Life, Law, Gender

Lessons in murder

I don't know what comments I can make about this story.  Although I know this isn't entirely true (so don't pick on me about it) I feel like the lesson of this story is that if you want to experience what it is like to violently take another human's life and only have to spend 4 years in jail for it, just make sure the person is transgendered.

Man Sentenced For Deadly Stabbing

August 24, 2005 — He thought he was taking home a woman. Instead, it was a man. Wednesday, Estanislao Martinez was sentenced for stabbing the cross dresser to death.

It may be the strange circumstances that led to a plea deal. For stabbing a cross-dressing man to death, Martinez will spend just four years in prison.

Estanislao Martinez pleaded guilty to voluntary manslaughter. His attorney said Martinez panicked when he discovered the person he thought was a woman, was really a man.

Martinez will serve the minimum sentence for manslaughter involving the use of a knife.

...

Defense attorneys say the murder was not premeditated or planned. Instead, it was a heat of passion crime known as "gay panic" — when a transvestite represents him or herself as the opposite sex and the unknowing person becomes enraged when they find out the truth.

Legal experts say using the "gay panic" defense was effective in this case in getting a reduced sentence.

This is, of course, the same defense employed in part by the defense team for the murderers of Gwen Araujo whose second trial is in its final stages.  From a PlanetOut article:

The sentence comes as the closely watched retrial involving the murder of transgender teen Gwen Araujo winds down in Alameda County in Northern California. Three men are charged with first-degree murder in the case, which is being retried after the judge declared a mistrial last year. In the first trial, defense lawyers used the "transgender panic" strategy, saying Araujo deceived the men -- two of whom had sex with her -- by concealing that she was biologically male.

Comparing the work of the district attorney offices in the two cases, Transgender Law Center Director Chris Daly said, "The performances of the different offices are on opposite ends of the spectrum. In Fresno County we have what seems to be a near abdication of their responsibilities, whereas in Alameda County we see an office committed to protecting all residents in the county."

Super, no more

When I was a kid, in the fourth grade, my idol was Superman.  I thought he lived to the highest ideals, even when faced with the most difficult choices.  But to be perfectly truthful, I admired the fact that he could fly above all other things.  I wanted desperately to fly.  In fact, I recall one time when, as a devout believer, I prayed every day for a whole week that I would be able to fly.  I even promised God that I would not fly over 7 feet off of the ground and that I would never use my power for anything but good.  God failed me at the end of that week.  Certain that I could fly, I went to the top of my roof and with my Superman costume (complete with cape, don't you know) I leaped into the air.  Need I report on the result?

The other thing that I wished for in those moments was to wear glasses.  I knew I would need a disguise and if glasses were all that Superman needed to transform him into Clark Kent, then surely they were all I needed.  I resorted to watching television from mere inches away, I read books with a flashlight under my covers; in short, I did everything I could do to ruin my eyes.  The plan worked.  I began wearing glasses at the end of that school year.

Yesterday, I had LASIK surgery.  It is amazing to me, but I can now see leaves on a tree without glasses.  The doctor says that my vision will continue to improve over the next 3 to 6 months and when fully healed I will likely see better than 20/20.  The downside, given my advanced years, of course, is that I now need glasses for up close work like reading and working on the computer.  Still, I like the trade-off, despite my being super no more.

My oh my what changes this year has wrought!

What a lesbian brings on a second date

I have moved.  If you need my new address and phone number, drop me a line. :)

Posting has not resumed

I want to maintain this blog.  I would even like to modify it slightly so that it was informative and interesting and at times fun to read; in my wildest dreams it would even reflect positively on me! :)

However.  All I would be writing about right now is The Girl.  She's all I think about and I spend every possible moment with her.  The only time we're apart is when she's at work. Now, theoretically, that should give me plenty of time to write blog entries -- and, indeed, once I get caught up on minor to-dos from having been out of town, it will -- but it does nothing at all for giving me substance about which to write.

So, for those of you that still pop in occassionally to see what I'm up to I have this to say:  I'm healthy; my healing is back on track and I'm more and more pleased with the work of Dr. Bowers.  I still have to go have my residual male anatomy probed at the beginning of next month, but I'm completly confident that there is nothing to worry about on that front. I'm happy; in fact, I've not been this excited about life since I first appeared at law school.  The Girl and I even made our first joint purchase this past weekend; we bought a painting at a local art fair.  It is sort of impressionistic and reflects a scene from Venice; we've promised each other that we will find this scene in person someday. The only fly in the ointment of my happiness is that there are people that I care about that I've totally ignored this past month or so, including bloggers whose excellent blogs I enjoy reading and haven't been.  Hang in there, friends.  I've not forgotten you and I appreciate you no less  -- I just have to do this exclusively for a while, I hope you understand. I'm even excited that law school begins again in less than a month; I got the courses that I wanted (Evidence notwithstanding; I'll have to take that next term). So, I'll be back when I have something worth writing about.

Problem identified

According to this article, I should have been working twice as hard as I did during my first year of law school.  Well, there you have it.  Well, perhaps I can make it up by studying more in the second half of law school... Naw, too many other worthwhile distractions! :)

Personally, I like the three year structure.  I think it would be cool if there could be a way to offer both and let the consumers (students) choose.  Gosh.  What a radical idea!  A consumer driven marketplace!

Some Question Third Year of Law School

By JUSTIN POPE, AP Education Writer Tue Aug 9, 2:21 PM ET

Now a corporate lawyer, Jennifer Leong fondly recalls her third and final year of law school. A job secured, she traveled frequently. Her courses included feminist jurisprudence and a half-semester bankruptcy seminar — each carefully chosen to get her weekend started by Wednesday afternoon.

"A lot of beer and softball," recalled Leong, who got her University of Virginia law degree in 2000. "Third year was probably the best year of my life."

At many top law schools, the third year is famously relaxed, a halcyon interlude between rigorous introductory courses and the long hours that await graduates at law firm jobs. There is research and volunteer work, but also a lot of bar-hopping and little studying: 15 hours per week, according to one survey at 11 law schools, compared to 33 hours for first-year students.

But if it's an extended vacation, it's pricey: $30,000 or more at top private schools. And at many law schools, grads can't count on the six-figure salaries awaiting many at the most prestigious programs, so an extra year of debt is a big burden.

Some educators want to see the third year beefed up, arguing the law is more complex than ever and future lawyers need more preparation, both for the bar and exam and for their careers. But others want it dropped.

Critics say there's so much law that students will learn most of it on the job, anyway. They see the third year as a revenue racket, a full-employment scheme for faculty that comes at the expense of non-elite school students and discourages them from taking public service jobs.

Blossoming love and a trip to Florida

Did you miss me?

I just had the most fantastic 4 days that I can ever remember.  My new love - I'll call her Kate - came to Florida with me so that a) we could spend some quality time together and b) so that my family and she could meet.  BTW, I have her permission to post about her, but I still don't want to over-post about her personally.  RSLS, I may borrow your convention of "The Girl" if I can license that from you. :)

I had planned to drive down here so that I would have my car with me for the two weeks that I had planned to spend here.  However, on the morning that we were to leave, I awoke and decided to check the airfares and schedules (as well as the auto rental costs).  We opted to fly down, instead.  Consequently, we got here a day earlier than planned and decided to spend that day at Sea World in Orlando.  It is a park that holds meaning and fun for both of us and it was so very special to share it with each other.  As each day passes, and as I learn more about this special and amazing woman I find myself increasingly smitten.  It rained the first night we were there, but it fazed us not at all as we still went for a midnight swim in the outdoor hotel pool and then sat in the hottub and soaked for a while before bed.

At the risk of sounding egocentric, I feel I must share one amazing compliment that she gave me.  After I had recounted to her (with no animosity whatsoever, I firmly believe - but certainly with my own bias) my history with my 3 exs she expressed amazement and anger at them that they didn't stick around.  She said to me "I feel like they had in their possession a unicorn -- an amazing, loving, magical, even mystical creature and they gave it up for an ordinary horse."  The words as I write them here do not convey the depth that was in her eyes nor the feeling that I had as she spoke them but I just tell you now that it was the most amazing compliment I've ever had in my life.

The next three days and two nights were spent at the Don CeSar Resort on St. Pete Beach.  Oh. My. God.  What a fabulous and romantic place to spend a weekend!  We swam in the Gulf every morning (can you see the rainbow that came out just for us?) and breakfasted on the veranda.  We had champagne and chocolate covered strawberries the evening we arrived.  I gave her a tour of my old stomping grounds and we ate ice cream in the afternoons when the temperature climbed toward 100.  We swam in the pool and sat in the jacuzzi in the evenings.  And, we thoroughly enjoyed each other's company.  On Saturday night, we had dinner with my girls and with my folks.  Kate took the attached photo after dinner (I will upload the photo later; it is failing now, for some unknown reason [UPDATE - Picture uploaded]).

All in all, I've had a wonderful time and am falling further and further in love!  What fun this is!!!

Permanent reminder of a temporary feeling

Heidi has a post today about being in Hong Kong.  It reminded me of my time there, so I thought this might be time for another sea story.  I'm thinking Heidi and I will have had radically different experiences in this most cosmopolitan of cities.

I've been to Hong Kong 3 times, between 1973 and 1976, all before the British's 99 year lease reverted the colony back to the Chinese.   The first time, I was a newly minted quartermaster and I never even got to see the city.  We pulled in, announced shore leave for the off-duty watches and set the in-port watch.  I was on the rotation that put me on watch first (24 hour watches in port).  We were just about through that first day when the captain announced that we had to leave port as a typhoon appeared to be bearing down on us.  I reported on that particular joy earlier.

My next trip to Hong Kong was a little more satisfying.  By this time I was qualified in submarines and I was the Leading Petty Officer in charge of the Quartermaster "gang" so I could set my own duty rotation.  In one of my extremely rare moments of tourism, I actually took a sight-seeing tour.  OK, I confess, it was to a San Miguel brewery.  Still, it was quite a long drive and I therefore got to enjoy the countryside on the way up.  When we got there, we really enjoyed the tour.  It was the first time I had ever been on a brewery tour (since then, I've also done Coors in Golden, CO and an Anheuser Busch brewery in Tampa (at Busch Gardens) before they closed it).  It was really quite interesting.  However, the day was hot and the brewery was hot and by the time we reached the end of the tour, we were very hot and thirsty.  They offered us a free glass of beer.  What?  A free glass of beer?  Well, ok, if you insist.  Everyone sat there sipping their beers.  Not me.  I was thirsty.  I drank it down in two quick gulps.  Instantly, another appeared in front of me.  Seeing this, the rest of the tour (mostly my shipmates, of course) began gulping theirs down as well.  After a few beers they brought out the catalog of stuff we could buy.  I spent every nickel I had with me.  I definitely paid for the beer.

I had been thinking about getting a tattoo for sometime.  I was still the "pretty boy" aboard ship, had already been raped and was subject to no small amount of harassement for my somewhat boyish (read: feminine) appearance.  I was proud that I had stuck it out, even when it got hard, and earned my dolphins.   My dad had tattoos, my step-dad has tattoos.  That's what real men in the Navy did, right?  I decided that is what I was going to do.  It is important to understand that this wasn't some drunken flight of fancy.  I made this decision while I was stone-cold sober.  Now, I did in fact get drunk the night that I actually got the tattoo.  I don't care what anyone says, that damn thing hurt!  I was a smoker back then and I literally bit through the butt of a cigarette as they were creating their artwork upon my upper arm.  That need to be macho, to prove my manhood didn't last, obviously.  The tattoo, however, remains (I did attempt to have it removed once a half-dozen years ago, but ended up having them just re-color it).  It is a permanent reminder to me of Hong Kong, of the Navy, of submarines, and of a need to prove to people that I was something that I was not.