vendredi 29 septembre 2017
How Missouri's Hate Crime Legislation Is Failing Ally Lee Steinfeld
Warning: the following story contains graphic details about an in-progress murder investigation.
On Sept. 21, the remains of Ally Lee Steinfeld were found in a chicken coop in the small rural town of Cabool, Missouri. According to local news reports, Steinfeld, a transgender 17-year-old, had been missing since on Sept. 1. Her body was discovered near the mobile home of 24-year-old Briana Calderas, whom Steinfeld was living with prior to her sudden disappearance. Steinfeld's eyes had been gouged out. Her genitals had been stabbed repeatedly. And her body had been burned and stuffed into a bag, where she was left for nearly three weeks.
The Crime
The police did not discover Steinfeld's body after Andrew Vrba, 18, confessed to the crime. Vrba said he first tried to poison Steinfeld, but when she wouldn't drink the liquid he was forcing on her, he resorted to stabbing. Calderas was also present, according to his statement, as well as 18-year-old Isis Schauer. The three worked together to burn Steinfeld's body after the murder. A fourth individual, James Grigsby, helped get ride of the body after the murder, though he was not present for the initial act. In addition to finding Steinfeld's remains on the property, police also found blood stains on the carpet inside Calderas's home. When you consider the details of the crime and the fact that Steinfeld came out as a transgender woman in May, it would appear that the crime may have been motivated by hate. But Sheriff James Sigman and prosecutor Parke Stevens Jr. are not charging Steinfeld's murder as a hate crime - because technically, under Missouri state law, it can't be one.
The Law
The fact that law enforcement and legislative officials will not call this a hate crime is, quite understandably, causing a great deal of outrage. In light of the decision not to charge the murder as a hate crime, LGBTQ+ organizations spoke out on the issue, andan official statement from the Anti-Defamation League (ADL) and PROMO (Missouri's statewide LGBTQ+ advocacy organization) stated that there is no doubt that this was a hate crime, and the violence committed against Steinfeld was "deeply rooted in transphobia" and "regularly seen in acts of violence against transgender people." The statement goes on to urge the prosecutor, Stevens, to explore the possibility that this is indeed a hate crime.
But it's not that easy. The fault actually lies in Missouri's hate crime legislation, as we found out when POPSUGAR contacted Stevens on Sept. 29 for further comment regarding the nature of the murder. Stevens would not provide any additional insight into the circumstances surrounding Steinfeld's death, instead choosing to share a press release which argues that the charges do not fall under Missouri's hate crime laws. Within the document, Stevens outlines the exact phrasing of current hate crime legislation in the state of Missouri, and how it pertains to this case.
"In Missouri, as the laws passed by the legislature, 'Hate' offenses are defined by section 557.035 RSMo. 'Hate' offenses are acts 'knowingly motivated because of race, color, religion, national origin, sex, sexual orientation, or disability' and are applicable only to the following offenses: Assault in the third degree, 565.054 RSMo, Harassment in the first degree, 565.090 RSMo, Property Damage in the first degree, 569.100 RSMo, Unlawful use of a weapon, 571.030 RSMo, Assault in the fourth degree, 565.056 RSMo, Tampering in the second degree, 569.090 RSMo, Property Damage in the second degree, 569.120 RSMo, Trespass in the first degree, 569.140 RSMo, and Rioting, 574.050 RSMo."
While it's clear that Missouri's hate legislation and provisions have failed Steinfeld, Stevens also offers a problematic read of the crime. According to the New York Post, Sigman and Stevens avoided calling Steinfeld's death a hate crime. "I would say murder in the first-degree is all that matters," Stevens said. "That is a hate crime in itself." By this confounding logic, every murder is a hate crime. Which, by the same token, would mean that no murder can be a hate crime. When we reached out for further insight into the attorney's specific views on the matter, he responded with the aforementioned press release but did not answer our additional questions on the matter or the comments he'd made pertaining to it.
The Charges
The official Missouri court records show that Calderas, Vrba, and Schauer were all arrested and charged with first degree murder, armed criminal action, abandonment of a corpse, and tampering with physical evidence. Grigsby, the fourth defendant, is only being charged with the latter two since he did not participate in the act of murder itself. Schauer's defense attorney, Paul J. McMahon, said he had no comment on the case or his client's plea when reached by POPSUGAR on Sept. 28. Calderas and Vrba's attorney, Michael Jacobs, could not be reached for comment at press time. Nevertheless, since the three alleged killers do not face any of the charges outlined by Missouri's hate crime law, there is "no enhanced penalty" for their crimes. And since the hate crime laws do not protect against these specific offenses, formal charges cannot be filed.
"I would say murder in the first-degree is all that matters. That is a hate crime in itself."
As the official release from the ADL and PROMO asserts, the refusal to call this murder what it is "conveys a lack of awareness about the transgender community and the threats of violence we live with every day." But the fact that under Missouri law this cannot legally be considered a hate crime is even more upsetting. It's an upsetting reality that shines a spotlight on hate crime legislation across the country.
The Future
In a statement from GLAAD that was sent to POPSUGAR on Sept. 29, the organization notes that hate crime legislation "has led to few, if any, prosecutions," and that "the epidemic of anti-trans violence is far-sweeping and needs much further and immediate action." It's not just that all states should adopt hate crime laws that protect the LGBTQ+ community, it's also that these laws need to be more comprehensive in their protection. The fact that first degree murder - one the most radical acts of violence one human can commit against another - cannot be considered a hate crime is egregious.
We're living in a time when a staggering amount of transgender woman are being murdered, and transgender women are among those that are the most at-risk for hate-motivated violence in the United States. It's not enough to bring these three individuals to justice for the horrifying crime they've committed. We need to shine a light on why.
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