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Catherina

(35,568 posts)
Tue Jun 5, 2012, 01:09 AM Jun 2012

Cece McDonald sentenced to 41 months for defending herself against vicious racist transphobic attack

crossposted from the Feminist Group


FOR IMMEDIATE RELEASE

June 4, 2012

Chrishaun “CeCe” McDonald Sentenced to 41 Months for Reduced Charge of Manslaughter
Supporters Vow Ongoing Solidarity with McDonald for Duration of Sentence

Contact: Katie Burgess, Executive Director, Trans Youth Support Network, transyouthsupportnetwork (at) gmail.com, (612) 363-757 and Billy Navarro Jr, MN Transgender Health Coalition, mntranspr (at) gmail.com, (612) 823-1152

Minneapolis—This afternoon, Chrishaun “CeCe” McDonald was sentenced to a 41 month prison sentence by Judge Daniel Moreno. Although McDonald initially faced two charges of second degree murder, earlier this month she accepted a plea agreement to a reduced charge of second degree manslaughter due to negligence. The sentencing proceedings included statements from community leaders, clergy, and McDonald’s family, testifying to McDonald’s loving character and expressing concern for her safety if she is sentenced to serve time in a men’s prison, given the high rates of physical and sexual violence against transgender women in men’s prisons. Around 80 Twin Cities residents arrived to show their support for McDonald, overflowing the courtroom where sentencing proceedings were held.

Although McDonald has been under state supervision for the past 366 days (in jail and under in-home monitoring) the judge determined that she will only receive credit for 275 days served, excluding the time she spent on in-home monitoring. Between this time served and time off for good behavior, McDonald will likely spend less than two more years in prison. Additionally, McDonald was ordered to pay $6410.00 in restitution.

The Department of Corrections has not determined where McDonald will spend the remainder of her sentence, but it is likely that she will go to one of Minnesota’s men’s prisons. In recently released federal standards on the elimination of sexual abuse in prisons, the Department of Justice notes that transgender people should be evaluated on a case-by-case basis to place them where they will be in the least danger (not solely based on genitals). Moreover, the DOJ guidelines seek to minimize the use of solitary confinement for the alleged protection of transgender prisoners. These standards apply to state prisons that receive federal funding. They may impact McDonald, who has been held in a men’s facility for the past year, and twice been sent to solitary confinement against her will.

For supporters, McDonald’s sentencing marks a turning point, but not an end to their efforts. “This is not a resolution to CeCe’s case: she should not be serving time simply for surviving a vicious attack. But the prosecution felt so much pressure in this high profile case that they knew they had to offer a less egregious charge than second-degree murder, ” said Josina Manu. “We’ll stand by CeCe throughout her sentence and after she’s released.”

Supporters have consistently rejected County Attorney Michael Freeman’s claims that the prosecution of McDonald is race and gender-neutral, emphasizing that McDonald’s attack and prosecution are part of a pervasive culture of violence against transgender women of color. They note that Freeman’s responses to CeCe’s broad support campaign only underscore the fact that the criminal legal system provides no real means of securing justice and community safety.

Roxanne Anderson, the Director of the MN Transgender Health Coalition and McDonald’s former employer, said, “Today was a shining example of how hate and fear result in racism and transphobia, and how those play out in the courts of our land. I hope people keep supporting CeCe in every way they can, including showing up to the Power to the People tent at Pride, which was created to squash this kind of racism and transphobia.”

Billy Navarro Jr of the CeCe McDonald Support Committee & MN Trans Health Coalition reflected on the fight to free McDonald: “Our victory today is the beautiful community of support that CeCe has brought together. We will keep fighting back against the incarceration of our loved ones and community members. This June marks the 43rd anniversary of the Stonewall Rebellion, which was led by trans women of color, and this year we’ll be celebrating CeCe’s courage and the struggles that women like her have led for decades.”

For more information on McDonald’s case, visit supportcece.wordpress.com.
###

http://freececemcdonald.tumblr.com/


[center] http://vimeo.com/35665967 [/center]
...

Slurs preceded deadly fight

McDonald was charged with second-degree murder after the melee outside the Schooner Tavern that occurred when Schmitz's group taunted McDonald's group, who were black, with racist and homophobic slurs and a woman smashed a glass in McDonald's face, leaving a cut that required 11 stitches.

McDonald then stabbed Schmitz in the chest with a pair of scissors or a knife. He died at the scene.

...

http://www.startribune.com/local/157000805.html










How to Write Your First Letter to Someone in Prison

“When someone hears their name called by a prison guard during mail call it can be a powerful reminder that people on the outside care about them, and it sends a message to guards and other inmates that this person has support and isn’t forgotten. This can be a vital harm reduction strategy for people who are locked up, especially queer and trans people. Additionally, many people are incarcerated far from their communities or may not have a lot of support from the outside world; many queer and trans people may be in “protective custody” or solitary confinement and may not have a lot of daily contact with others or time out of their cell. A quick letter of support or a long-term correspondence can be a great way to keep their spirits up and let them know they aren’t alone.”

Info and resources to help you take action and write to CeCe McDonald. Also an important reminder that CeCe is not alone, this article includes links to programs for writing other LGBT people that have been incarcerated.

Read the full article


...

The Department of Corrections has not determined where McDonald will spend the remainder of her sentence, but it is likely that she will go to one of Minnesota’s men’s prisons. In recently released federal standards on the elimination of sexual abuse in prisons, the Department of Justice notes that transgender people should be evaluated on a case-by-case basis to place them where they will be in the least danger (not solely based on genitals). Moreover, the DOJ guidelines seek to minimize the use of solitary confinement for the alleged protection of transgender prisoners. These standards apply to state prisons that receive federal funding. They may impact McDonald, who has been held in a men’s facility for the past year, and twice been sent to solitary confinement against her will.

...

Supporters have consistently rejected County Attorney Michael Freeman’s claims that the prosecution of McDonald is race and gender-neutral, emphasizing that McDonald’s attack and prosecution are part of a pervasive culture of violence against transgender women of color. They note that Freeman’s responses to CeCe’s broad support campaign only underscore the fact that the criminal legal system provides no real means of securing justice and community safety.

Roxanne Anderson, the Director of the MN Transgender Health Coalition and McDonald’s former employer, said, “Today was a shining example of how hate and fear result in racism and transphobia, and how those play out in the courts of our land. I hope people keep supporting CeCe in every way they can, including showing up to the Power to the People tent at Pride, which was created to squash this kind of racism and transphobia.”

Billy Navarro of the CeCe McDonald Support Committee reflected on the fight to free McDonald: “Our victory today is the beautiful community of support that CeCe has brought together. We will keep fighting back against the incarceration of our loved ones and community members. This June marks the 43rd anniversary of the Stonewall Rebellion, which was led by trans women of color, and this year we’ll be celebrating CeCe’s courage and the struggles that women like her have led for decades.”

http://supportcece.wordpress.com/



SF Dems call on DOJ to investigate McDonald case
Thursday, May 24, 2012

San Francisco’s Democratic Party has adopted a resolution urging the U.S. Justice Department to review the case of Chrishaun “CeCe” McDonald, 23, a Minneapolis transgender woman imprisoned for what supporters call an act of self-defense.

According to the resolution, McDonald “was targeted in a vicious racist and transphobic attack” in Minneapolis in 2011. In the incident, she killed Dean Schmitz with a pair of scissors.

...

In the resolution, passed Wednesday, May 23, San Francisco’s Democratic County Central Committee calls on U.S. Attorney General Eric Holder and other officials to immediately review the case for possible civil rights violations.

According to Gabriel Haaland, one of the many local LGBT Democratic committee members who submitted the resolution, votes for the proposal were “all yeses,” except for abstentions by Representative Jackie Speier (San Mateo), Senator Dianne Feinstein (San Francisco), and California Attorney General Kamala Harris.

...

McDonald’s local supporters say that the judge in McDonald’s jury trial ruled against admitting evidence that included her attacker’s swastika tattoo and a “lengthy” record of convictions for assault and other crimes.

...

A DOJ spokeswoman couldn’t immediately comment on the likelihood of the department investigating the case.

http://www.californianewstoday.com/sf-dems-call-on-doj-to-investigate-mcdonald-case.html
13 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Cece McDonald sentenced to 41 months for defending herself against vicious racist transphobic attack (Original Post) Catherina Jun 2012 OP
Such a tragic story. William769 Jun 2012 #1
Her case is devastating Catherina Jun 2012 #2
Once she is in State custody William769 Jun 2012 #3
Nothing yet Catherina Jun 2012 #4
"How long can it take to get turned over to the state and processed?" William769 Jun 2012 #5
Thanks n/t Catherina Jun 2012 #7
here's the Minnesota locator site Morning Dew Jun 2012 #6
Thanks. Nothing in there yet Catherina Jun 2012 #8
They're going to house her in the male prison Catherina Jun 2012 #9
Black people have little justice in American courts... Evasporque Jun 2012 #10
This whole situation is a thousand kinds of wrong HillWilliam Jun 2012 #11
Thank you for sharing this. MadrasT Jun 2012 #12
I never did either Catherina Jun 2012 #13

William769

(55,146 posts)
1. Such a tragic story.
Tue Jun 5, 2012, 01:27 AM
Jun 2012

I remember the first transgender inmate I encountered working for the Florida Dept. of Corrections. Her (in my eyes not the States), was not a pleasant stay at all, actually it was a horrific stay for her but I was only there 8 hours a day and right out of the police acaedmy (this was also a time when being Gay wasn't fun either). Luckily she was a short timer.

There are parts of my life (like this) I wish I could forget, as I am sure she feels the same way.

There is still so much more work to do.

Catherina

(35,568 posts)
2. Her case is devastating
Tue Jun 5, 2012, 01:36 AM
Jun 2012

I'm glad you were there for when she was instead of a hater.

I remember the first transsexual youth I knew. He transitioned after we lost touch but he was one of my funnest friends. The whole time I knew he should have been a woman but never said anything. Now she is and I hope she's happy.

If I ever see her again at a reunion or something, the first words will be "Hi sis! It's so good to see you again."

I don't know how people sleep at night hating on other human beings.

I fear for her in prison and hope she doesn't go to a male prison. Do you know how we can find out where they send her?

William769

(55,146 posts)
3. Once she is in State custody
Tue Jun 5, 2012, 01:46 AM
Jun 2012

You should be able to track using this link. http://www.wi-doc.com/index_adult.htm

If there is anything I can do to assist you, please don't hesitate to ask.

ETA: Once at this link, scroll down and click on "Inmate Location"

Catherina

(35,568 posts)
4. Nothing yet
Tue Jun 5, 2012, 02:32 AM
Jun 2012

How long can it take to get turned over to the state and processed?

William, you're the best. Thanks for this link and everything else you do here.

I'm halfway through a letter to her, just bawling my eyes out.

William769

(55,146 posts)
5. "How long can it take to get turned over to the state and processed?"
Tue Jun 5, 2012, 02:45 AM
Jun 2012

Thats a tough question, it varies. Depending on State inmate population compared to the Inmate population at the County facility she is being held at (who knows). Even when they are in State custody, the State will pay to house in a County facility if there is a prison over crowding problem.

You have to remember I am in Florida and at the time of my retirement, Florida had the 2nd largest prison population in the U.S. It's different State by State. Also by decree of the Federal Government, Florida was under a Federal consent order dealing with prison overcrowding, medical treatment & excessive use of force by the State. I picked a hell of a time to work for Florida D.O.C.

Best bet for now, just keep checking that website.

Catherina

(35,568 posts)
8. Thanks. Nothing in there yet
Tue Jun 5, 2012, 03:38 AM
Jun 2012

They allowed a search just based on her last name. 4 results came up but I didn't recognize any of the first names as hers. Since I don't know her real birthname, I checked the birthdays too. Hers is Saturday May 26, none of the four matched.

Catherina

(35,568 posts)
9. They're going to house her in the male prison
Tue Jun 5, 2012, 03:51 AM
Jun 2012
CeCe McDonald, the young black transgender woman who accepted a plea deal and pled guilty to second-degree manslaughter last month will be incarcerated by the state of Minnesota as a male.

...

Upon sentencing, McDonald, 24, will be taken into custody by the state Department of Corrections and housed as a male “because he is being housed as a male with Hennepin County,” corrections spokeswoman Sarah Russell told the Star Tribune on Monday . “We will intake him as a male at St. Cloud prison.”

...

Russell went on to add the state will make its own determination of McDonald’s gender.

“We will assess him as any other offender would be assessed,” Russell said. “The assessments include, but are not limited to, screening for potential vulnerability to sexual assaults, tendencies to act out with sexually aggressive behavior and any disabilities” as defined by federal law.

...

http://colorlines.com/archives/2012/06/cece_mcdonald--young_black_transgender_woman--to_be_housed_in_male_prison.html


This is chilling.

Evasporque

(2,133 posts)
10. Black people have little justice in American courts...
Tue Jun 5, 2012, 09:09 AM
Jun 2012

Self defense, racial and homophobic slurs, attacked and cut...and coerced/forced to plea...in the end she will be exonerated and the state of Minnesota will end up paying massive amounts of restitution to her...if she survives prison.

HillWilliam

(3,310 posts)
11. This whole situation is a thousand kinds of wrong
Tue Jun 5, 2012, 09:41 AM
Jun 2012

Here is another case of "wrong color, wrong gender". If she had been a white male, I'm pretty certain the turnup would be a lot different.

It hurts to think how much worse my trans-sisters and -brothers are being treated than nearly every other segment of humanity. Being a gay man, I can only offer my love, support, and solidarity. Anything else that's required, well, y'all will have to educate me on. I'm willing to learn and try.

MadrasT

(7,237 posts)
12. Thank you for sharing this.
Tue Jun 5, 2012, 10:35 AM
Jun 2012

It is so very upsetting.

It is especially nice to see this included:

How to Write Your First Letter to Someone in Prison

“When someone hears their name called by a prison guard during mail call it can be a powerful reminder that people on the outside care about them, and it sends a message to guards and other inmates that this person has support and isn’t forgotten. This can be a vital harm reduction strategy for people who are locked up, especially queer and trans people. Additionally, many people are incarcerated far from their communities or may not have a lot of support from the outside world; many queer and trans people may be in “protective custody” or solitary confinement and may not have a lot of daily contact with others or time out of their cell. A quick letter of support or a long-term correspondence can be a great way to keep their spirits up and let them know they aren’t alone.”

Info and resources to help you take action and write to CeCe McDonald. Also an important reminder that CeCe is not alone, this article includes links to programs for writing other LGBT people that have been incarcerated.

[http://www.prettyqueer.com/2012/05/04/how-to-write-your-first-letter-to-someone-in-prison/|Read the full article]


I have never thought about how much difference that could make to someone.

This is beyond upsetting to me. Prison is so horrible to begin with... the cruelty that goes on in them... the whole situation makes me shudder and feel very sad.

Catherina

(35,568 posts)
13. I never did either
Tue Jun 5, 2012, 01:29 PM
Jun 2012

but when I saw that, it was one of those *duh* moments. I wrote her a letter last night but I'm so horrified bu her case, I'll need to rewrite it several times to make it as supportive as possible.

It's so painful to imagine being her shoes.

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