An Assistant District Attorney gives the final summation to the jury against the accused murderers of Susan Milano, a transsexual. Based on a true story.

WARNING: Rape is mentioned.

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 panties 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 clothing. 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 raped her. Their confession, such as it was, is only part of the evidence. The semen of BOTH 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 fate Susan received.

But it is not just me that needs your protection today. It is the child or spouse that are the victims of abuse; it is the victims of religious and ethnic prejudice, including racism. In fact it is all the victims of those who think they are above the law because no one is above the law, not even me.

It is said that in order for evil to triumph the good do nothing. I contend that if the good do nothing they are not good. They are part of the evil. I am asking twelve good people do what is necessary and convict all the defendants of rape and murder."

In memory of Gwen Araujo who was, according to evidence brought out in the trials, brutally murdered because she was a transsexual. All defendants either pleaded guilty of a lesser charge of manslaughter or were convicted of murder.

“It is said that in order for evil to triumph the good do nothing. I contend that if the good do nothing they are not good. They are part of the evil.” is a paraphrasing of devar torah by Rabbi Benjamin Sendrow of Shaary Tefilla (Carmel In) for Pashah Vayeira, 12 November 2012, using Bereshit (Genesis) 18:1-33 & 22:12 (“Do not stretch out your hand against the lad nor do anything to him…”)

Shofteem, the title of this story, is the Hebrew name of the section of the Torah that deals with justice more than other sections. It means “judges,” and is the Hebrew title of the biblical book, “Judges.” Shofteem is the first word of that Torah section in the Hebrew. The reading is Deut 16:18-21:9.

The date of this posting is the official day Transgender Day of Remembrance.
I thank Judy White for giving me the idea for this story. I also thank Kimmie Townsend and the Hollys, Hart & Wholeman, for their editorial and proofing assistance.

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. It means “judges,” and is the Hebrew title of the biblical book, “Judges.” Shofteem is the first word of that Torah section in the Hebrew. The reading is Deut 16:18-21:9.