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Shofteem
By shalimar
The sun was just peeking its head over the horizon on that particular
September morning as the clock radio began to wake up the sleeping
beauty. It was set to a soothing music station that usually put the
assistant district attorney in a happy mood. But today wasn't going to
be a happy one even if she did win the case for which she was about to
do her summation later that morning. She needed to ask for the death
penalty.
There was overwhelming evidence that the defendants had planned to rape
and brutally murder the victim, Susan Milano. Although they deserved
that sentence, asking for the death penalty always left a bad taste in
The ADA's mouth. She believed the death penalty should be only reserved
for extremely heinous crimes where the perpetrator was both morally
challenged and unsalvageable like Pol Pot and Eichman but the ADA
needed this conviction for Susan and everyone like her.
When the sleeping beauty finally woke enough to get out of bed she took
a quick shower. She wanted to have time to watch the remains of the
sunrise or take a leisurely bath, but she didn't have time for those
luxuries that day. She needed to get to work and her work included
looking good in a conservative way, so instead she needed the extra
time to get ready. While taking the shower she made sure that she had
no extra body hair especially where she would be showing.
She put on a conservative white panty and bra set. Next was her white
blouse with billowed sleeves and a long bowtie connected to the collar.
She added a neutral colored pantyhose and two inch royal blue courts.
The skirt was also royal blue and quite conservative, as its straight
hem was about two inches below the knee. She noted that she needed to
loose weight as it fit too snug. A smart looking yellow gold watch soon
adorned one wrist and two yellow gold bracelets decorated the other.
Small yellow gold earrings with three diamonds each went into the
single hole in each earlobe. After putting on some makeup at her vanity
she added some perfume. As she left her apartment she took the royal
blue jacket that matched her skirt.
She arrived at the courthouse in her small Hyundai after a brief stop
at the bagel shop that was on the way to get a whole-wheat bagel, which
she needed to eat in the car. Before entering the courtroom she went
into the lady's room and checked how she looked. She only needed to fix
her jacket, brush some crumbs from her skirt, fix her hair slightly and
reapply her lipstick.
She sat down at the District Attorney's table about a minute before the
jury filed in. Some of the jurors were staring at her. She knew why
they were staring, so she knew she was getting the effect that she
needed. However, the defense attorney was furious.
The judge entered as the court did the "All rise" thing.
"Is the prosecution ready?" the judge asked.
"Ready for closing arguments, your honor," she replied.
"May we approach the bench?" her opponent asked.
The judge motioned them to approach and speak privately.
"Your honor, the ADA's dress is highly inappropriate," the defense
attorney whispered.
"Your honor, as you probably noticed, I am dressed similarly to the
other women attorneys that have practiced in your court and the other
courts in this building. I doubt that what I am wearing is that much
different from what you are wearing underneath your robes except for
maybe the colors. You honor might remember that I have been dressed
this way in your court before. Besides, the way I am dressed today is
essential to my closing arguments."
"But, your honor," the defense attorney continued. "Until today the ADA
was dressed as a man."
"Stealth, your honor. All my clothes are female. As your honor knows
from previous private conversations, I no longer have male clothes.
What I was wearing for the trial until today may have looked like male
clothes, but Laura Scott, Amy Vanderbilt and others designed them to
fit the bodies of women. What I am usually doesn't have any bearing on
the cases I present before you or the other judges. Today it does."
"You may proceed," The judge told her. "But be aware that there still
may be a mistrial because of your actions."
"I understand, your honor," she replied. "Thank you."
Confidently, the ADA walked to the jury and said, "As I promised when I
first spoke to you a few days ago, the people have shown that the
defendants did forcibly enter the deceased, Susan Milano, and rape her.
Their confession, such as it was, is only part of the evidence. The
semen of BOTH of the defendants was found in her body. Susan's wounds
were consistent with forced entry. For example, there was no evidence
of petroleum jelly near her opening where the semen was found. They
said that they brutally murdered her because she was what is commonly
called a t-girl. That is a transsexual. Yes, Susan Milano was born in a
boy's body but looked and felt like a girl.
"Some of you would want to use the male forms for Susan. It is not my
job to argue with you about that today. Some of you may think that the
defendants had a right to be angry because, as they claimed, they were
fooled. They were so angry she fooled them, yet they still raped her
BEFORE brutally murdering her. They knew what she was when the raped
her, yet they CONTINUED the rape. They then buried her in a shallow
grave. They said they just happened to have the rope they bound Susan
and a shovel with them in the car. Quite frankly, I think they lied.
The rope and the shovel prove they had PLANNED to rape Susan. They had
PLANNED to murder her. That is blatant premeditation, ladies and
gentlemen of the jury, of both the rape and the murder.
"The defense claims a defense of something they call 'gay panic.' If
you accept that defense than you also condone what the Nazis did during
the Second World War to Gays and Jews, Gypsies and Poles. Both what the
Nazis did and the defendants did was pure murder.
"That is why I need your help, today. I need your protection. For you
see I am, like Susan, a transsexual. Like Susan and other women, I can
be raped. Like Susan I can be murdered by someone who is: quote, 'a
real man,' unquote. But to a real man it wouldn't make a difference if
I or any other transsexual were found out. Some of those real men would
still want to have sex with me or another transsexual. Some would not.
That would be their choice. But NONE would force themselves on me or
any other woman, and NONE would kill me or any other transsexual,
because, unlike these predators, they are real men.
"So, PLEASE, I beg you, to protect me from a predator who would rape a
woman because she is a woman or kill a transsexual because she is a
transsexual. The evidence is conclusive that they did the crimes. Even
if you think that transsexuals are perverted you MUST convict. Even if
you think that what a transsexual does is against G_d's laws you MUST
convict. Raping and murdering someone are two of the worst perversions.
Raping and murdering someone are the worst violations of G_d's laws.
Save me and others like me from the same fait that Susan received."
...
In memory of Gwen Araujo who, according to evidence brought out in the
trials, was brutally murdered because she was a transsexual.
Shofteem, the title of this story, is the Hebrew name of the section of
the Torah that deals with justice more than other sections. Shofteem is
the first word of that section in the Hebrew. The reading is Deut
16:18-21:9.
I thank Judy White for giving me the idea for this story. I also thank
Kimmie Townsend and Holly Wholeman for their editorial and proofing
assistance.
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