April 20, 2009

Jurors hear defendant's jailhouse calls

Posted: 10:40 PM ET

GREELEY, Colorado–Jurors heard from accused killer Allen Andrade today in recorded jailhouse calls with two former girlfriends, Angie Tyree and Felicia Mendoza. A cavalier-sounding Andrade said he “can’t cry over spilt milk” regarding the brutal killing of transgender teen, Angie Zapata, last July. That call and three others, recorded in the days after his July 30th arrest, gave some insight into Andrade’s reaction to his plight.

Defendant Allen Andrade has cuffs removed before testimony resumes

“It not like I went up to a schoolteacher and shot her in the head…or like I killed a law-abiding straight citizen,” he told Tyree. Andrade said he could do “10 or 15 [years]” but that he hoped not to be imprisoned forever. At one point, Tyree scolded him: “You should’ve stayed home.” His response: “I know I should’ve stayed. I should’ve done a lot of things differently…shoulda, coulda, woulda.” Though no longer dating, the two were living together for about three months at the time of Andrade’s arrest.

In the days after Zapata’s death, Andrade reunited with former girlfriend Felicia Mendoza. On the stand Monday afternoon, Mendoza frequently looked to her left at Andrade; he rarely took his eyes off her. She described the two weeks between Zapata’s death and Andrade’s arrest. Andrade came to her home on July 17, 2008, the day Zapata was killed, in a Zapata’s PT Cruiser. Andrade said he bought it from someone at work. He bought her roses, gave her gifts of two purses (later recovered by police as having been stolen from Zapata), took her to a hotel one night and talked about planning a life together.

Mendoza’s world came crashing down on July 30, 2008 when Andrade was arrested outside her home. In three recorded jailhouse phone calls between them on July 30, August 1 and August 2, jurors heard an emotionally distraught Mendoza grill Andrade about the incident. “It was a mistake…somebody died…I met this female; at least I thought it was…I just snapped.” When asked to explain those two weeks in late July where their relationship blossomed, Andrade told her: “I knew our time was limited. I just wanted to make you happy.” When asked why he didn’t just leave Zapata’s apartment, Andrade explained: “It happened so fast…I couldn’t stop…it was over so fast.”

Andrade’s defense team maintains that he killed Zapata in a rage after learning that the woman he was with was biologically a male. The prosecution believes that Andrade knew for at least 36 hours, perhaps longer, that Zapata was a transgender female. A bit more evidence to support the prosecution was elicited on Monday when Mendoza confirmed to prosecutors that Andrade had been chatting with people on the bisexual side of the MocoSpace dating site. That site is where he met Zapata last July.

Jurors heard from 10 other witnesses on Monday, including the deputy coroner who performed an autopsy on Zapata. Jurors saw photos of Zapata’s skull fractured in several places. Lab agents who tested items from Zapata’s apartment testified that Andrade’s DNA was found on three items: a cigarette butt on a window sill which had a mixture of Zapata and Andrade’s DNA, one of Zapata’s purses that Andrade gave Mendoza, and a vibrator in Zapata’s bedroom that had Andrade’s DNA alone.

In Session’s coverage continues Tuesday morning at 9:00 a.m.

–Beth Karas, In Session correspondent

Filed under: Uncategorized

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Jade   April 20th, 2009 11:20 pm ET

So he stole Angie's car and said he bought it, stole some purses for his ex that were Angie's. He committed sex acts with Angie prior to the murder. It sounds like he's going to be done.
And the 'can't cry over spilt milk' comment... there isn't a word I can use on the CNN comment board right now that describes what I want to call him for that.

Patrick H Luepke   April 21st, 2009 12:14 am ET

The situation with what name should be used in court pertaining to the Zapata murder is a simple situation and should have been set at pretrial, The trial is set in a court of law and the only name that can be legally used is Mr Zapatas legal name this is not a matter of preferance but a matter of legality.
Thank You
P.H. Luepke

Andrea   April 21st, 2009 2:55 am ET

What, just because someone's not straight you think they're not human? What a scuzball. This guy should be kept in prison forever. There's a difference between not accepting people and murder. And that's what this was. Cold blooded murder.

Mary Joan Mueller   April 21st, 2009 6:38 am ET

Justin Zapata 's 'brutal murder was a result of DECEIT. He was a man,who posed as a female. Evidence has now come in that the defendant knew for at least 36 hours,that this person was not a female but a male.
I can understand,anger /rage but if the defendant had just walked out of that apartment;he would not be in a crimminal court today.
Teenagers all go through ;' I don't like myself phase';but eventually grow of it and move forward.
Justin Zapata had to make a court appearence for a minor traffic violation.He is Justin Zapata,male,in court papers. Justin was born male and died as a male.
The questions that I ask myself about this case are;how would Justin support himself.?He had no real job or means of a salary,for his life in the future? What about a future college education.? Who was paying the rent/utilities on his apartment,at the time of his death?
According to IN SESSIONS Beth Karas;there is one brother who was against Justin living and poseing as a female.

Deb I   April 21st, 2009 7:33 am ET

I have not been closely following this trial, but I do want to add my hope that this loser/liar/murderer faces LWOP, if not the death penalty. He wanted to kill and did. People who think death is not a serious crime should be removed from our society forever. Let the drug dealers and users out and put the pedophiles and murderers in prison for life.

Nadia   April 21st, 2009 8:41 am ET

Hmm...I wonder why JUST his DNA is on that vibrator? It definitely shows that they did more than he just said; he said that the only thing that happened is Angie gave him a blow-job. That could definitely prove that they did more, which means he HAD to know that Angie wasn't a biological female. Interesting.....

Ashley   April 21st, 2009 9:20 am ET

A person is a person. You can't treat them differently because they aren't what you think they are, you can only accept them. If it was HER will to be female and to live as female then why don't you treat her just as any other female?

Cindy   April 21st, 2009 9:21 am ET

How about "victium" instead of Angie or Justin.

Sulay   April 21st, 2009 9:23 am ET

Last week everyone was in an uproar saying the suspect acting out of rage. For him to then steal the victims belongings goes to show the actual malice and intent. On top of that a vibrator with the suspects DNA, wow that says alot.

Martin   April 21st, 2009 9:24 am ET

I believe a person should be presented as who they really are instead of who they want to be

JT   April 21st, 2009 9:25 am ET

Goodbye Mr. Andrade. They're holding a nice warm spot in hell for you.

Montana   April 21st, 2009 9:27 am ET

I think the court should recognize "Angie" as "Angie" not Justin. This person was dealt a difficult hand in life and made the best of what they had.
He had to of known he was being taped and talking as careless as he was he should get everything he deserves. He may not have "planned to react the way he did" but he should suffer the consequences of his actions.
My heart goes out to the family, you can't replace a life and I am sure Angie knew she was loved but her family no matter what the gender was......this is what a family stands for....unconditional love.

Sabrina   April 21st, 2009 9:31 am ET

Why precisely do we care if Mendoza's world came crashing down? His world didn't come crashing down, Angie's did! Angie's FAMILY'S did! Not this scum of the earth, he just brought the mess. I hope he gets life without parole. I really, REALLY do.

Nick Suttorp   April 21st, 2009 9:35 am ET

I think that Justin is boy and should be called that in court considering if he was to ever to go to prison like the defendnt wouldn't be be with the men?

Brenda,OH   April 21st, 2009 9:36 am ET

If I were the Defense Attorney, I would argue that this would be a case of "rape of the mind". That was my initial reaction when watching this trial. I could not fathom the shock of beginning a relationship and then finding out in intimate circumstances that the person I was with was not the sex that they portrayed. We know preditors groom their victims. I don't see much difference in the case here. How can the proscecution prove that he'd known for 36 hours. It just doesn't make sense.
One must think of the shock and maybe fear of finding out that someone has deceived and misled you into compromising, possibly frightening circumstances.

Angela   April 21st, 2009 9:37 am ET

This whole case is extremely sad. A poor girl lost her life just as it was beginning. As far as what she should be referred to as,(male or female) I believe that the family and loved ones have the right to make that choice. They were the one's closest to her. I feel it is very disrespectful for the defendant's attorneys to refer to her as male. She lived and died as a woman.

Laci   April 21st, 2009 9:41 am ET

I think this guy shows no remorse. He is not sorry for what he did only sorry for being caught. I know he was mislead but in no way is that reason for taking someones life. This only shows that he is capable of cold blooded murder and he will do it again if set off. I hope they lock this man behind bars where he deserves to be. He took a life and so he should have to pay for that.

elianna jimenez   April 21st, 2009 9:45 am ET

I think this is so sad and that no matter who someone decides to be they should be respected and loved and understood i am sure it was hard for her to deal with all the negative in her life why make it harder for her. I think justice should be served and he should get life for taken an innocent persons life.

Maria   April 21st, 2009 9:52 am ET

I missed the trial yesterday, is there a site where i can view yhe video?

John   April 21st, 2009 9:58 am ET

This is a court of law,all names should be refered to as who they are and what they are
Lets keep it straight,all given names should be addressed as so,unless a legal document says otherwise.

Marian Mims   April 21st, 2009 10:04 am ET

While watching on the internet, there was a pause during the questioning of the dark haired girlfriend. The girlfriend and the defendant made eyes at each other, and the defendant made crude motions with his inkpen. Am I the only one who caught this?

Rosemary Lambert   April 21st, 2009 10:07 am ET

I feel that Angie Zapata should be refered to as "SHE", since that is what she wanted to be known as while at least after death please allow her to be refered to as she would have wanted if given the chance to live a full life.

Brandon   April 21st, 2009 10:08 am ET

No one deserves to die the way that he killed her. It don't matter that he lost it he should have never killed her.

Joni Moore   April 21st, 2009 10:09 am ET

The defense should refer to the victim, Angie Zapata, by using feminine pronouns. She lived her life as a woman and did not hide behind a false identity; her family and friends knew her as a sister, a daughter, a girlfriend. She was open and honest about herself. To continue using masculine pronouns when referring to the victim is not only disrespectful, but it is a slanted way of representing the victim in court. Zapata lived as and was known as a woman. To refer to her as "he" is negating this fact, aiding in the defense team's twisting of the facts in order to say that this murder was, in some way, justified. To ignore Zapata's identity and to say that she was male is to say that Andrade's actions were okay, that it's okay to express intolerance and even violence when one encounters a person who is different from oneself in any way. That is unconsionable.

rick   April 21st, 2009 10:13 am ET

I think this is stupid HE should be called a HE is court – the court is all about being "Legal" and HE was born a male and should be called a HE is court and not a she – on his birth cert. he is a male not a female!!! in court HE should be called what HE is a male!! HE is a HE and NOT a she – so why lie in court where you are soppose to be "HONEST" so let's be honest and call HIM a HE!!

Cece   April 21st, 2009 10:16 am ET

The cigarette could have been planted and so could the vibrator. The purse could have been bought at any clothing store in the country. That doesn't prove he did it.

vicky   April 21st, 2009 10:21 am ET

i think that the man just go to jail for life. it doesnt matter how you are and if you like males or females. gays and everyone else we are all the same. god made all of us and he is the only one that has the right to take a life. noone has the right to take someone. and this man i think is gay and he doesnt want his friends to know that he is. im sry for her family and i did say she. thats what she wanted to be and her family loved her

Chris Perkins   April 21st, 2009 10:43 am ET

It would be nice if someone would ask
the lady who is testifying to please
remove her gum. It sure is aggravating
trying to concentrate on her testimony.

Albert Franco Jr.   April 21st, 2009 10:45 am ET

Justine should be called he instead of she in court because legally he is a man.

prgwin   April 21st, 2009 11:03 am ET

this girlfriend, Angie Tyree is such a LIAR!!! Anyone can see she is full of crap! She isn't helping her boyfriend's case at all.

Brandy B.   April 21st, 2009 11:26 am ET

I have met people from the internet. I actually met my husband online. We have been married for 3 years now. I know that there are crazy people on the internet, I'm sure 70% or more lie about about themselves. They want to be accepted and are scared that if they tell the truth, they won't be accepted. I do not agree with the actions taken, but I do believe that Andrade should have been open and honest. I can understand getting very angry, but not killing someone over this. You have to expect the unexpected when you meet people online.

Eric - Lawrenceburg, TN   April 21st, 2009 11:29 am ET

Personally I believe the victim should be referred to as "He".
He was born into this world as a male, and the creation of humans are gifts from God, anyone who reads the bible knows God does not condone homosexuality.
Homosexuality is a sin and anyone who does not believe such is false in their own minds.
God created humans in his likeness, he created Adam and from a rib of Adam he created Eve.
I get so tired of seeing all these "Gay rights" activists, they compare it to the racial activists of the sixties, God loves all races, black, white, yellow skinned, but when it comes to homosexuals God destroyed two cities Sodom & Gomorrah due to largely in fact of homosexuality.
I do not judge them, it is not my place to yet they will see when the day of judgment comes to us all whether homosexuality is right, and there are gonna be a lot of surprised souls.

donald gentry   April 21st, 2009 11:36 am ET

What is the difference between a man and a woman ?
What factor decides man and woman?

John   April 21st, 2009 11:39 am ET

Life in prison. It was a murder. No excuses.

Brandy B.   April 21st, 2009 11:47 am ET

I mistyped. It should have been typed "I do believe that Zapata should have been open and honest."

sara   April 21st, 2009 11:49 am ET

let me say first it is wrong that he killed her and i dont think in any way that it was justified. that being said there unfortunatly are alot of people in this world that are not accepting of other peoples lifestyles be it how they were raised or just being close minded. but i am not blaming the victim when i say this but that may have been something she should have told him before they met if she was planning on being inntimate with him or agreeing to meet him because like i said some people are close minded and you never really know the person on the other side of the computer as i think we have seen so many times before. thamk you.

Yvonne Bonafoux   April 21st, 2009 12:17 pm ET

I don't buy the defendant's defense of "snapping" when he found out that the victim Angie Zapata was a male. I heard on this morning program that the victim was found with her legs crossed and her sister testified that that's how the victim slept, I became suspicious that the victim was murdered in an act of vengeance. In other words, the victim deceived the defendant by not telling him that he was born a male and the defendant waited until the victim went to sleep to kill her and steal her property.

Patty, Nashville, TN   April 21st, 2009 12:24 pm ET

Am I watching the same trial as the people commenting???? Andrade's DNA was found on the victim's is absolutely obvious to me that Andrade knew about Zapata's lifestyle and was interested. It was only after the sexual encounter that he could not admit his own sexual preferences and decided to kill her. HE IS GUILTY!

A. from Indiana   April 21st, 2009 12:33 pm ET

If DNA is the legal standard in identification, then Justin should be identified as male in court. His DNA is male.

Tanna Bowler   April 21st, 2009 12:43 pm ET

He or court I think it's being handled right. Legally she is a he. Family and friends are calling she and thats fine they excepted her like that..

Heather   April 21st, 2009 1:27 pm ET

Hi Beth,

I have followed the Angie Zapata case from the beginning. I am having a lttle problem getting someone to answer a question for me. According to In Session, journalist are only allowed to use the AP guidelines to refer to Angie instead of Justin. However, I would like to know does these guidelines also follow the way her name is shown. I would like to know why Angie is written/shown in parantheses? I believe that Angie should not appear in paranthesis because it still shows desrespect to Angie and her family. Can I get a carification on this issue? Thanks Beth. I love and admire your reporting and the passion you show for the victims and their families. Great Job.

Suzy   April 21st, 2009 2:05 pm ET

They both got what they both Deserved!!!!

Jace   April 21st, 2009 2:10 pm ET

Cece, He admitted to killing her. He then stole her belongings.
Whether he was lied to or not, it does not justify killing someone in the brutal way he killed her.
He is a loser and deserves the death penalty or at least life in jail.

Mary R   April 21st, 2009 2:14 pm ET

regardless of how he or she lived, murder is murder. simple as that

jesse   April 21st, 2009 2:17 pm ET

im sorry but the vib and the call on the jail phone shows that he was looking for a transgender person that would be the only reason he posted on the bi section of moco space, whaic shows that he not only new that angie was a man and he was looking to have some kind of contact with angie and with the DNA on the VIB, that shows he was that it was be use on him that is the only way the dna could have got on the VIB.

Palma Dant   April 21st, 2009 2:17 pm ET

All through this case I hear Allen Andrade refered to as, "Andrade." Not Allen. Why can;t Justin"Angie"Zapata be refered to as Zapata? If Zapata was so uptigh about wanting to be know as a girl why didn't the name be legally changed in court. What would happen if everyone changed their name for whatever reason.

Stick to the facts, just the facts. Allen Andrade and Justin Zapata.

ava   April 21st, 2009 2:18 pm ET

A human being was murdered! Man, woman, blue, purple, black or white, this was a tragedy! This man needs to pay for this horrible crime!!

V   April 21st, 2009 2:22 pm ET

Marian Mimms,you are not alone in what you saw.....
I also thought the same exact thing when I saw the defendant (I refuse to say his name & I do not know what # they will be giving him in jail) 'holding' the ink pen. It also appeared to me that Ms. Mendoza smiled at him. They made eye contact several times....YUCK! how could she even look at him after what he has done! Unlike Justin, this was a CHOICE the defendant made.

I feel horrible for what happened to Justin (yes, Justin – absolutely no disrespect) and no one has the right to do to someone what the defendant did to him! The defendant could have walked out of the apartment, erased his MOCO account & no one would have known he was involved with him. Justin's decision to live his life as he felt it needed to be lived did not give the defendant the right to take it from him.

R.I.P. Justin!!

Will   April 21st, 2009 2:25 pm ET

I to believe that Andrades knew that Zapata was transgender. They met online in the bisexual website area, he went to Zapata's apartment and stayed for "2" days. How is it that Andrades, did not noticed anything out of the ordinary about Zapata?? On top of that, why did you kill her in her sleep after being there more than 36 hours. I believe Andrades is bisexual and went to Zapata's place to have sex with her, and then decided to rob and kill her. After he killed her, he stole her belongings and gave them to someone else. So he made many conscience decisions for his actions. There's just to many gaps in Andrades story. Plain and simple, Andrades is guilty of murder.

Sandy   April 21st, 2009 2:28 pm ET

I am wondering why the Judge, is not saying anything about the GUM CHEWING of one of the girlfriends???? This looks really bad. It also looks bad, when we see Cindy Anthony chewing her gum, in every shot we see of her. Even during the Deposition.
Is this allowed now in court?

Arthur S   April 21st, 2009 2:41 pm ET

For God's sake, STOP BLAMING THE VICTIM, all of you!

Sherry   April 21st, 2009 2:44 pm ET

You've got to be kidding. They met on the BI-SEXUAL side of an internet chat room, DEFENDANT DNA ALONE on the vibrator, car rides court dates etc. This clown obviously KNEW he was dealing with someone with an alternate sexual lifestyle. DEFENDANT was the one doing the grooming. Grooming for robbery, and murder. It happens all the time, they select the target on the internet preferably someone who's NOT going to call the police and make a date and do their crime. I believe Angie was getting ready to call 911 and ultimately mr 3 x loser could'nt have that. Wake -up no mind rape no rage at discovery pre-planned MURDER.

Jeana   April 21st, 2009 2:59 pm ET

None of the commentators on the trial seem to have picked up on the fact that the defense attorneys began calling Zapata "Angie" at the beginning of their opening remarks and as they went along in their story switched to calling Zapata "Justin" corresponding to the time that the defendant allegedly found out that Zapata was born a male. It will be interesting to see if they pick up on this same tactic at their closing.

thetruth   April 21st, 2009 3:11 pm ET

no one deserves to be murdered, I feel sorry for Mr. Zapata family i do not feel its disrespectful to call him by what he was a man biological genetically he called himself a woman which was his choice but putting a cat in the oven doesn’t make it a biscuit, Every ones so PC these days you can’t call it like you see it. its black and white male and female however you choose to identify yourself is your right but there is no other gender and even after you alter the physical your still a man or woman genetically. No grey area

rachae   April 21st, 2009 3:14 pm ET

I don't get the focus on his sex?

Jenn   April 21st, 2009 3:19 pm ET

uh, hello people.. are you missing the point?? he/she.. who really cares? the point is a human being lost their life. don't you think you should focus on the "facts" as they're being presented instead of harping on pronoun usage?! this man killed this person and HE should face the harsh reality that is coming his way soon.

lisa   April 21st, 2009 3:24 pm ET

i heard angie's voice on a recording of her appearing in traffic court with andrade and i could hear the voice appear to sound both male and female also alot of people who attempt to meet someone on a social network and begins developing a relationship then finally get to meet eachother in person, the couple generally engages in some sort of physical interaction with eachother. so... i honestly believe that andrade knew angie was transgender at least sometime during that day they physically met eachother in person.

rachae   April 21st, 2009 3:26 pm ET

Does it matter if they call him/ her. I think it is only relovent if he didn't know at the time he was in relationship.

thetruth   April 21st, 2009 3:32 pm ET

It does matter about gender this case is being used as a model for hate crimes. This is also the basis for the prosecution as motive for the murder.

lisa   April 21st, 2009 3:34 pm ET

so andrade's large amt of dna was on angie's vibrator. personally i have never heard of a homophobic using a homosexual's vibrator. sounds more like andrade was a bit bicurious to me. i sure wish he would testify on his own behalf.

sumday   April 21st, 2009 3:42 pm ET

To JT: yeah there is a nice warm spot for him right next to Zapata

Ccampa   April 21st, 2009 3:44 pm ET

The toy evidence proves to me he knew everything. Further it proves to me this guy Allen is at leas bisexual. He appears not to be able to deal with his bisexuality, I feel sorry for him. I believe his uncontrollable anger was directed at himself, which he channeled to the poor victim because it was the easy path.

I believe these incidents are perfect examples of how society, religion can be so detrimental to individuals who struggle with identity. The most difficult thing non-heterosexual people struggle is with identity. In a less judging world and with less ridicule and hatred, a lot of these problems could be avoided.

Layne   April 21st, 2009 3:49 pm ET

This guy should go to jail, but hate crime? I think not. Not bweing truthful will always bring "notin but bad." Calling this a hate crime just because she was trans gender insults those who have been attacked and often killed because of there sexual preferance.

sumday   April 21st, 2009 3:51 pm ET

Mixed feeling about the whole trail. If Andrade truly did know than he is guilty of murder, if he didn't know and found out the "hard way" I can totally understand a fit of rage. The vibrator thing does make me wonder however dna could have came from him holding the vibrator and planning on using it on "it" until he found out "it" had it's own toy. as far as the phone conversations go, well like it or not there is no law saying you have to be remorseful beside weather you like it or not with freedom of speech you can say what you want and its not a crime.

babs   April 21st, 2009 4:07 pm ET

I gotta wonder if the people that talk about "rage at being lied to" have any clue how they sound.
If you entered a business venture with someone and gave them money and THEN found out that they were, say, Jewish and you don't want to do business with them do you have the right to kill them? No one should be required to disclose anything about themselves that they don't want to. Period. This is murder. Pure and simple. the "reason" matters not at all.

Songbird   April 21st, 2009 4:07 pm ET

If anyone here had studied psychology and other neurosciences, they would know that there is truly very little difference between men and women, especially in the mental departments. Sexuality is a fluid continuum; there are few people who are truly "straight" or "gay", "male" or "female".

However, one does have to be careful when dealing with people, espacially those whom you don't know. While I TRULY believe that gender and sexuality are not the defining characteristic of a person, there are those who believe they are, like Mr. Andrade.

I was once a Christian, but good people like Eric convinced me that I'd rather have no God at all than a God who would condemn people for who they are.

rick   April 21st, 2009 4:14 pm ET

he took the car. guilty as charged. oh and he admits he did it. any other statements like it was an accident, are not to be considered as evidence since they are self serving statements. he knew that the calls might be recorded and statements he made such as that it was an accident, tricked, or whatever would be repeated. his lawyers probably told him to do it.

Stacey A   April 21st, 2009 4:16 pm ET

What other reason is there for this man to kill this woman other than finding out that that she was a he ? If he knew she was a transgender, than why would he kill her after having physical relations with her ?

Veronica   April 21st, 2009 4:18 pm ET

reading the comments posted here most of the "males" who post say "he should be called a he" and the "females" say "she was a woman and died a woman" being a WOMAN I feel Angie should be referred to as a man. As that is what is on the birth certificate unless it says otherwise. But what was this 31 yr old perv doing metting with a 18 yr old "female" anyway??? AND he met her on the BISEXUAL sight listings. The DNA on the vibrator says more than enough. I think he is another "wanna be hardcore male" who likes bi encounters.He wasnt complaining when he was in the act! And when he realized he might not be as hardcore male as he thought and was into the whole "bi" thing he snapped. MURDER IS MURDER. THIS WAS NOT AN ACCIDENT. He took her belongings and gave them off as gifts for goodness sake! This guy should be made as an example for hate crimes and racism. He should recieve the max punishment.

Hbbs   April 21st, 2009 4:19 pm ET

This guy is a sociopath. He deserves everything he has coming to him.

That being said, this young man (Justin) should not have masqueraded as a female. He certainly did NOT deserve to die, or get beat up or ANYTHING, but he should have been up front from the beginning.

HIS name was Justin. HE had a penis. He was male, no matter how much he wished he wasn't. Gender isn't a matter of choice, you have male reproductive organs or female organs and thus are either a male or female. Period.

Serena R.   April 21st, 2009 4:21 pm ET

This trial is sad and devastating to everyone. I cant imagine ever finding someone i loved in that position. Allen is guilty and he knew that Angie was a man, He spent several days with her. Maybe he is ashamed of being gay that's why he always had to bad mouth the gay community. Maybe the whole act of repulsion and shock of actually coming out made him snap. No matter what happens he deserves 1st degree charges and not 2nd.

Bobbie   April 21st, 2009 4:25 pm ET

I have never felt obligated to leave a comment but read others frequently. Today, I will leave my comment due to the ignorance of 'Mary Joan Mueller'. No matter if a person agrees with Justin's choice of living as a woman and choosing to be called Angie, or not, this person is dead, which is a huge misfortune. How is it possible for a Mary Joan Mueller to wonder how ANGIE paid her bills, was planning on going to go to college, did not have a salary, and had a sibling that did not agree with her chosen life style??? Is that the real question here?
Would it make you Ms. Mary Joan Mueller sleep better at night knowing Angie had a good job, paid all of her bills on time and was enrolled in the fall at a prestige college? Would then, this wrongful death be a misfortune to you? It is an outrage to me that several of you have insinuated blame on this individual that is no longer with us. No matter what kind of life style Angie decided to live, she was a human being, that did not deserve or ask for her death to come at a much too early age at the hands of someone else. Let’s try to learn from this and realize that all human life is precious, we do not have any right to judge anyone, ever, for anything, that is God’s job. And if I had to bet, Angie is now happy in heaven with God, living her internal peace as a woman.

rick   April 21st, 2009 4:35 pm ET

i would like to state that i am not the other rick that has posted here that is a homophobe. i posted on the telephone calls and self serving statements.

i have not been following this case closely but the facts speak for themselves. the prosecution has a solid case and are fighting a gay panic defense where the victim is being put on trial.

the man posted on a bisexual hook up website. he met a transgendered person. he met them, had sex then murdered the person and stole their property.

he was looking for a mark. he chose a transexual on purpose.

the motive was robbery.

remove all the religious nonsense and gender specific issues and you have a psychopath/sociopath with his first kill.

he is evil and he murdered angie.

Bob   April 21st, 2009 4:44 pm ET

I have a strong feeling that this defendant will learn what it is like to live like a woman when Bubba gets his hands on him in prison!!!

seriously   April 21st, 2009 4:45 pm ET

the bible might say something about adam and eve... but doesn't it also say something about not killing and not judging others?

blart   April 21st, 2009 5:22 pm ET

"......and a vibrator in Zapata’s bedroom that had Andrade’s DNA alone."

i wonder from what oraface the dna came from. LOL
and he says that he was mad for not knowing.....

Vanessa   April 21st, 2009 5:22 pm ET

Hello I have been watching since this trial has started and since the beginning i have said he is guitly of doing it just because then hearing all the evidence that is coming up now i believe even more that he deserves to roit in prison for the rest of his life.

Ramona Ford   April 21st, 2009 5:27 pm ET

Can someone answer a question for me. I missed how the proscecution thinks the defendant knew Angie was a man 36 hours prior to his death, what evidence do they have to support this charge?

P   April 21st, 2009 5:32 pm ET

This whole argument is wrong.

If your wife cheats on you and you are mad, you're not allowed to murder her.If your boss fires you and you are mad, you're not allowed to murder him. If people cut you off in traffic and you are mad, you're not allowed to murder them.

Some of you think murder is okay, even if you're "mad" at someone, just because that person is transgender. All because you're afraid you might be gay if you so much as look at them. This is exactly why we need hate crime laws for gender identity and sexual orientation.

Antoine   April 21st, 2009 5:44 pm ET

First, this case is about he or she. Both the prosecutor and the defense are presenting their arguments of why the defendant either knew or did not know that Zapata was male or female. The judge could not decide this issue in pretrial because it is for the jury to decide. I believe the defendant knew Zapata was a male, 1. He went to court with Zapata, 2. When you hear Zapata's voice during the traffic court hearing you can definitely hear the male side of him. Most women do not sound the way Zapata sounded, 3. Zapata was 71 inches tall. That had to put up some red flags to the defendant. What about Zapata's Adam’s apple, 4. The defendant was 33 and Zapata 18. The defendant was not naive. He was a street smart individual. He knew what he was doing. The defendant preys on weaker individuals. He was living with an ex-girlfriend without a job and was seeing another girl, besides going off to be with Zapata for a few days, 5. The defendant was using the bi-sexual side of mocca space, 6. The defendant’s DNA was found on a vibrator, only his. If that doesn't say he was bi-sexual I don't what will. The defendant is bi-sexual and couldn't deal with himself. Self hate! I believe he did snap but not because Zapata was a male. It was because he couldn't deal with his inner feelings. It gave him no right to murder Zapata. He should spend the rest of his life in jail

Mims   April 21st, 2009 5:55 pm ET

I have never heard of 'MOCO' before this. Is this something I need to warn my children not to 'check' into?

Joni   April 21st, 2009 6:15 pm ET

To sumday: I'm sure Andrade will be saving you a spot.

Seriously, people, we are talking about a _human being's life_ that was taken for no reason other than greed and intolerance. Whether you want to be respectful and say "she" or revert back to the victim's legally ascribed sex at birth and say "he", we are still talking about a human being who deserves compassion and justice. But to refer to Zapata as "it" not only makes you sound ignorant, but it makes me think that, if presented with similar circumstances, you would not be that far removed from committing a similar act yourself. "I can totally understand a fit of rage" (sumday). Honestly? Shame on you.

BALANCE   April 21st, 2009 6:34 pm ET

This person has no remorse and will do it again, I will find people that will be willing to pay the electrical bill if they need me too!

lotusjani   April 21st, 2009 8:34 pm ET

These two girlfriends of the murderer look so nasty. That Mendoza broad chewing her gum almost to start popping it, I don't know why the judge allows such disrespect in his Courtroom, same goes for "educated" Cindy Anthony, chewing her gum like a rumiant cow during legal proceedings. That Mendoza woman looking at the murderer and half smiling at him when she said yes, they got sexual relations and the murderer smiled at the "memories". They are so nasty, all three of them.
And I wonder if ANGIE'S mother can go to Court and change ANGIE'S name legally like Gwen Araujo's mom did, and stop the idiot defense attorneys making such a big deal offending the family by addressing the victim as he and Justin. What is it to them? Their nasty looking pimple picking client is not goint anywhere anymore, maybe he will go to hell as soon as he enters prison. A person is free to be what they want to be, he/she, so what? If Angie was accepted by her family who would be the ONLY ones affected by her change, what is it to other people? That is so stupid and disrespectful of those two low ignorant attorneys. Shame on them! Angie, rest in peace, God loves you!

Freedom Fighter   April 21st, 2009 9:05 pm ET

The prosecution cannot have it both ways–you can't say that he knew she was a man–then he willingly commits a homosexual act–then he kills her for being homosexual/transgender. That order doesn't make any sense whatsoever.

The prosecution is asking people to jump from point A to point B based on the act being horrific, not the actual evidence. Just prosecute the case based on the evidence on hand and this wouldn't even be an issue.

Also the CNN reporter said that the clerk was able to identify Andrade in court 2 days earlier with Angie. The clerk could not do that, so that was erroneous reporting.

stacee   April 22nd, 2009 1:49 am ET

I feel so badly for the family of Justin. My sympathy goes out to them. I feel that the courts should refer to the victim as what his given name is(just as the traffic violations bureau did). I believe that this is the name on the birth certificate. I mean no disrespect to the family.

The defendant should serve time for this murder. He is most certainly guilty and brutally murdered this victim.

I do not believe that the defendant actually knew that the victim was a male. The traffic ticket and calling the name out Justin??? Come on how many men would actually be paying attention to that? I also know many men that would look up bisexuals – come on they would love to have a threesome with 2 WOMEN.

Unfortunately, I feel that if the victim would have told the defendant that she was genetically male, this would not have happened.
This is a very tragic story.

Once again I feel that this defendant should be punished and certainly serve substantial time but I still have issues with this being premeditated.

Cheryl Settle   April 22nd, 2009 5:47 am ET

I think this guy just looks scary. The jury has a hard job ahead of them. Whether or not he knew Angie was male or female, nobody deserves to die that horribly.

Kathie, Ontario. Canada   April 22nd, 2009 8:40 am ET

I think he made up the whole excuse of "having snapped" to hide
the fact that he is bisexual himself. His own sexuality may be
an embarassment to him. He gives off this very machismo
image , is a gang member , was prowling the bisexual area on
that website. His sexuality is what it is , but he himself is not
comfortable with it. It is more important to him to cover his
own sexuality then the fact he murdered a person who was
exactly what he was looking for online.

Amber   April 22nd, 2009 9:59 am ET

all this bad talk about alan andrade needs to stop. i now him personally and he snapped. Alan would never do something like this. He was in a rage and blacked out. maybe we should focus more on what Justin did to him. Put yourself in his shoes. me being a woman i would snap to. I wouldnt take it as far as killing someone but i would be upset and whos to say what you would do unless you were in that situation. And another thing about the vibrator: why was it only Alans DNA found on the vibrator and not justins? If Alan used it on Justin wouldnt his be on there to?

StarOPKS   April 22nd, 2009 10:09 am ET

I'm not sure any of you are paying attention to the FACTS. Andrade's DNA was on a vibrator – a vibrator, folks! It seems to me that Andrade was a tender, care-giving lover who was interested in massaging the tense muscles of his lover. I think most of us breeders realize the benefit of making sure our lovers are relaxed. A shoulder massage, augmented by a vibrator, is always a welcome gesture. When does "innocent until proven guilty" apply?

pamela devereux   April 22nd, 2009 10:59 am ET

Andrade would have to be comatose to not know Zapata was male. He murdered Zapata because he didn't want to be outed as bisexual not because he was enraged at the eleventh hour reveal. To suggest otherwise is an insult to the Zapata family, in particular, and the rest of humanity, in general.

Gwen   April 22nd, 2009 11:19 am ET

This was a case of a guy (the defendant) feeling the effects of his guilty pleasure; and did not want Zapata talking about it to anyone,
so he killed her. Premeditated, I am not sold on that but the defendant defintely was wanting to hide is lifestyle.

terri   April 22nd, 2009 12:34 pm ET

The murderer should be punished, no doubt. Let the jury decide the facts and the judge mete out the sentence accordingly. Having said that, I feel compelled to say that the victim was responsible for being forthright about gender PRIOR to gaining the defendant's affection. Not doing so was what I'd consider the ultimate betrayal. The consequences of that decision led to tragedy all the way around. Somewhere here is a sad lesson and a painful "reality check" for those transgenders among us. If you are strong enough to make the transition, then you must be strong enough to openly discuss it before placing yourself in a compromising situation.

cindi   April 22nd, 2009 1:48 pm ET

I totally believe that this man did wat he wante then hated his self afterward and decided that he had the right to kill the one person who could speak of his sexual behavior outside of the "norm" so that one person had to be taken care of after he realized he had to face himself. I hope he get the death pental and actual does not suck up my tax money for long.

LFL Los Angeles, CA   April 22nd, 2009 2:22 pm ET

With regard to Andrade hiding homosexual tendencies being on a bisexual website is not necessarily true. Many hetero-sexual males look for bisexual females on these types of sites, hopikng to fulfill their ultmate sexual fantasies.

Martha McGuire   April 22nd, 2009 3:13 pm ET

The prosecution kept referring to Justin Zapata (a MAN folks, not a girl and there's a HUGE difference there, HE WAS A MAN) as a "teenage girl" and it makes me ill. As a teen, I was raped and left for dead in northwest Miami and there was no way I could've stopped it as I was OUT-POWERED BY A MAN. I survived only because I knew where I was because we took my horse out to pasture when hurricane threats (it's safer for them to be free as opposed to concrete stalls) and I dragged myself bleeding from every hole in my body to the woman's home who let us use her pasture! The man was found and convicted of aggravated sexual battery, and no attempted murder because he copped a plea deal. It was a long trial, they dragged me through hell at 15 yrs of age (the defense attacked my character) so I know a little about these trials. I was meant to die but a "plea deal" got my attacker only 7 years!

The forensic scientist stated there had been evidence of a sexual act many hours prior to his, (Zapata's) attack as they'd found his own semen in a pair of underwear. Therefore, I highly doubt Andrade didn't know he'd killed someone; he had all day to himself to stew over whatever sexual event had gone on between these two men as he'd been left alone in a tiny apartment for nearly a day. Is this premeditation? I still say no; all that free time may have been just the trigger to set off a passion-ate RAGE.

Adi   April 22nd, 2009 3:44 pm ET

when he says that he didn't know that he was a man and that he thought she was a real woman when he met her? thats a lie, any one can notice easy when you are talking to a real lady and a transexual or what ever they call those people. My opinion is that , I think and I believe he was using her to live a good life , and I'am talking like the way he was living , taking trips with he's ex -girlfriend taking her to good restaurants and staying at hotels, so again I believe he was using her to make he's ex happy and maybe take her back, not knowing that he was stealing and using somebody else for this.

diana   April 22nd, 2009 4:09 pm ET

My sister was Justins teacher in school years and said that Justin had some issues. But I think what were all forgetting here is weather or not anyone has a right to take another life. NEVER NEVER . It is sad to say that he will only possibly get life because us as tax payers will continue to take care of him for the next 50 years while the Zapada family lives without their family member for the next 50 years.

Caroly   April 22nd, 2009 4:19 pm ET

I hope for the day when we will never even consider the fact that a person was a homosexual, transgendered, transvestite or whatever in our institutions and courts. When killing will be killing and when rage and anger (because that is what most killing is about in the absence of psychosis) will not be a defense. It is heartwarming to see so many of you bloggers already feel that way.

I am Canadian and one of our former Prime Ministers decided that our country would benefit from accepting gay marriage. Sexuality is no longer an issue for civil marriage across the entire country. He was right. Gayness is becoming a non-issue for most people under 40 years old. Some churches still have a problem with it and they do not have to perform any same sex marriages. But religion has lost its power to dictate intolerance. There have been no negative effects, no backlash and although we now have a right wing fundamentalist Prime Minister who would love to turn the clock back (in fact he campaigned on that) he is unable to because of public opinion and the fact he cannot get enough votes in Parliament to do it

I might add that Canada learned a lot about tolerance and human rights from the US Supreme Court of the 1960s and 1970s and from the huge anti-Vietnam demonstrations by the US citizenry. We also benefitted from 250,000 US draft dodgers who moved to Canada in order to oppose the war.

To those of you who have expressed your tolerance for all human beings – keep fighting for human rights. You had a bit of a set back with Bush but you will win in the end.

dave   April 22nd, 2009 6:36 pm ET

just watched the verdict ....wrong verdict ..allen should not spend the rest of his life in prison..if justin would have being honest and upfront with allen none of this would have happened....

steve   April 22nd, 2009 6:54 pm ET

I have a problem with the idea of hate crimes. We prosecute people based upon their crimes (actions that violate the law). We do not prosecute people based upon their words or thoughts which are protected by the 1st amendment. Hate is not a crime. I think this guy is guilty of 1st degree murder and I feel tremendous sympathy for Justin and his family. I do not think that any more is needed to get a guilty verdict, such as attaching a so called "hate crime."

This case comes down to whether or not the defendant was aware that Justin was really a man. If he was aware then he cannot use the justification that he flew into a fit of rage upon learning of Justin's true identity and killed him in a fit of blind and uncontrolable rage as a mitigating circumstance or as a defense. It does in fact appear that he did know so I have no sympathy whatsoever for the defendant.

IF, however, he did not know, then Justin was guilty of deceit in hiding this from the defendant and the defendant goes free. Ask almost any man what his reaction would be if he went home with what appeared to be a woman and began any kind of intimate act with "her" only to learn that she is a he and I can promise you that most men would react violently. Not to the extent this psycho did, but i would venture that a punch in the face would be a normal reaction and I do not feel it would be an over-reaction. A transgender person should know this. You simply cannot trick somebody in such a fashion and not expect negative consequences.

Again, this is just a statement in general that I feel must be made in light of this case but given the defendant's statements I feel that he was well aware of Justin's true gender and is guilty as hell and locked up for life.

Hazel   April 22nd, 2009 9:11 pm ET

I hate the idea that this man could become eligible for parole if laws get changed at some point in the future. Then again, the death penalty would be a mercy considering what's going to happen to him in prison.

There is no plausible legal justification or mitigation for this crime. "Heat of passion" should never be an excuse when the victim was unarmed and not violent .

Rhonda   April 23rd, 2009 4:02 am ET

I find it disgusting that anyone commenting on this case could find the victim at fault. Murder is murder any way you sugar coat it.
There is NO excuse for anyone to take another's life. NONE AT ALL. Just walk away.

Barbara   April 23rd, 2009 5:35 am ET

Just curious. What did Angie Zapata do for a living? She appears to have lived independently, had a car and bank funds but the source of her income was never mentioned.

Barbara   April 28th, 2009 6:13 pm ET

I'm one of Jehovahs Wittness and I think that they are all in trouble for shooting the person. If anything, they should get the death penalty ( Eye for an Eye and Tooth for a tooth) which through the mouth.

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