lawyer&quot;), his confession was ruled inadmissible.   Hooray for technicalities. </description>
		<content:encoded><![CDATA[<p>From what I remember, the confession was ruled inadmissible because Andrade at one point in his interrogation said he refused to talk to to the investigators anymore.  They kept questioning him and then he gave his confession. The judge ruled that since he originally said he wasn&#8217;t going to say anymore (which I think was taken as a &#8220;I won&#8217;t talk without a lawyer&#8221;), his confession was ruled inadmissible.   Hooray for technicalities.</p>
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	<item>
		<title>By: stashu</title>
		<link>http://www.365gay.com/news/trial-hears-gay-things-must-die-tape/comment-page-1/#comment-53187</link>
		<dc:creator>stashu</dc:creator>
		<pubDate>Wed, 22 Apr 2009 07:01:26 +0000</pubDate>
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		<description>I thought that prisoners could not expect privacy related to their phone calls unless they were talking to their lawyer.</description>
		<content:encoded><![CDATA[<p>I thought that prisoners could not expect privacy related to their phone calls unless they were talking to their lawyer.</p>
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		<title>By: unclestan</title>
		<link>http://www.365gay.com/news/trial-hears-gay-things-must-die-tape/comment-page-1/#comment-53186</link>
		<dc:creator>unclestan</dc:creator>
		<pubDate>Wed, 22 Apr 2009 06:57:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=6806#comment-53186</guid>
		<description>why on earth do you need so many laws to cover so many people when your declaration of independence states that all &quot;men&quot; are created equal.   if a person kills another person for whatever reason and is found guilty how much further does it need to go?</description>
		<content:encoded><![CDATA[<p>why on earth do you need so many laws to cover so many people when your declaration of independence states that all &#8220;men&#8221; are created equal.   if a person kills another person for whatever reason and is found guilty how much further does it need to go?</p>
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