Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Catherina

(35,568 posts)
Tue Jun 5, 2012, 02:17 AM Jun 2012

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

crossposted from the Feminist group and the LGBT 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


You can read some details about the ugly racist and transphobic slurs that started it all here http://www.omniaveteranova.com/wp/category/dean-schmitz/

The following is from a report compiled by The National Black Justice Coalition based on the National Transgender Discrimination Survey (NTDS).

Key Findings

• Black transgender people lived in extreme poverty with 34% reporting a household income of less
than $10,000/year. This is more than twice the rate for transgender people of all races (15%), four times
the general Black population rate (9%), and over eight times the general US population rate (4%).

• Black transgender people were affected by HIV in devastating numbers. Over one-fifth of
Black respondents were HIV-positive (20.23%) and an additional 10% reported that they did
not know their status. This compares to rates of 2.64% for transgender respondents of all
races, 2.4% for the general Black population, and 0.60% of the general US population.

• Nearly half (49%) of Black respondents reported having attempted suicide.

• Family acceptance: Black transgender people who were out to their families reported that their families
were as strong as before they came out at a higher rate than the overall sample of transgender respondents.

• Discrimination was pervasive for all respondents who took the National Transgender Discrimination
Survey, yet the combination of anti-transgender bias and persistent, structural and individual
racism was especially devastating for Black transgender people and other people of color.

• Black people who attended school as transgender persons people reported alarming rates of harassment (49%), physical assault (27%) and sexual assault (15%) at school. Harassment was so severe it lead 21% of respondents to leave school with 6% being expelled due to bias.

• Respondents who were harassed and abused by teachers in K-12 settings showed dramatically worse health and other outcomes than those who did not experience such abuse. Peer harassment and abuse also had highly damaging effects.

• Black transgender people have a 26% unemployment rate, two times the rate of the overall transgender sample and four time the rate of the general population.

• 32% of Black transpeople lost a job due to bias and 28% were not hired for a job due to bias.

• 46% of Black transgender people were harassed, 15% were physically assaulted and 13% were sexually assaulted at work.

• Half of the respondents (50%) reported that had been compelled to sell drugs or do sex work for income at some point in their lives.

• Black trans people reported various forms of direct housing discrimination- 38% reported having been refused a home or apartment due to bias and 31% reported being evicted due to bias.

• 41% of Black respondents said they had experienced homelessness at some point in their lives, over five times the rate of the general US population. Of those who experienced homelessness and tried to access shelters, 40% were denied access altogether. Of those who managed to get into those shelters, 61% experienced harassment, 32% physical assault and 31% sexual assault.

• Black trans people are less likely than trans respondents of other races to own homes with a home ownership rate of 14%. That compares to 32% percent for transpeople of any race and 67% of the general US population. The minority home ownership rate according to HUD was 47%

• 21% of Black trans people reported being refused medical care due to bias.

• 34% of Black trans people reported having postponed care when sick or injured due to fear of discrimination.

• While African Americans in general have lower suicide rates than other racial groups as shown by research, nearly half (49%) of the Black transpeople in the NTDS survey reported having attempted suicide. It’s higher than the 41% rate for transgender people of all races and 1.6% of the general US population

• 38% of Black transgender people who interacted with the police reported sexual harassment, 14% reported physlical assault and 6% reported sexual assault.

• 35% of Black trans people have been arrested or held in a cell due to bias at some point in their lives.

• Half of the respondents (51%) reported discomfort in seeking police assistance

• 29% of the African American respondents who had been to jail or prison reported being physically assaulted and 32% reported being sexually assaulted while in custody

Facts taken from http://www.transequality.org/PDFs/BlackTransFactsheetFINAL_090811.pdf and http://www.transadvocate.com/black-transpeoples-burden-the-nbjc-report-on-the-ntds-findings.htm


So when the TransGriot and other African descended trans people tell you that in various forums, panel discussion and other venues that being an African descend transperson isn’t easy and we have serious problems that demand attention and legislative relief, none of us are sellin’ you woof tickets on that.

And it’s why we go ballistic every time we get dissed, dismissed or ignored when we try to tell our stories or are excluded from venues and forums that would allow us to do so.

http://www.transadvocate.com/black-transpeoples-burden-the-nbjc-report-on-the-ntds-findings.htm


I'm sorry this was so long.
12 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

nofurylike

(8,775 posts)
1. horrific. indecent. thank you for posting this, Catherina.
Thu Jun 7, 2012, 06:03 AM
Jun 2012
the judge in McDonald’s jury trial ruled against admitting evidence that included her attacker’s swastika tattoo ...




Catherina

(35,568 posts)
2. I'm still horrified
Thu Jun 7, 2012, 01:59 PM
Jun 2012

There's not much news right now, I think her supporters are organizing new actions.

Here's her Amazon book list if anyone wants to send her books in prison

Send Books to CeCe!
CeCe would love to receive books while in prison. Click here to view CeCe’s book list. CeCe is very interested in art, music, fashion, and pop culture. Please keep CeCe’s interests in mind when sending her reading material. Please note that all materials sent to CeCe must be paperback copies sent directly from the publisher. Click here for more information about the DOC’s mailing regulations. All materials can be sent to the following address:

Chishaun McDonald
OID #238072
Minnesota Correctional Facility-St. Cloud
2305 Minnesota Boulevard S.E.
St. Cloud, MN 56304

http://supportcece.wordpress.com/get-involved/send-cece-books/

nofurylike

(8,775 posts)
5. of course you are, Catherina. it is unimaginably horrible. i am too.
Fri Jun 8, 2012, 02:27 AM
Jun 2012

thank you so much for posting this info again. i hope she gets tons of books!!





Catherina

(35,568 posts)
6. I'm just waiting for the pin to my new debit card so I can order one for her.
Fri Jun 8, 2012, 11:02 PM
Jun 2012

I hope the James Baldwin book will wait that long but if it doesn't, that's ok too.

All the support is making a difference. And it's growing too so don't cry, they can't stop our quest for justice

“So far, CeCe is doing pretty well. She has a relatively positive attitude and she’s been excited to see the support around her remaining throughout the process,” says Katie Burgess, the executive director of the Minneapolis-based Trans Youth Support Network. Burgess maintains constant contact with McDonald and she serves as a key strategist in what has become an international support campaign.

http://colorlines.com/archives/2012/06/when_it_comes_to_where_cece_mcdonald_will_serve_her_time_the_devil_is_in_the_details.html

nofurylike

(8,775 posts)
8. how sweet and kind of you, dear Catherina.
Sun Jun 10, 2012, 04:09 AM
Jun 2012

great book choice for CeCe!!

and thank you so very much about my crying. it just breaks my heart.
i also often cry out of fury.

i will keep up on the news of CeCe's progress.

i am shocked, still, that lawyers did not aggressively defend her self defense. wtf?!
of course, i am intensely aware that that is the fate of countless innocent blacks. and i am a lesbian, so i am intimately aware that crimes against lgbt...s have occurred with complete impunity throughout the entire history of this country, to this day.

please keep us up on what you hear about her. thank you, again.





Catherina

(35,568 posts)
9. Yeah, I wanted to send her a book I loved
Sun Jun 10, 2012, 06:25 PM
Jun 2012

just to make the connection a little more personal.

I think her lawyers really tried but Female? Black? Transgender? Not elite? Against a White man? That's 5 strikes in an ugly, rotten 3-strike game.

I'll keep watching and updating. What infuriates me is that there's so much to watch. And in 2012!

sis

nofurylike

(8,775 posts)
10. HEAR, HEAR!!! : "What infuriates me is that there's so much to watch. And in 2012!" YESYESYES!!!!
Mon Jun 11, 2012, 02:54 AM
Jun 2012


"Female? Black? Transgender? Not elite? Against a White man? That's 5 strikes in an ugly, rotten 3-strike game." enragingly YES

aaaAAAAAAAAIIIIIIIIEEEEEEEEEEEEEE!!!!!!!!!!!

how i would LOVE to see CeCe's reaction to receiving that precious book from you, dear Catherina!!!

"sis"

sis

Catherina

(35,568 posts)
11. I would too dear nofurylike
Mon Jun 11, 2012, 01:04 PM
Jun 2012

The silver lining is that she has so much support and hopefully we can get some laws passed about this.

Here's the latest I could find, there's not much. Everyone seems to be waiting for a cue from her but there aren't any.

Stay strong Cece

Thanks dear nofurylike, it's good to stand together with you for her

CECE MCDONALD AND OTHER TRANSGENDER WOMEN REGULARLY KEPT IN SOLITARY CONFINEMENT, ‘A HUGE, HUGE COST FOR PROTECTION’

Mara Keisling, the Executive Director of the National Center for Transgender Equality, appeared on the Melissa Harris-Perry Show with an update on Cece McDonald, the transgender woman who was recently sentenced to 41 months in a Minnesotan men’s prison. Harris-Perry reported that McDonald is only 1 of 10 transgender women housed in the Minnesota Department of Corrections, and that most of the women are kept in an “administrative segregation cell,” which is essentially solitary confinement under the auspices of protection. According to Keisling, McDonald made a call from prison, reporting that while initially she had been kept in solitary confinement, she has now been released to the general prison population. Keisling argues that while we don’t yet know exactly what Cece herself wants, putting transgender people in administrative segregation is a “huge, huge cost for protection” and “not enough is being done to properly classify transgender people in the prison system.” Watch it:

VIDEO

http://thinkprogress.org/lgbt/2012/06/11/497112/cece-mcdonald-and-other-transgender-women-regularly-kept-in-solitary-confinement-a-huge-huge-cost-for-protection/?mobile=nc

nofurylike

(8,775 posts)
12. "hopefully we can get some laws passed about this." yes o yes!
Tue Jun 12, 2012, 08:37 AM
Jun 2012

CeCe's divine mission.
YES: "Stay strong Cece" !!!

good for Melissa Harris-Perry! again!

thank you for more information on this!
"it's good to stand together with you for her"

gratitude!
that means a lot to me, dear Catherina

it is an honor to stand with you, and with and for CeCe.



Number23

(24,544 posts)
3. Would it be okay if I took the content from your link here
Fri Jun 8, 2012, 12:13 AM
Jun 2012
http://www.transadvocate.com/black-transpeoples-burden-the-nbjc-report-on-the-ntds-findings.htm

and added it to the Graphic Examples thread? http://www.democraticunderground.com/11871728

This is exactly the type of thing the thread has chronicled for the last six years. Thanks.

Catherina

(35,568 posts)
4. Of course!
Fri Jun 8, 2012, 01:50 AM
Jun 2012

I'll try to remember to PM you if I ever post any more stats that would fit.

If you go to the second link after the stats (http://www.transadvocate.com/black-transpeoples-burden-the-nbjc-report-on-the-ntds-findings.htm), you can grab them with the headings and introduction for each category. I was being lazy and was also worried my thread was too long already.

Thanks for pointing out the GRaphic Examples thread. I had no idea it was there. That's an excellent resource!

Catherina

(35,568 posts)
7. “There’s alot going on here…racism, sexism, homophobia, xenophobia…all equals one big fat INJUSTICE!
Fri Jun 8, 2012, 11:06 PM
Jun 2012
...

On Twitter, The View’s Sherri Shepherd declared it “cruel punishment.” A Shepherd follower responded, “No no now, this is AWFUL! Seems like a definite death sentence for CeCe.” And the poet Ursula Rucker shouted (virtually), “There’s alot going on here…racism, sexism, homophobia, xenophobia…all equals one big fat INJUSTICE!!!”

While the “big fat INJUSTICE!!!” part remains a give-in among people with common sense progressive observers and advocates, I was surprised to learn that McDonald’s local supporters are in wait-and-see mode regarding her placement.

“People tend to think about how CeCe identifies as a woman and say she should be able to go to a women’s facility. But there’s really no history of transgender people being placed according to their gender identity. So once CeCe is placed in a permanent facility, she’ll look around and decide if she feels safe there. If she doesn’t, she’ll move forward with a civil suit against the Department of Corrections to be relocated to a safer place. That may or may not be a women’s prison.”

At the moment, the larger issue for McDonald is the state’s evaluation process. Over the next month, says Burgess, an ad hoc committee of prison health officials and wardens will form to determine McDonald’s gender (you read that right), whether or not she’ll continue to receive the hormones she’s been prescribed in the past and if she’ll be placed in administrative segregation, which is really just a glorified version of solitary confinement.

“In my experience, the committee process is remarkably abusive and just disgusting,” says Burgess. “Generally, they’re made up of all non-transgender people with absolutely no cultural sensitivity. They look at three things: physiology—meaning your genitals—sex orientation and prior placement. Rather than protecting transgender people, who are easily the most vulnerable group when it comes to sexual violence in prison, the underlying idea is that transgender people are sexual predators.”

...

(best to read the whole article here)
Latest Discussions»Alliance Forums»African American»Cece McDonald sentenced t...