By Joel Warner
By Michael Roberts
By Alan Prendergast
By Michael Roberts
By Michael Roberts
By Amber Taufen
By Patricia Calhoun
By William Breathes
And while Andrade's DNA was all over the vibrator, it was nowhere on Angie — not in her mouth, under her fingernails or anywhere on her body. There was semen in her underwear, the expert said, but it was her own. Angie still had a functioning penis.
Although Andrade told police that Angie performed oral sex on him on July 15, that confession was thrown out by the judge, and the jury never heard it. Prosecutors brushed aside assertions that the two had sex, emphasizing that it's impossible to know for sure. Instead, they characterized Andrade's stay at Angie's apartment as a sleepover; the way the beds were set up makes it seem like he was a friend crashing on her floor.
Is Andrade bisexual?
Prosecutors hint that he was. His lawyers vehemently deny it.
This much is clear: Andrade was involved in complicated, romantic relationships with more than one woman. One of them, Felicia Mendoza, taught him how to use MocoSpace, a social networking website accessed mainly via cell phones. Mendoza says she saw Andrade trolling a bisexual chat room one time when he was on MocoSpace.
In fact, Andrade met Angie on MocoSpace, though it's unclear when or in what part of the website. Angie's profile said she was female. A representative from MocoSpace says there is no "transgender" option.
Andrade's lawyers discounted suggestions that he's bisexual or gay, saying he could have been looking for bisexual women on MocoSpace, since they're also attracted to men. At trial, they asked Mendoza if she thought Andrade was bisexual. No, she said. Would you describe him as a straight male, they asked? Yes, she answered.
When the police first arrested Andrade for Angie's murder, he told them he thought he'd killed "it," according to an arrest affidavit. In jailhouse phone conversations with his ex-girlfriends, Andrade made comments such as "Gay things need to die," and he called one of his ex-girlfriend's friends a "gay fool."
He also said this: "It's not like I just went up to a schoolteacher and shot her in the head, you know what I mean? Not like I killed a law-abiding, straight citizen."
Kundelius says she was "kind of baffled" by the prosecution's suggestion that Andrade was bisexual. "I don't know what that was about," she says. She says there was "no evidence or indication" that Andrade was anything but straight.
But some observers say his comments — and his actions — show he had something to hide. Transgender blogger Autumn Sandeen, a former Navy officer who transitioned from male to female in 2003 and now writes for the GLBT blog Pam's House Blend, was particularly vocal. "It looks to me that a publicly homophobic, closeted gay or bisexual man killed a woman he saw as trans and gay because he didn't want to be identified as gay himself," Sandeen wrote the day after the vibrator was introduced into evidence. "In my mind, this reads as a crime of angry regret instead of a crime of passion."
What role did gender-specific language play at the trial?
Both sides tried to use it to their advantage.
When Maria Zapata first met with the lawyers who would be prosecuting her daughter's murder case, she had one question: Are you accepting of gays, lesbians and transgender people? Once they answered yes, she followed up with this: How will you refer to my baby?
Throughout the trial, prosecutors called her "Angie," the name she chose for herself when she started living as a woman. They referred to her as "she," talked about "her" cell phone, and said the community had "lost a young woman."
The defense did just the opposite, referring to her as "Justin," her given name. They asked questions about "his" appearance and "his" breasts and whether "he" lied about "his" gender. They made references to "Allen and Justin."
The effect was sometimes confusing for witnesses such as police officers and medical experts, who tended to oscillate between female and male pronouns depending on who was asking the questions. But Angie's family and friends didn't waver. When defense attorneys questioned them about Justin, they answered by referring to Angie.
Kundelius says part of the defense's strategy was to constantly remind jurors that Angie was biologically male. "Our defense was that Allen was deceived," she says. "And Angie was a male." She and her fellow attorneys debated how to refer to Angie during the trial, and "in the end, we decided that was the best way to represent Allen."
Mindy Barton, legal director of the Gay, Lesbian, Bisexual and Transgender Community Center of Colorado and a close observer of the trial, says the tactic didn't work. "It seems clear that the jury was not swayed by that," Barton says. "It was clear upon opening arguments to the jury that we're talking about Angie, we're talking about her, we're talking about a person that deserves respect and has been brutally killed. And out of respect for her, they should treat Angie as the woman that she was."
Why did Andrade drive Angie's car around and otherwise act so strangely after the murder?