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I've gotta disagree with point 1 and to some extent points 2 and 3. If a person still has male plumbing (he/she was pre-operative) and represents him/herself as female to people he/she is going to have sex with, that certainly is misrepresentation.
On point 2, s/he may not have been legally responsible for her murder... but "not in any way responsible" is going too far. If you walk the streets of Philadelphia flashing a lot of cash, and you get mugged, you're not legally responsible for it either, but you're still responsible in some way.
On point 3, I might buy such a defense if the killing had happened immediately after the discovery, particularly if that were during or immediately after sex. This case doesn't seem to fit that scenario.
And if you're banging someone and somehow didn't notice the plumbing issues, you've got problems of your own.
And personally I don't care whether gwennie/rock uses 2 ids or one.
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