But an attorney for Allen Andrade said the case is about the woman's deception and Andrade's reaction to that deception, not whether Angie Zapata's lifestyle was right or wrong.
"This girl that he had just spent the last day with, was in fact a man, and Allen snapped," defense attorney Bradley Martin declared in opening statements.
Oh yes, the "trans-panic" defense (a variation on what's been used to justify beating GLBT people to death for years) It's the most intellectually vacuous excuse making I've ever seen - especially when it's murder.
Accusing the victim of "deception" hardly justifies a murderous response under any circumstances. If you are so fragile that learning someone is transgender is a threat to you equivalent to having a gun pointed at you, then perhaps you shouldn't be trying to date people yet.
The defense argument is ridiculous and offensive. To accuse a transsexual of being "deceitful" for living their life is beyond offensive, it demonstrates a clear lack of understanding of the transition process itself, and the WPATH standards of care which clearly obliges the transitioning person to live at least a full year in their chosen gender before they are candidates for Gender Reassignment Surgery.
Nieto showed jurors partial transcripts of tape-recorded jail calls in which Andrade allegedly told his girlfriend that he "snapped" and that "gay things need to die."
In another transcript, Andrade downplays the slaying. "It's not like I went up to a school teacher and shot her in the head, or killed a straight law-abiding citizen," he said in the transcript.
Martin said the jail calls were taken out of context as Andrade joked with his girlfriend about a crime he knew he didn't commit.
"Taken out of context" - ah yes, the excuse of politicians everywhere. In this case, the excuse of a murderer trying to justify to himself his own actions.
Let me be very, very clear here. Murder is murder. You cannot justify it based on some ridiculous excuse like "I panicked because she was transsexual". There is no way that someone being transsexual poses that much of a threat to anybody.
If the judge allows this defense to prevail, it will be open season on transsexuals across America. Sadly, this kind of defense is being used because it has been successful before - when it had no right to be.