The confession of a Colorado man who is accused of
fatally battering a sex partner with a fire extinguisher after
discovering she was a transgender woman, cannot be presented into
evidence, a district court judge has ruled.
Allen Ray Andrade, 31, is charged with second-degree murder in the
death of Angie Zapata, 20. The victim€  ’²s bloodied, battered body was
discovered in her apartment by her sister on July 17, 2008.
Andrade was arrested in the Denver suburb of Thornton, where he lives.
Police responding to a noise complaint found him in Zapata€  ’²s 2003 PT
Cruiser, which had been missing.
Under questioning, Andrade allegedly told investigators that he met
Zapata through MocoSpace, a social network designed primarily for cell
phone users. The two met July 15 and spent the day together. Andrade
allegedly told investigators that Zapata performed oral sex on him but
wouldn€  ’²t let him touch her. When he discovered she was biologically
male, he killed her.
In the taped confession, he allegedly told investigators that he
grabbed Zapata€  ’²s crotch area, felt male genitalia and became angry. He
told investigators that he took a fire extinguisher off a shelf,
struck Zapata twice in the head and thought he €  ’³killed it.€  ’´
But in a 24 page ruling, Judge Marcelo Kopcow said that Andrade€  ’²s
rights had been violated because he had told police he was finished
answering questions, but investigators persisted with questions
leading up to the confession.
€  ’³This court finds the defendant€  ’²s statement, €  ’±I€  ’²m done. Yeah, I€  ’²m not
talking right now€  ’² €  ’¥ is a clear statement of the defendant€  ’²s request
to remain silent and cut off further questioning,€  ’´ Kopcow said in a
written ruling.
Kopcow also told the prosecution it could not describe Andrade as a
high ranking member of a gang that among other things hates gays. The
judge said it was more speculative than substantive.
He did, however, allow the prosecution to present to the jury tapes of
phone calls made by Andrade from jail to his girlfriend.
In one call he said he had €  ’³snapped€  ’´ and that €  ’³gay things need to die.€  ’´
In ruling that the tapes could be played for the jury Kopcow said that
prisoners €  ’³have little, if any, reasonable expectation of privacy
while incarcerated.€  ’´
http://www.365gay.com/news/judge-tosses-confession-of-man-accused-of-killing-transwoman/