Ellis County Observer publisher Joey Dauben finally gets a court-appointed attorney

Joey Dauben

Joey Dauben, the publisher of the now-defunct Ellis County Observer, finally got to see a court-appointed lawyer this week to help him fight the three felony counts of child sexual abuse that have kept him in the Navarro County Jail without legal advice for almost two months now.

Edward Jendrzey, whose office is in Waxahachie in Ellis County, received the court-ordered appointment Thursday, Feb. 16. Jendrzey accepted the case after Steve Keathley, a Corsicana attorney whose wife is the president of the Navarro County Bar Association, declined an appointment by District Court Judge James Lagomarsino to represent the journalist.

In a telephone interview today, Jendrzey said, “Yes, he knows I’m representing him,” when asked whether he had met with his new client, who reached out for help from the media this week in a handwritten letter from jail. When a defendant declares himself to be indigent and asks for a court-appointed attorney, that is supposed to occur within 72 hours. In the letter, Dauben also again claimed he is innocent of the charges.

Jendrzey said his first step in Dauben’s representation will be to conduct an independent investigation of the case to learn the circumstances and to attempt to get Dauben’s $200,000 bond set by Lagomarsino lowered. “I’ll be meeting with the prosecutor about that,” Jendrzey said. Dauben’s family and friends have been unable to raise the 10 percent (or $20,000) payment bond agencies typically charge to get a defendant released from jail.

—  admin

Araguz booking raises questions about Harris County jail’s treatment of transgender inmates

Judge Vanessa Valasquez

Judge Vanessa Valasquez

According to the Houston Chronicle, Nikki Araguz has been booked into the Harris County Jain after arriving 40 minutes late for a scheduled court appearance on Friday. The court date was to allow Araguz to plead guilty to charges that she stole a watch from an acquaintance last year. Under the proposed plea bargain Araguz would have paid $2,600 in restitution and served 15 days in county jail. State District Judge Vanessa Velasquez, a Republican first appointed to the bench by Gov. Rick Perry, responded to Araguz’ apologies for her tardiness with “It’s too late for sorry,” ordering bailiffs to escort her to a hold cell next to the courtroom.

Araguz is the widow of firefighter Capt. Thomas Araguz who died in the line of duty last year. Capt. Araguz’s ex-wife and mother have sued to claim the portion of his survivor’s benefits reserved for the spouses of slain firefighters, claiming that since Nikki Araguz was identified as male at birth the marriage was invalid under Texas’ laws prohibiting the recognition of same-sex marriage. Mrs. Araguz’s birth certificate identifies her as female, as does her state issued identification.

Araguz’s booking has raised questions about the Harris County’s treatment of transgender detainees. The Sheriff Department’s Public Information Inquiry System listed Araguz using her male birth name on Friday. They have since removed the name from the site’s searchable database but have retained the record, listing it under the department’s “special person number” (SPN) filing system. The SPN record includes Araguz’s birth name. The Sheriff’s office has not returned calls from Houstini asking why the department is not using Araguz’s legal name and if this is common practice.

According to a friend who has visited Araguz at the jail her identity bracelet correctly identifies her gender as “F” – but reflects Araguz’s birth name, not her legal name. Araguz is segregated from the general jail population, but can receive visitors during regular visiting hours.

Araguz will remain in the Harris County Jail until Jan 25 when she is scheduled to appear again before Judge Velasquez.

—  admin

Upstate NY newspaper runs trans-tastic series

A view of Downtown Albany from the Hudson River

My college town newspaper, the Albany Times Union, is running an awesome series of articles about the transgender community this week that I wanted to share.

When I was in school, the Times Union was the conservative newspaper and the now-gone Knickerbocker News was the liberal paper. But the surviving paper knows its audience and Albany is liberal. No, that should read LIBERAL.

This whole series is worth a read. But not only are the articles good, so are the comments. The biggest complaint is that the LGBT community is getting too much coverage. Imagine that in the local Dallas newspaper. I expect more negative comments right here in a Texas LGBT newspaper than an Upstate New York mainstream paper is getting.

Here’s an article filled with statistics. They claim more than 8 million LGBs in the U.S. and 700,000 transgenders. There’s no census count so I’m not sure where the numbers come from.

Here’s the main page — Transgender: A Special Report. The online version begins with 75+ photos.

People just know me as Pat

The long, difficult journey of how a man became a woman

Surgery, pain, humor and no turning back

Going from Kenny to Kym was no easy road

For Drew, nothing is written

‘I like my fluid identity’

A little about Albany

Albany is a small city of about 100,000 people. The capital of New York, it’s about 150 miles north of New York City, north of the Catskills, south of the Adirondacks and where the Mohawk River empties into the Hudson River. Where the northbound New York State Thruway makes a sharp left turn to head west to Buffalo — giving the city its nickname — the armpit of New York.

Oh, and Albany is a very liberal city. So it’s not surprising they’d run this series. I just don’t know when another mainstream daily has devoted this much space at one time to transgender issues.

Albany is home to the first LGBT community center ever created in the country. Located in a brownstone a few blocks the Capitol, it’s now called the Capital Pride Center. The building was purchased in 1974 by a professor at my school and a group of us helped renovate the building. That was the first time I ever helped build stairs. Hopefully they’ve been rebuilt since then.

And Sen. Gillibrand — who represented Albany before becoming senator — was a leader in getting rid of “don’t ask, don’t tell” and pushed for marriage equality along with Governor Andrew Cuomo.

—  David Taffet

Judge to rule this week in Nikki Araguz case

Nikki Araguz

Transgender widow vows appeal if she loses case

JUAN A. LOZANO  |  Associated Press

WHARTON, Texas — The transgender widow of a Texas firefighter will likely learn next week whether his family’s request to nullify their marriage and strip her of any death benefits will be granted, a judge said Friday.

State District Judge Randy Clapp made the announcement after hearing arguments in a lawsuit filed by the family of firefighter Thomas Araguz III, who was killed while battling a blaze last year. The suit argues that his widow shouldn’t get any benefits because she was born a man and Texas doesn’t recognize same-sex marriage.

The widow, Nikki Araguz, said she had done everything medically and legally possible to show that she is female and was legally married under Texas law. She believes that she’s entitled to widow’s benefits.

“I believe the judge is going to rule in my favor,” Araguz said after the court hearing.

The lawsuit seeks control over death benefits and assets totaling more than $600,000, which the firefighter’s family wants to go to his two sons from a previous marriage. Voiding the marriage would prevent Nikki Araguz from receiving any insurance or death benefits or property the couple had together.

Thomas Araguz died while fighting a fire at an egg farm near Wharton, about 60 miles southwest of Houston, in July 2010. He was 30.

His mother, Simona Longoria, filed a lawsuit asking that her son’s marriage be voided. She and her family have said he learned of his wife’s gender history just prior to his death, and after he found out, he moved out of their home and planned to end the marriage.

But Nikki Araguz, 35, has insisted that her husband was aware she was born a man and that he fully supported her through the surgical process to become a woman. She underwent surgery two months after they were married in 2008.

Longoria’s attorney, Chad Ellis, argued that Texas law — specifically a 1999 appeals court ruling that stated chromosomes, not genitals, determine gender — supports his client’s efforts to void the marriage.

The ruling upheld a lower court’s decision that threw out a wrongful death lawsuit filed by a San Antonio woman, Christie Lee Cavazos Littleton, after her husband’s death. The court said that although Littleton had undergone a sex-change operation, she was actually a man, based on her original birth certificate, and therefore her marriage and wrongful death claim were invalid.

Ellis presented medical and school records that he said showed Nikki Araguz was born without female reproductive organs and that she presented herself as a male while growing up and going to school. He also said her birth certificate at the time of her marriage indicated she was a man.

“By law, two males cannot be married in this state,” Ellis told the judge.

Nikki Araguz, who was born in California, did not change her birth certificate to reflect she had become a female until after her husband’s death, said Edward Burwell, one of the attorneys for Thomas Araguz’s ex-wife, Heather Delgado, the mother of his two children.

But one of Nikki Araguz’s attorneys, Darrell Steidley, said that when his client got her marriage license, she presented the necessary legal documents to show she was a female. He also noted changes made in 2009 to the Texas Family Code that allowed people to present numerous alternatives to a birth certificate as the proof of identity needed to get a marriage license. That was an example, he argued, of the state trying to move away from the 1999 appeals court ruling.

The changes in 2009 allowed transgendered people to use proof of their sex change to get a marriage license. The Texas Legislature is currently considering a bill that would prohibit county and district clerks from using a court order recognizing a sex change as documentation to get married.

After the hearing, the firefighter’s family and attorneys for his ex-wife criticized plans by Nikki Araguz to star in a reality television dating show and implied she was only interested in money and fame that the case would bring her.

“That is absurd,” Nikki Araguz said in response. “I’m after my civil equality and the rights that I deserve as the wife of a fallen firefighter.”

If the judge rules against the firefighter’s family in their motion for a summary judgment, the case would then proceed to trial. Araguz said if the judge rules against her, she would appeal, all the way to the U.S. Supreme Court if necessary.

—  John Wright

Rick Perry boasts personal experience to claim success of Texas abstinence-only sex ed programs

In what has to be one of the most moronic answers to a basic and serious question about the effectiveness of abstinence-only sex ed in a state that ranks #3 in the number of teen pregnancies and No. 1 in repeat teen pregnancies, Governor Rick Perry cites his personal experience, not statistics, to claim these ridiculous programs are working.

Texas is doing as little as possible to help women – especially young women – avoid unwanted pregnancy. For one thing, it’s extremely tough for teenagers to get contraceptives in Texas. “If you are a kid, even in college, if it’s state-funded you have to have parental consent,” said Susan Tortolero, director of the Prevention Research Center at the University of Texas in Houston.

“Abstinence works,” said Governor Perry during a televised interview with Evan Smith of The Texas Tribune.

“But we have the third highest teen pregnancy rate among all states in the country,” Smith responded.

“It works,” insisted Perry.

“Can you give me a statistic suggesting it works?” asked Smith.

“I’m just going to tell you from my own personal life. Abstinence works,” said Perry, doggedly.

Do we now have to ask Governor Good Hair about the details of his personal experience in order to analyze why abstinence-only is effective for the entire Lone Star State as the babies continue to be popped out by teens?
Pam’s House Blend – Front Page

—  David Taffet

Gay Student Teacher Settles Discrimination Claim

SETH STAMBAUGH X390 (BLOG) | ADVOCATE.COMA Beaverton, Ore., school district has settled a discrimination complaint filed by a student teacher who says he lost his job after discussing gay marriage with a fourth-grader.
Advocate.com: Daily News

—  David Taffet

Emotional Disturbance Claim Possible in Gay Murder

John Katehis x390 (fair) | ADVOCATE.COMThe attorney who represents John Katehis,
the accused killer of gay journalist George Weber, says he may offer an
extreme emotional disturbance defense during the second trial for
the 18-year-old.
Advocate.com: Daily News

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Suspended Cop Sues N.J. on Bias Claim

New Jersey State Police logo X390 | ADVOCATE.COMA lesbian police officer is suing the state of New Jersey, claiming that
authorities suspended her for sexually harassing another officer
because of her sexual orientation.
Advocate.com: Daily News

—  admin

Watch: FRC’s Tony Perkins Makes Laughable Claim That His Group is Neither Hateful Nor Anti-Gay

Frc

FOX & Friends offers a sympathetic ear to the Family Research Council's Tony Perkins, who wants the Southern Poverty Law Center to retract their designation of FRC as a hate group.

In fact, the reasons for the SPLC's designation are well-documented

Jeremy Hooper at Good as You also uncovered a document, as yet unreleased, which shows that FRC is developing a campaign with some of the other anti-gay groups which the SPLC labeled as hate groups, to try to spin the lie that they are the victims.

Watch Perkins spew lies on FOX & Friends, and read the document, AFTER THE JUMP


Here's the document:

StartDebatingStopHating.com: FRC's ridiculous attempt to spin the SPLC list


Towleroad News #gay

—  admin

Lawyers For Students Who Broadcast Tyler Clementi’s Intimate Encounter Claim No Sexual Contact On Webcam Video

6a00d8341c730253ef0134888e5dea970c-800wi
Lawyers and friends of Dharun Ravi and Molly Wei, the two former Rutgers students (they both withdrew from the school late last week) who filmed Tyler Clementi's intimate encounter with another man intimate before the freshman student took his own life, have announced that there was no sex or nudity involved in the webcam broadcast. They also claim that the video was only viewed from one computer: Wei's.

The Star-Ledger reports:

"I’m unaware of any evidence of sexual contact," said Rubin Sinins, Wei’s attorney. "The statute defining sexual contact refers to nudity and private parts, and, to my knowledge, nothing like that was seen. I’m also unaware of any evidence that any video was recorded, reproduced or disseminated in any way." Law enforcement officials declined to discuss the case because it is still under investigation. Prosecutors are considering whether to upgrade the charges against Ravi and Wei to bias crimes because Clementi was gay.

The article also includes accounts from friends of the duo: "She said, 'Dharun came in to my room and turned on my computer to web chatting. We watched for two minutes," said Sean Yan, 18, a longtime friend. Wei told friends she saw Clementi and a male visitor kissing. She described the visitor as 'kind of sketchy,' with ragged clothes and a scruffy beard, Yan said. Later on the night of Sept. 19, Ravi used his Twitter account to tell friends that he and Wei had seen his roommate 'making out with a dude.' The feed went out to Ravi’s nearly 150 Twitter followers."


Towleroad News #gay

—  admin