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Alexis Giraldo v. CA Department of Corrections Court Watch & Trial Updates

Alexis Giraldo v. Department of Corrections Results in Mistrial; Community Groups Claim Victory

We learned last night that the jury returned a verdict relieving some of the individually-named defendants of personal liability, but deadlocked on one defendant. This entitles Alexis to a new trial with respect to this defendant. Alexis also has the chance to ask for a dismissal on the entire case, and pursue an appeal on her claim that the state's practice of putting transgender women in men's prison as a matter of course violates the prohibition against cruel & unusual punishment in California's constitution.

Despite the distorted claims coming from the San Francisco Chronicle, Ms. Giraldo did not "lose" her case. She is entitled a new trial! The transgender community and human rights supporters also did not "lose" this case -- we already won numerous victories that no CDCR official, judge, jury or Attorney General can take away from us:

• We told the truth: we educated the public on what really happens to transgender people in prison. We corroborated Ms. Giraldo's experiences of abuse and harassment by highlighting numerous similar experiences of other transgender women prison survivors. We also exposed the lies and misrepresentations that the Dept. of Corrections uses routinely to cover-up the egregious human rights abuses they allow to occur in their prisons.

• We built a stronger movement: Alexis brought disjointed parts of the larger community together. Community-based organizations that had not worked together before united to support her and all transgender people in prison.

• Other transgender people in prison are reporting better treatment by prison staff following the trial. TGIJP clients in prison have informed us that their requests for cell moves are now being responded to faster, and transfers to more dangerous prisons are being delayed.

Stay tuned for further updates as Alexis meets with her attorneys to decide whether to ask for a new trial.

More Media Coverage of the Protest

Thanks to Free Speech Radio News, KPFA in Berkeley, and KPFK Uprising Radio in Los Angeles!

Listen to reporter Puck Lo's Free Speech Radio News piece on the protest and trial. The piece aired as part of KPFA's evening news on Tuesday, August 31st.

TIP member Kelani Key was interviewed this morning by Uprising Radio, a morning show on KPFK Pacifica Radio based in Los Angeles. The interview will be posted online in a few hours. KPFK has also been asking listeners in the Southern California region to show their solidarity and support for Alexis and all transgender people in prison by placing red ribbons on their car antennas!

The jury is set to begin deliberating today. We will post the verdict here as soon as we hear!

July 31, 2007, 4:30pm

Closing arguments were heard today. Alexis' attorney Mr. Greg Walston made eloquent pleas to the jury to deliver justice for Ms. Giraldo and other transgender people like her. The courtroom was packed with supporters for Ms. Giraldo.

The court is closed tomorrow, so the jury will begin deliberating on Thursday, August 2nd. We expect a verdict to follow shortly thereafter. Please keep an eye on this site for more information!

July 30, 2007, 3:30 pm

Closing arugments are scheduled for tomorrow at 9 am. If you haven't been able to make it to court yet, tomorrow is the time! The jury will recess to deliberate immediately after closing arguments, with a verdict expected soon thereafter.

July 30, 10:00 am

Community Protest Exceeds Expectations!

100 Community Members Join Alexis in Her Pursuit of Justice

The protest in support of Ms. Giraldo was a resounding success! We estimate at least 100 people turned out to support Alexis as her trial moves into its final day of evidence. Protesters in red clothing lined all four corners of the intersection of Polk & McAllister, immediately in front of the courthouse. Protesters also wore tape over their mouths to symbolically demonstrate how our communities are systematically silenced by rape and abuse in prison.

Alexis and her attorneys greeted supporters outside the courthouse as they entered for today's session. Supporters were eager to meet them, and thanked them all for their hard work and sacrifice defending everyone's basic human rights.

Passersby stopped to talk to protest participants to learn more about the case, and vehicles passing through the busy intersection slowed down to read our signs.

Protest participants were united in our demands to the Attorney General and the Federal Prison Health Care Receiver: the state must stop ignoring the obvious and implement effective policies that will help end human rights abuses against all people in prison.

Photos from the protest will be posted soon! A deep heart-felt thank-you to everyone who stood in solidarity with us, Alexis, and all our community members in prison confronting sexual assault and rape everyday!

July 30, 2007, 8 AM

Media Materials For Community Protest

PRESS RELEASE

For Immediate Release

Monday, July 30, 2007
Contact:
Miss Major, Trans/Gender Variant In Prison Committee (TIP)
415-252-1444, cell: 510-712-3331
Nat Smith, TIP, Critical Resistance
415-314-0867

TIP members and supporters also made phone calls throughout the day to Attorney General Jerry Brown and Federal Prison Health Care Receiver Robert Sillen to communicate their demands. Callers specifically demanded an end to the Attorney General's offensive and unprofessional tactics. The trial has been marked by repeated attacks on Ms. Giraldo's credibility by the Attorney General's lawyers, claiming that Ms. Giraldo not only lied about being raped but also failed to report the assaults, despite her ample paperwork documenting the contrary. Furthermore, the Attorney General's lawyers continue to refer to Ms. Alexis Giraldo as "he" and "him," clearly disrespecting her in the courtroom.

This case seeks to mandate the state to develop new and better measures to protect transgender people in prison. Prisons do not make us safer. The elements of sexism and racism central to sexual violence are also intrinsically linked to the strength of the prison industrial complex,” says TIP member Jayden Donahue.

TIP members cited a recent study by Valerie Jenness, a University of California, Irvine criminologist, as empirical evidence of the widespread and systemic nature of human rights abuses against transgender people in state custody. Dr. Jenness found that in 2006, 59% of the state's transgender prisoners reported being sexually assaulted, compared with 4% of the general prison population. (Jenness et. al., Violence in California Correctional Facilities: An Empirical Examination of Sexual Assault, A Report Submitted to the California Department of Corrections & Rehabilitation, Center for Evidence-Based Corrections, University of California Irvine, 4/27/07.)

The frequency of assault is staggering," stated Miss Major, TGIJP's Organizing Director and former prisoner, "but not surprising. For every case like this that makes it to a jury, there's another 50 transgender survivors who will never get their day in court because they are too traumatized to think about suing. My organization has received numerous reports from prisoners showing that the Department of Corrections & Rehabilitation is fully aware of this problem, but the system is too disorganized and dysfunctional to fix it.

Protest participants wore red clothing, held signs with their demands, and covered their mouths to demonstrate how the transgender community's cries for help go unheard and unheeded in prison. The symbolic act was also meant to show how transgender people who speak out are silenced by vicious retaliation from prison staff.

Protesters also underscored the need for community-based health, educational, housing and employment services as important measures to combat poverty among transgender people, and prevent them from going to prison. Said TIP member and prison sexual assault survivor Kelani Key: “The only real way to end violence against transgender people in prison is to give us the resources to fight discrimination and find meaningful employment so we don’t go to prison in the first place. These immoral human rights abuses in prison will continue as long as anti-transgender bigotry is accepted in society.

For more information about the case and the protest, please contact Miss Major or Nat Smith, and visit the website of TIP's parent organization, the Transgender, Gender Variant & Intersex Justice Project: http://www.tgijp.org/giraldo.

###

July 27th, 2007, 3 pm

PHONE BLAST TO THE ATTORNEY GENERAL AND FEDERAL PRISON HEALTH CARE RECEIVER

We ask all interested community members to call the Attorney General's and Federal Prison Health Care Receiver's offices to demand policy change in California's prison system, and an end to the antagonistic and discriminatory treatment of Ms. Giraldo.

Please use the scripts and phone numbers below to contact Jerry Brown and Robert Sillen on Monday, July 30th. Transgender prisoners who are members of the TIP Committee will also be calling from a Bay Area prison!

Thank you, the TIP Committee

For calls to Attorney General Jerry Brown:

Phone: 916.322.3360
Toll free: 1.800.952.5225

Hello My name is___________________ & I am from ___________ (city).

I am calling to express my outrage over your office�s handling of the Alexis Giraldo case. I demand an end to the bullying tactics & harassment against Alexis that you have been relying on to win the case. The abuses suffered by transgender people in the prison are human rights violations. Rather than defending the California Department of Corrections & Rehabilitation's wrongdoings & cover-ups, I call on you & the CDCR to create new policies to protect all people, especially transgender people, from sexual assault in prison.

THANK YOU, __________________ (your name).

For calls to Federal Health Care Receiver Robert Sillen:

Phone (San Francisco): 415.522.4067, San Jose (Headquarters): 408.436.6800, Sacramento: 916.323.1221

Hello My name is___________________ & I am from ___________ (city).

I am calling to express my outrage over the California Department of Corrections & Rehabilitation's handling of the Alexis Giraldo sexual assault case. I demand an end to the violence faced by transgender prisoners in the California prison system. The abuses suffered by transgender people in the prison are human rights violations, and are completely unacceptable.

I call on you & the California Department of Corrections & Rehabilitation to create new policies to protect all people, especially transgender people, from sexual assault in prison. I call on you and the Federal Health Care Receiver's office to provide provide adequate counseling, resources and medical care for survivors of sexual violence in prison. These systems should be responsive and supportive, and should not villanize people in prison.

THANK YOU, __________________ (your name).

July 26, 2007, 4 pm

URGENT COMMUNITY ALERT!

COMMUNITY ALERT * FOR IMMEDIATE RELEASE
Thursday July 26th, 2007

Contact: Miss Major, Trans/Gender Variant In Prison Committee (TIP) 415-252-1444, cell: 510-712-3331
Nat Smith, TIP, Critical Resistance
415-314-0867

COMMUNITY PROTESTS HUMAN RIGHTS VIOLATIONS AGAINST TRANSPEOPLE IN CALIFORNIA PRISONS

Join the silent protest at the courthouse, make calls to Attorney General Jerry Brown and Federal Receiver Robert Sillen to support a transgender woman rape survivor.

When: 8:00am � 9:30am Monday July 30th, 2007.
Where: Civic Center Courthouse, 400 McAllister Street @ Polk St, San Francisco.
Clothing: Wear RED, as Alexis has chosen the color as a symbol of the hurt and pain caused by the violence and discrimination against our communities, as well as a way to express power in loving solidarity. If you are planning on going into the courtroom, please bring other articles of non-RED clothing as the judge has asked us to stop this practice in the courtroom.

The Trans/Gender Variant In Prison Committee (TIP) will hold a silent protest outside the courthouse to support Ms. Alexis Giraldo, a Latina transgender rape survivor who is suing the California Department of Corrections and Rehabilitation for failure to protect her despite her requests for help. TIP members and supporters will also make calls to Attorney General Jerry Brown and Federal Receiver Robert Sillen throughout the day.

This case seeks to mandate the state to develop new and better measures to protect transgender people in prison. Prisons do not make us safer. The elements of male and white supremacy central to sexual violence are also intrinsically linked to the strength of the prison industrial complex,� says TIP member Jayden Donahue.

The trial has been marked by repeated attacks on Ms. Giraldo's credibility by the State Attorney General, claiming that Ms. Giraldo not only lied about being raped but also failed to report the assaults despite her ample paperwork documenting the contrary. Lawyers continue to refer to Ms. Alexis Giraldo as "he" and "him," clearly disrespecting her in the courtroom.

Valerie Jenness, a University of California, Irvine, criminologist who recently studied sexual assaults in California prisons, testified that 59% of the state's transgender prisoners have reported being sexually assaulted, compared with 4% of the general prison population. (International Herald Tribune, July 20th, 2007)

SILENT PROTEST

Ms. Giraldo has repeatedly told us that community support gives her the strength and courage she needs, as she puts herself on the line to make a better world for all of us.

TIP is requesting community presence at a silent protest to take place outside the courthouse. Attendees will hold provided signs and cover their mouths to demonstrate the daily violence all transgender prisoners face. Our cries go un-heard and unheeded and/or we are retaliated against for raising our voices.

Please let TIP know how many individuals from your organization will be able to attend the protest by calling Miss Major or Nat Smith.

CALLS TO ATTORNEY GENERAL JERRY BROWN AND FEDERAL PRISON HEALTH CARE RECEIVER ROBERT SILLEN

Community members will also make phone calls to demand policy change in California�s prison system, and an end to the antagonistic and transphobic treatment of Ms. Giraldo.

Please visit TGIJP for talking points and trial updates.

TIP is a project of the Transgender and Intersex Justice Project (TGIJP).

July 26, 2007, 1:30 pm

The Department of Corrections continued to call their witnesses to the stand. Today the state's forensic psychiatrist testified. His testimony was offered to discredit Alexis, to say that she is lying about being raped. Fortunately the value of his testimony is extremely low because he has never examined or spoken to Alexis directly, and his opinion is formed solely by medical charts kept by the Department of Corrections. Given that the entire state prison medical system has been placed under the jurisdiction of the federal government for gross neglect and incompetence, it's no surprise that these records are vastly deficient and incomplete.

NO COURTWATCH TOMORROW, FRIDAY JULY 27. The court will be discussing jury instructions, and no evidence will be presented. THE FINAL DAYS OF COURT WATCH WILL BE MONDAY JULY 30TH, AND TUESDAY JULY 31ST. Closing arguments will take place on Tuesday the 31st.

July 24, 2007, 12:50 pm

Alexis has finished testifying, and her attorneys have rested. The defense (the Department of Corrections, represented by the Attorney General's office) began presenting its side of the case today.

The AG's office called various prison staff members to the stand, starting with Correctional Counselor Ignasiak. Mr. Ignasiak is one of the first prison staff persons that Alexis told she was being raped and attacked by her cellmate. According to Alexis, Mr. Ignasiak failed to take her seriously, and instead told her to be "tough and strong" and endure the assaults. Mr. Ignasiak of course refuted this claim on the stand today, even going so far as to make the highly suspect claim that "no one says things like that in prison." Fortunately, Alexis' attorney was able to get Mr. Ignasiak to admit on the stand that he would not testify that he failed to act on Alexis' reports of assault because admitting as much would jeopardize his job.

After several rounds of questioning, Mr. Ignasiak stepped down from the stand, and the state called Dr. Ghorkey to the stand. Dr. Ghorkey is a psychologist at Folsom State Prison, and Alexis reports she also informed him about the assaults. The defense plans to continue to present their witnesses for at least until the end of the week.

The Attorney General's office sent 15 people to attend the trial today. We need to keep up our support for Alexis! The state plans to call Alexis' former cellmate -- the man who attacked her -- to the stand as a witness in a few days. Alexis definitely need as much support as possible in the coming days.

Various media outlets have covered this case. The Bay Area Reporter continues to provide ongoing coverage, and the Associated Press ran a story on the case that was carried by SFGate.com, the Los Angeles Times, the San Jose Mercury News, the Chicago Sun Times, the Austin American Statesman, the Washington Post, ABC News, MSNBC, The Advocate, and Yahoo News.

You can read the San Francisco Chronicle version of the AP article here.

7/23/07, 7:55 pm

As of today, Alexis is still presenting her case. This morning, a former prison warden testified about classification, housing, transfers and other details of California�s prisons and answered questions from both Alexis� attorney and the Deputy Attorney General (representing the state) as to the appropriateness of housing a transwoman like Alexis in the general population at Folsom State Prison. It was very distressing as the Deputy AG continued to use the term �effeminate homosexual� (and not transgender or transwoman) to refer to Alexis and other trans prisoners. Afterwards, the Deputy AG continued with his cross-examination of Alexis, asking her questions about dates and conversations with various CDCR personnel. The Deputy AG's questioning style was hostile, but Alexis did a great job of getting the real answers out there and cutting through the misstatements and mischaracterizations to get her message across to the jury.

The AG's office has a half dozen to a dozen supporters (and numerous witnesses) who are attending the trial, so Alexis could definitely use a showing of community support, especially since those attending on the state�s behalf today looked like they were in town for a �good ol� boys� convention. We expect the trial schedule to continue from 9:30am to Noon each morning and 1:30 pm to 4:30 pm each afternoon at least for the rest of this week and probably into next week, so please stop by and show your support!

July 18, 2007, 1:55pm

Alexis began her testimony today.

Alexis took the stand today to tell the jury and the public about her experience of being attacked and assaulted by her cellmate, and of repeatedly asking for help from prison staff -- help that never arrived. The state's attorneys repeatedly objected to her testimony, but most of the objections were overruled by the judge.

Alexis will continue her testimony tomorrow morning, and will likely be cross-examined by the state's attorneys tomorrow. This is the toughest part of the case for her, and community support is strongly needed. The court recessed at noon today, and will continue with the trial at 9:30 am tomorrow, in the same location.

The judge also asked that court observers not wear red because of the distraction it can cause. At this time we're asking everyone who is coming to support Alexis to wear your normal clothing, and to sit in silent solidarity with her.

July 16, 2007

TRIAL STARTS TOMORROW!

Alexis' trial starts tomorrow, Tuesday July 17th, at 9:30 am. The location is the same: the Civic Center Courthouse, 400 McAllister, Room 622.

The trial is expected to go until around July 31st, and will proceed every day until then (except on the weekends) from 9:30 am to 4:30 pm. Please attend and wear RED to show your support!

At today's court session, a jury was selected. A cross-section of San Francisco residents from all over the city will be serving as jurors on this important civil rights case.

Alexis was RELEASED FROM PRISON last Friday! She is currently staying with TGIJP volunteers in San Francisco for the duration of the trial. She has repeatedly told us that community support gives her the strength and courage she needs, as she puts herself on the line to make a better world for all of us.

IMPORTANT UPDATE: Court Watch has been postponed due to unethnical delay tactics by the state's attorneys! More updates will follow after Monday, 7/16.

We kicked off the trial today with a press conference! Speakers included noted transgender community activist and TGIJP Organizing Director Miss Major, TGIJP volunteer and Trans/Gender Variant in Prison Committee (TIP) member Kelani Key, El-La Program Para Translatinas Program Coordinator Alexandra Byerly, and Alexis' attorney Greg Walston. Check out the press packet! Keep an eye out for us in the news!

Trial began today in Room 622, the courtroom of Judge Ellen Chaitin at the San Francisco Superior Court. Today at trial, the state (represented by the state's Attorney General's office, headed by former Oakland mayor Jerry Brown) filed a frivolous motion to move the case to federal court, which if granted would essentially start us over from square one. We would have to move the entire trial to a federal courthouse, and wait to get a free courtroom for trial. There is no basis for this motion, and it will almost certainly be denied (especially since it was filed after the trial had already started). It is clearly just an attempt to once again delay trial, potentially damaging Alexis' standing to be able to get an injunction to help all transgender people in prison. The attorney general's actions in this case so far have been nothing but to delay the case as much as possible, including by filing completely unsupported motions just to buy time while their motions are processed and denied. Prior to this, they filed five motions to continue, all of which were denied.

Unfortunately we have to wait another week to hear from the federal court to see if they will take the case before we can move forward. Judge Chaitin asked us all to come back on Monday, 7/16, when we've heard whether the case will be moved. If the federal court has denied the motion by then, the trial may proceed -- but it may have to be rescheduled to a later date if no courtroom is available at that time.

Thanks to all the community members who came out to support Alexis. She was in court today, and got to see other transgender people there having her back. Community presence is becoming more and more important as the state continues to attempt to destroy her case. Regardless of what happens at they will be attempting to discredit Alexis in court, most likely using her transgender status as "evidence" of mental illness!

Alexis' attorney released a strongly-worded statement to the press about the state's latest attempts to dodge responsibility for protecting transgender people in its prison system.

Selected highlights from today's court action:

• The attorney general's attempt to file their request to move the case to federal court was not processed initially because their state credit card was declined!

July 5, 2007, 10:20 PM:

Trial is still set for next week, with community support at the Court Watch needed beginning at 9 AM on Tuesday, July 10th, at the Civic Center Courthouse in SF, Room 622.

Our press conference is still set for Monday morning, 8 AM, July 9th (at the steps of the courthouse), the first day of jury selection for the trial.

July 3, 2007, 10 PM:

We got a courtroom! The trial is set to officially start on Monday, July 9th, in ROOM 622 at the Civic Center Courthouse in San Francisco. However, Alexis' attorney has requested that community members start the Court Watch the next day at 9 AM on Tuesday, July 10th. This is because the first day will be juror selection, so there will literally be no room in the courtroom for Court Watch participants (if you've ever been called in for jury duty, you know what we mean!).

TGIJP and Community United Against Violence will be holding a press conference about the trial from 8 AM to 9:30 AM on Monday, July 9th, in front of the courthouse. In addition to Alexis' attorney, members (and prison survivors) of the Trans/Gender Variant in Prison Committee will also speak on the widespread violence against transgender people in prison.

We'll be posting more updates as we get them!

The State Attorney General's office (representing the defendants, the CA Dept of Corrections) filed their fourth motion to continue the case, attempting yet again to delay the trial. Alexis' attorney Greg Walston was able to convince Judge Ballati to deny the motion, but because of a shortage of available courtroom space, Alexis' case was postponed until at least Thursday, July 5th. On that date, the court will put this case on "standby," meaning it could start as soon as courtroom space becomes available. For the time being, THERE IS NO COURTWATCH ON WED JULY 3RD. The court is not in session on July 4th.

Given the delay, we would like to request community members come out to support Alexis on Monday, June 9th. We are working with Community United Against Violence to coordinate a press conference from 8am to 9:30am that same day.

Keep checking here for daily updates! You can also call 510-677-5500 to talk to TGIJP director (and expert witness for Ms. Giraldo!) Alex Lee, or call and listen to the outgoing voicemail message for the newest information.

Remember to wear RED! The state's attorneys are repeatedly referring to her by her male name and with male pronouns -- Alexis needs our support!

What's this case about?

Alexis Giraldo v. CA Department of Corrections is a case brought by a transgender woman (Alexis Giraldo) who is suing the California Department of Corrections and Rehabilitation (CDCR) for failing to protect her -- and transgender women like her -- from rape and sexual assault while they are in prison.

Ms. Giraldo is a Latina transwoman who, in early 2006 while serving time at a California state prison, was threatened with rape and sexual assault by her cellmate. Ms. Giraldo repeatedly sought protection from prison staff over a three month period while these threats continued, but her requests for help were either disregarded or ignored. Unfortunately, Ms. Giraldo's cellmate followed through on his threats soon afterward and raped her repeatedly.

She is now suing the state for failing to listen to her, and for allowing her to be attacked. She is seeking both money damages for her own injuries, and a declaration from the court to force the CDCR to develop policies and practices to better protect transgender prisoners. Thus, this case is crucially important in creating opportunities to force the state prison system to develop newer and better mechanisms and policies that better protect transgender people in prison.

To read more about the case, please take a look at news coverage from the Bay Area Reporter.

Was this an isolated incident?

Unfortunately no. According to our estimates, Ms. Giraldo's case is just the tip of the iceberg -- for every case like Ms. Giraldo's to make it to trial, another 50 or so survivors never get their day in court. Furthermore, a recent study commissioned by the CDCR revealed that transgender women in men's prisons are 15 times more likely to be sexually assaulted and raped in California prisons than non-transgender prisoners.

Where is the trial taking place? What times are good to go to?

The trial is taking place at the Civic Center Courthouse, 400 McAllister St, at Polk, in San Francisco, Rm 622. Click here for directions and transit info. Community presence is requested starting at 9 AM on Tuesday, July 10th, and continuing at least to the end of the week.