Details of what CeCe pled to

Hey folks- Because some misinformation has been spread through the media, we wanted to share details of what CeCeactually testified to when she pled guilty in court on May 2. Several members of the support committee took detailed notes during CeCe’s plea hearing, and the information below is based on those notes. We believe this is an accurate and complete account of the factual basis laid out for her plea, but we do not have the actual court transcript to draw from at this point:

Statement of facts

• McDonald was with friends, all of whom were black, at her apartment the night of June 5th, 2011.
• McDonald is a transgender person transitioning from male to female.
• Around midnight, McDonald and her friends decided to leave her apartment to walk to the Cub Grocery Store to purchase food.
• On the way to the Cub, they passed the Schooner Tavern.
• Outside the bar were four white individuals, including Dean Schmitz and Molly Flaherty.
• Schmitz and Flaherty and maybe other individuals made racist and transphobic remarks to McDonald and her friends.
• McDonald elected to walk away but could not because Flaherty smashed a glass across McDonald’s face, cutting through her cheek and lacerating her salivary gland.
• McDonald later received treatment for her laceration at the hospital.
• McDonald ended up in a fight with Flaherty and had to defend herself.
• Schmitz entered the fight and McDonald also had to defend herself against him.
• McDonald tried to leave the scene to get help for her laceration and made it to the intersection.
• Schmitz ran after McDonald, who turned around to face him.
• McDonald was afraid when she saw Schmitz and pulled scissors out of her purse to defend herself.
• McDonald handled the scissors in a way that created an unreasonable risk to Schmitz. She understands that she introduced a weapon into the fight and that doing so always has the potential of causing a death. She further understands that she has the legal duty to handle a weapon in a way that no one is harmed.
• Schmitz pulled McDonald towards her and ended up with the scissors in his chest.
• McDonald understood that submitting this plea means that she was giving up her claim to legally acting in self-defense and was not saying that someone else did it.
• McDonald agreed that Schmitz died as a result of the stab wound he suffered.
• McDonald stated that she had never met any of the attackers before that night.

Several members of the support committee took detailed notes during CeCe’s plea hearing.

Chrishaun “CeCe” McDonald Accepts Plea Agreement to Reduced Manslaughter Charge

May 2, 2012

Chrishaun “CeCe” McDonald Accepts Plea Agreement to Reduced Manslaughter Charge
Racism, Transphobia in Legal System Continued Assault McDonald Survived, Supporters Charge

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

Minneapolis, MN – Earlier today, Ms. Chrishaun “CeCe” McDonald accepted a plea agreement to a reduced charge of manslaughter in the second degree in the criminal case resulting from the racist, transphobic assault she survived last June that left one of her attackers dead. The prosecution had originally charged her with felony murder in the second degree. However, after entering into plea negotiations this morning, the defense and the prosecution settled on the reduced charge. McDonald will be sentenced on June 4th at 1:30pm under Hennepin County Judge Daniel Moreno to 41 months in prison. The executed sentence will be reduced by one third, for “good time” and credit for the time McDonald has served pending this resolution.

05/02: CeCe pleads guilty to reduced charge

This afternoon, CeCe pled guilty to one count of manslaughter in the second degree due to negligence. She will be sentenced to 41 months on June 4, at 1:30 pm. Stay tuned for more details to follow.

5/1 Trial Update

The whole day in court was spent on the jury selection process. Literally the WHOLE DAY, nothing else happened. Court will resume at 9:00 a.m. tomorrow, and jury selection is expected to conclude in the morning. Opening arguments will likely occur in the afternoon.

While that lacks excitement look at this picture that was just posted out of Manhattan. Thanks supporters, FREE CECE!

4/30 at the CeCe McDonald trial…

The first day of CeCe McDonald’s trial had national support from Mara Keisling, founding executive director of the National Center of Transgender  Equality, and Leslie Feinberg, renowned author of Stone Butch Blues, both of whom flew out to Minneapolis to attend today’s proceedings.

In court, the judge ruled on several remaining motions. The defense moved to exclude a photo of the t-shirt Dean Schmitz, the deceased, was wearing June 5th on the grounds that it could unfairly prejudice the jury. This motion was denied.

In the discussion of this motion, the prosecution stated no weapon had been recovered from the scene. They also acknowledged it remains unclear what the weapon which caused Schmitz’s wound was.

The defense continued with a motion to sequester, or isolate from the proceedings, two Hennepin County Witness Coordinators during the examination of the witnesses they had interviewed because they were also potential witnesses. This motion was granted.

The defense moved to allow other expert witness testimony on transgender issues. The judge will make a final decision about allowing expert witness testimony after further deliberation.

The defense moved to allow CeCe more than the one change of clothes generally permitted. This motion was granted. (Today she wore black skinny slacks with a magenta button-down, black and grey paisley sweater and absolutely superb grey pumps.)

We are not aware of a decision that has been made regarding whether Dean Schmitz’s swastika tattoo will be admitted as evidence during the trial.

Jury selection will begin Tuesday, May 1st.

Updates from April 27 hearing

On Friday, April 27th, CeCe McDonald appeared in court for her final pre-trial hearing. Both the defense and the prosecution argued motions on which  evidence could be admitted or not, whether or not to allow expert witnesses, and whether or not supporters can wear Free CeCe gear in court.

The prosecution motioned to prevent people in the courtroom from wearing any t-shirts, buttons or anything that shows support for CeCe in any way. The motion was granted. (This means that we cannot wear support wear during CeCe’s trial.)

April 26 Dance Rally for CeCe

Check out these photos from the April 26th Solidarity Dance Party outside of Hennepin County Government Center! (Click here to download hi-res versions of the pictures)

Katie Burgess and Rai’vyn Cross on Democracy Now!

Watch Katie Burgess’ and Rai’vyn Cross’ interview with Amy Goodman and Juan Gonzalez on Democracy Now!:

From Democracy Now’s website:

A transgender African-American woman is set to go on trial next week on charges of second-degree murder for an altercation after she was reportedly physically attacked and called racist and homophobic slurs outside a Minneapolis bar last year. Chrishaun “CeCe” McDonald received 11 stitches to her cheek and was reportedly interrogated without counsel and placed in solitary confinement following her arrest. There were reports that the dead victim, Dean Schmitz, had a swastika tattooed on his chest. McDonald’s supporters say the case is symptomatic of the bias against transgender people and African Americans in the criminal justice system. “People were very enraged about what had happened to her and the refusal of Hennepin County to recognize her right to self-defense,” says Katie Burgess, executive director of Trans Youth Support Network, who has helped draw attention to the case and notes transgender people of color are twice as likely to experience discrimination as their white peers. We also speak with Rai’vyn Cross, one of McDonald’s best friends.

Rally TODAY, Hearing Friday, and more!

With CeCe’s trial just around the corner, the support committee has lots going on:

TODAY, Thursday 4/26, at 3pm, come to a solidarity dance party at HennCo Government Center!

TOMORROW, Friday 4/27, 9am, come to court for CeCe’s last hearing before trial.

If you want info on trial support plans, have questions you need answered, or want to get involved, come to one of two community meetings this weekend:

• Friday, 4/27, 6pm or
• Saturday, 4/28, 1pm

Both meetings are at the Exchange, 3405 Chicago Ave S, Mpls.

And, finally, we need as many people as possible to help us pack the courtroom every day of CeCe’s trial, which begins next Monday, April 30, at 9:00 am on the 13th floor of HennCo Government Center. See our “Trial Support” page for more info on what trial will look like and ways you can help out, including and in addition to showing up for court.

Pretrial hearing rescheduled for Friday 4/27 at 9am

Today CeCe McDonald had a pretrial hearing scheduled. Thirty plus supporters and family members came to pack the courtroom yet again to show the community love of CeCe. After two hours of in chambers discussion CeCe’s pretrial hearing was rescheduled for Friday, April 27th at 9am.We again ask for community members to come out to show support of CeCe by packing the courtroom. Please wear your Free CeCe shirts & buttons to show solidarity!

When: Friday, April 27th at 9am

Where: Hennepin County Government Center